R2005-0161 10-24-05 RESOLUTION NO. R2005-161
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 CARTER & BURGESS, INC., FOR
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE
EXPANSION OF THE SOUTHWEST ENVIRONMENTAL CENTER
WASTEWATER TREATMENT PLANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Carter&
Burgess, 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 Carter & Burgess, Inc., for engineering
design services associated with the expansion of the Southwest Environmental Center
Wastewater Treatment Plant.
PASSED, APPROVED and ADOPTED this the day of
A.D., 2005.
TOM REID
MAYOR
ATTEST:
U N G R
ITY '4RETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
CITY OF PEARLAND 1 A
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter"City"), and Carter & Burgess (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: Provide design and construction phase engineering services for
the Southwest Environmental Center Wastewater Treatment Plant.
Engineer/Subconsultant(s) Fee Basis of Compensation
Carter & Burgess $982,000.00 Lump Sum
Maximum Contract Amount $982,000.00 Lump Sum
*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, specifications and estimates: See schedule
Attachments: Scope of Services — Exhibit A
Scope of Services — Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries(including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual low 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.
2
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 half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition., Engineer may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Engineer has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
3
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) 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
(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
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.
5
EXECUTED and EFFECTIVE as of the day of , 20
CITY OF PEARLAND ENGINEER
By: By:
Printed Name: Printed Name:
Title: Title:
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:
6
•
•
55 Waugh Drive,Suite 800
Houston,Texas 77007-5833
Car tern=BiirC,' ess Phone:713,869.7900
Far.: 713.869.5502
www.c-b.com
October 12,2005
Mr.Joe Wertz
Project Director
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
Dear Mr.Wertz:
Carter&Burgess, Inc.is pleased to submit the requested proposal for Southwest Environmental Center
Wastewater Treatment'Plant design and construction phase engineering services. This proposal follows the
recommendations presented in the preliminary engineer report for the SWEC WWTP.The overall fee,
including additional services is approximately 8%of the total construction cost.
Should you have any questions,please feel free to contact me at(713)803-2114 or barneswl(a)c-b.com.
Sincerely,
CARTER&BURGESS, INC.
7/7„)
.141 a
Wendell L. Barnes, P.E.
Vice President
WBB/adw
H:IBARNES1wbb-186.doc
cc: EDMS
Carter&Burgess,Inc. Carter&Burgess Architects/Engineers,inc. Carter&Burgess Consultants,Inc.
C&B Architects/Engineers,Ire. C&8 Architects/Engineers,P,C. C&B Nevado,Inc.
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
A. DEFINITION OF PROJECT
The City of Pearland (City or Client) has requested that Carter& Burgess, Inc.
(Engineer) provide a contract for engineering services associated with the
expansion of the Southwest Environmental Center (SWEC) wastewater
treatment plant (WWTP). The design of the expansion is to be in accordance
with the Preliminary Engineering Report for Southwest Environmental Center
(SWEC) Wastewater Treatment Plant Expansion and Proposed Ultraviolet
Disinfection Systems for Longwood and Barry Rose Wastewater Treatment
Plants, dated June 2005 and prepared by Carter& Burgess, Inc. The design is
to incorporate the recommendations made in the report in regards to the SWEC
plant. At this time no improvements are proposed for the Longwood or Barry
Rose WWTPs that were included as part of the report.
B. SCOPE OF SERVICES
a. Design Phase
In general the design of the plant expansion shall include the design of the
infrastructure, piping, electrical system and major plant components to
increase the capacity of the facility from 2.0 million gallons per day (MGD)
average daily flow (ADF) to a capacity of 6.0 MGD ADF. The proposed
design will only include the equipment installation to increase the capacity of
the facility from 2.0 MGD to 4.0 MGD. This is being done for the following
reasons:
• It is estimated that the full 6.0 MGD expansion will exceed the City's
proposed Capital Improvement Plan budget for the project.
• If growth occurs as projected, the City will need to start planning for an
expansion from 4.0 MGD to 6.0 MGD within two years of the completion
of construction on this project.
• By constructing all of the major plant components at one time the City can
recognize an economy of scale on the major structures.
• The future equipment installation can occur with minimal disturbance to
the plant.
• Equipment that is not needed immediately is not installed and sitting
unused.
The major components of the design shall include the following:
• Survey of the existing site to verify elevations of structures and locations
of existing improvements
• Geotechnical report to include recommendations for the design of the
new structures
• New plant lift station and modifications to the piping from the existing and
proposed lift station to the headworks
• New headworks with fine screening equipment
• Abandonment of the existing headworks
• Four (4) new SBR basins
• Modifications to the existing SBR basins to handle a 4Q peaking factor.
• Cloth disk media filter system
Page 1 of 4
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
• Abandonment of the existing filter system
• Upgrade of the existing UV system including cover and crane
• Two (2) new aerobic digesters and associated equipment
• New centrifuge in the existing building and modifications to the sludge
handling /dumpster access area
• New blower building that can accommodate the proposed and future
blowers
• New MCC building to accommodate proposed and future MCC units
• Evaluation of the existing generator and recommendations for additional
standby power(if required)
• Site access, drainage, and parking modifications
• The coordination of the SBR system and on-site lift station with the City's
SCADA system. The coordination of other plant components with the
SCADA system is not included.
The City has also requested the design of;additional items not directly
associated with the capacity expansion to the treatment plant. These include:
• New administration building with the following items:
o 6to8offices
o Administrative assistant area
o Male &female locker rooms /restrooms with changing facility and
showers for 15-20 male and 5-10 female employees.
o Storage room
o Conference room to accommodate approximately 15 people
o Break Room /Kitchen area to accommodate approximately 15 people
o Approximate 20' by 20' garage/maintenance area
• Architectural enclosure for the elevated headworks
• Brick fence and landscaping
b. BIDDING/CONSTRUCTION PHASE
The bidding and construction phase services shall include the following items:
• Reproduction and distribution of plans and specifications to contractors
• Conduct one pre-bid meeting at either Carter& Burgess offices or at a
location within the City of Pearland
• Issue addendums as required based on interpretations of the plans and
specifications.
• Attend one bid opening to be conducted at City Hall
• Review of bids submitted, creation of a bid tabulation and Engineer's
recommendation for award.
• Review of shop drawings, submittals & RFIs.
• Review of proposed change orders requested by either the City or the
Contractor. (Note: The negotiation of change order amount and the
preparation of change orders shall be completed by the City's
Construction Manager)
• Periodic site visits by the Engineer to attend progress meetings
approximately every other week
• Review of laboratory testing reports
• Substantial completion inspection
• Final completion inspection
Page 2 of 4
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
• Issue certificate of final completion
Any item not specifically listed above shall be considered an additional
service.
C. DELIVERABLES
The Engineer shall prepare review submittals and conduct plan review meetings
at the City of Pearland for the 30%, 70% and 90% designs. For each submittal
the Engineer shall provide the City with up to five (5) full size sets of plans and
specifications (if applicable.)
At the completion of design the Engineer shall provide up to 15 sets of plans and
specifications to the City for distribution.
D. BASIS OF COMPENSATION
a. Basic Plant Services
The basic engineering design and construction administration fee is based on
a percentage of the estimated construction cost equal to 7.5%. This fee can
be adjusted up if additional scope of work is added to the project or down if
items are removed from the scope of services prior to the design work being
completed on those individual items. A level of effort estimate for this task is
attached.
The estimated construction cost for the wastewater treatment plant items is
$11.450 Million.
Basic Plant Design & CA Fee: $860,000
b. Administration Building, Headworks Enclosure & Brick Fence
The engineering design and construction administration fee for the these
items is based on a percentage of the construction cost equal to 10%. This
fee can be adjusted up if additional scope of work is added to the project or
down if items are removed from the scope of services prior to the design work
being completed on those individual items.
The estimated construction cost for the requested additional items is
$850,000.
Design & CA Fee for Additional Items: $85,000
c. Additional Services
The design fee for the site survey and geotechnical investigations and reports
shall be on a cost plus basis or time and materials basis. The survey shall be
invoiced at the hourly rate times a 3.0 multiplier and the geotechncial
investigation shall be invoiced at cost plus 10%.
Survey $5,000
Geotechncial $6,500
Page3of4
Contract for Design and Construction Phase Services
for the
Southwest Environmental Center Wastewater Treatment Plant Expansion
Level of Effort Estimate for Basic Plant Design Services
Design Phase (30 weeks)
Approx. Hrs/ Total
Hr. Rate Multiplier Rate Week Hours Cost
Project Director $ 77 2.65 $ 204 4 120 $ 24,486
Project Manager $ 45 3.0 $ 135 20 600 $ 81,000
Senior Process Engineer $ 45 3.0 $ 135 20 600 $ 81,000
Professional Engineer $ 35 3.0 $ 105 40 1200 $126,000
EIT $ 25 3.0 $ 75 60 1800 $135,000
Senior CAD/Designer $ 30 3.0 $ 90 40 1200 $108,000
CAD $ 25 3.0 $ 75 20 600 $ 45,000
Admin* $ 20 3.0 $ 60 4 200 $ 12,000
Construction Manager** $ 45 3.0 $ 135 0 100 $ 13,500
Subtotal $625,986
*Includes hours per week plus 2 weeks for writing spec book.
**Includes time for QA/QC and constructability reviews.
Bidding/Award (8 weeks)
Approx. Hrs/ Total
Hr. Rate Multiplier Rate Week Hours Cost
Project Director $ 77 2.65 $ 204 1 8 $ 1,632
Project Manager $ 45 3.0 $ 135 8 64 $ 8,640
Senior Process Engineer* $ 45 3.0 $ 135 4 16 $ 2,160
Professional Engineer* $ 35 3.0 $ 105 4 16 $ 1,680
EIT $ 25 3.0 $ 75 4 32 $ 2,400
Senior CAD/ Designer* $ 30 3.0 $ 90 4 16 $ 1,440
CAD $ 25 3.0 $ 75 0 0 $ -
Admin $ 20 3:0 $ 60 8 64 $ 3,840
Subtotal $ 21,792
*Includes time during the 4 week advertisement period only
Construction Phase (65 weeks)
Approx. Hrs/ Total
Hr. Rate Multiplier Rate Week Hours Cost
Project Director $ 77 2.65 $ 204 1 65 $ 13,263
Project Manager $ 45 3.0 $ 135 8 520 $ 70,200
Senior Process Engineer $ 45 3.0 $ 135 1 65 $ 8,775
Professional Engineer $ 35 3.0 $ 105 1 65 $ 6,825
EIT $ 25 3.0 $ 75 4 260 $ 19,500
Senior CAD/Designer* $ 30 3.0 $ 90 0 40 $ 3,600
CAD $ 25 3.0 $ 75 0 0 $ -
Admin $ 20 3.0 $ 60 4 260 $ 15,600
Subtotal $ 137,763
*Includes one week for"As-Built" Drawings
Total $785,542
Electrical sub-Consultant $ 68,000
10% Mark up on electrical sub $ 6,800
Total fee for Basic Plant.Services $860,342
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
The electrical engineer has offered the following additional services if
requested by the City of Pearland.
A Harmonic study can be preformed if required by the manufacturers of any
sensitive electronic systems that are incorporated into the design, if the use
of VFDs are requested by the City, or the study s requested by the power
company.
The electrical engineer can also coordinate the electrical service for the City
with the local power company. If the City elects not to have the electrical
engineer perform this service, it will be included in the specifications for the
general contractor to coordinate the electrical service with the City.
Harmonics Study $8,800
Electrical Service Coordination $7,200
Sub-total $27,500
The geotechnical investigation and electrical engineering services shall be
sub contracted to a firm acceptable to the City of Pearland. These items will
be invoiced at cost plus 10%.
d. Reimbursable Expenses
Reimbursable expenses shall be billed on an actual cost plus 10% basis.
Mileage expenses shall be based on the standard IRS allowable rate.
30 sets of plans & specs to the City @ $200 +/- each $6,000
10 sets of plans &specs for QA/QC & constructiblity reviews $2,000
2500 miles (design and construction phase) $1,000
Postage & courier $500
Sub-total $9,500
e. Total Fee $982,000
E. SCHEDULE
The proposed schedule is attached and is based on a November 14, 2005 Notice
to Proceed.
Page 4 of 4
2006
ID 0 Task Name Duration Oct Nov I Dec Jan Feb Mar
I Apr I May I Jun
1 ig. Kick Off Meeting 0 days 11/14
2 Design Phase 160 days
3 Confirm SBR Vendor 2 wks
4 Geotechnical Investigation/Report 4 wks J
tea,..1. e_
5 Survey 2 wks °,7
6 Identify requirements for admin.building 2 wks
7 Prepare 30%plans 6 wks °
8 Review Meeting with City 0 days 1/6
9 City Review 2 wks i
10 Prepare 70%plans&preliminary specs 8 wks
11 Review meeting with City 0 days 3/3
12 Cityreview 2 wks .
13 Prepare 90%plans&preliminary specs 8 wks •-
14 Review meeting with City 0 days 4/28
15 City Review 2 wks °
16 Final plans&preliminary specs 6 wks
17 Project approval by City 0 days
18 Bidding/Award 8 wks
.i
19 Construction 65 wks
I
Task Milestone ♦ External Tasks ,
Project:SWEC Schedule
Date:Wed 10/12/05 Split1111111111111111111
Summary WIIM . External Milestone .
Progress IIIMI Project Summary '`-" °° °°°°'.t Deadline ' j
Page 1
2007
Jul I Aug j Sep I Oct I Nov I Dec Jan I Feb I Mar I Apr I May I Jun I Jul I Aug I Sep I Oct
31/23
Task ,_ ___ _, . q _._A Milestone ♦ External Tasks St 40 'i"?
Project:SWEC Schedule Split Summary Illp .1 External Milestone ♦
Date:Wed 10/12/05 ,,""""""""'
Progress IIIIIM Project Summary IIPPIIIIMMIP Deadline V
Page 2
{
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter"City"), and Carter & Burgess (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: Provide design and construction phase engineering services for
the Southwest Environmental Center Wastewater Treatment Plant.
Engineer/Subconsultant(s) Fee Basis of Compensation
Carter & Burgess $982,000.00 Lump Sum
Maximum Contract Amount $982,000.00 Lump Sum
*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, specifications and estimates: See schedule
Attachments: Scope of Services — Exhibit A
Scope of Services — Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the, project. If the actual low 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.
2
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 half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Engineer has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
3
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) 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
(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
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.
5
I '
EXECUTED and EFFECTIVE as of the day of , 20
CITY OF PEARLAND ENGINEER
By: By:
Printed Name: Printed Name:
Title: Title:
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:
6
•
55 Waugh Drive,Suite 800
_Carter Burgess Houston,Toros77007-5833
Phone:713.8159.7900
For.: 71.3.869.5502
www.c•b.corn
October 12,2005
Mr.Joe Wertz
Project Director
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
Dear Mr.Wertz:
Carter&Burgess, Inc.is pleased to submit the requested proposal for Southwest Environmental Center
Wastewater Treatment Plant design and construction phase engineering services. This proposal follows the
recommendations presented in the preliminary engineer report for the SWEC WWTP.The overall fee,
including additional services is approximately 8%of the total construction cost.
Should you have any questions,please feel free to contact me at(713)803-2114 or bameswl@c-b.com.
Sincerely,
CARTER&BURGESS, INC.
•
Wendell L. Barnes, P.E.
Vice President
WBB/adw
H:\BARNES\wbb-186.dcc
cc: EDMS
•
Carter&Burgess,Inc. Carter&Burgess Architects/Engineers,inc. Carter&Burgess Consultants,inc.
C&8 Architects/Engineers,inc. C&B Architecs/Engineers,P,C. C&B Nevada,inc.
Contract for Design and Construction Phase Engineering Services
• For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
A. DEFINITION OF PROJECT
The City of Pearland (City or Client) has requested that Carter& Burgess, Inc.
(Engineer) provide a contract for engineering services associated with the
expansion of the Southwest Environmental Center (SWEC) wastewater
treatment plant (WWTP). The design of the expansion is to be in accordance
with the Preliminary Engineering Report for Southwest Environmental Center
(SWEC) Wastewater Treatment Plant Expansion and Proposed Ultraviolet
Disinfection Systems for Longwood and Barry Rose Wastewater Treatment
Plants, dated June 2005 and prepared by Carter& Burgess, Inc. The design is
to incorporate the recommendations made in the report in regards to the SWEC
plant. At this time no improvements are proposed for the Longwood or Barry
Rose WWTPs that were included as part of the report.
B. SCOPE OF SERVICES
a. Design Phase •
In general the design of the plant expansion shall include the design of the
infrastructure, piping, electrical system and major plant components to
increase the capacity of the facility from 2.0 million gallons per day (MGD)
average daily flow (ADF) to a capacity of 6:0 MGD ADF. The proposed
design will only include the equipment installation to increase the capacity of
the facility from 2.0 MGD to 4.0 MGD. This is being done for the following
reasons:
• It is estimated that the full 6.0 MGD expansion will exceed the City's
proposed Capital Improvement Plan budget for the project.
• If growth occurs as projected, the City will need to start planning for an
expansion from 4.0 MGD to 6.0 MGD within two years of the completion
of construction on this project.
• By constructing all of the major plant components at one time the City can
recognize an economy of scale on the major structures.
• The future equipment installation can occur with minimal disturbance to
the plant.
• Equipment that is not needed immediately is not installed and sitting
unused.
The major components of the design shall include the following:
• Survey of the existing site to verify elevations of structures and locations
of existing improvements
• Geotechnical report to include recommendations for the design of the
new structures
• New plant lift station and modifications to the piping from the existing and
proposed lift station to the headworks
• New headworks with fine screening equipment
• Abandonment of the existing headworks
• Four (4) new SBR basins
• Modifications to the existing SBR basins to handle a 4Q peaking factor.
• Cloth disk media filter system
Page 1 of 4
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
• Abandonment of the existing filter system
• Upgrade of the existing UV system including cover and crane
• Two (2) new aerobic digesters and associated equipment
• New centrifuge in the existing building and modifications to the sludge
handling /dumpster access area
• New blower building that can accommodate the proposed and future
blowers
• New MCC building to accommodate proposed and future MCC units
• Evaluation of the existing generator and recommendations for additional
standby power (if required)
• Site access, drainage, and parking modifications
• The coordination of the SBR system and on-site lift station with the City's
SCADA system. The coordination of other plant components with the
SCADA system is not included.
The City has also requested the design of additional items not directly
associated with the capacity expansion to the treatment plant. These include:
• New administration building with the following items:
o 6to8offices
o Administrative assistant area
o Male &female locker rooms /restrooms with changing facility and
showers for 15-20 male and 5-10 female employees.
o Storage room
o Conference room to accommodate approximately 15 people
o Break Room/ Kitchen area to accommodate approximately 15 people
o Approximate 20' by 20'garage/ maintenance area
• Architectural enclosure for the elevated headworks
• Brick fence and landscaping
b. BIDDING/CONSTRUCTION PHASE
The bidding and construction phase services shall include the following items:
• Reproduction and distribution of plans and specifications to contractors
• Conduct one pre-bid meeting at either Carter& Burgess offices or at a
location within the City of Pearland
• Issue addendums as required based on interpretations of the plans and
specifications.
• Attend one bid opening to be conducted at City Hall
• Review of bids submitted, creation of a bid tabulation and Engineer's
recommendation for award.
• Review of shop drawings, submittals & RFIs.
• Review of proposed change orders requested by either the City or the
Contractor. (Note: The negotiation of change order amount and the
preparation of change orders shall be completed by the City's
Construction Manager)
• Periodic site visits by the Engineer to attend progress meetings
approximately every other week
• Review of laboratory testing reports
• Substantial completion inspection
• Final completion inspection
Page 2 of 4
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
• Issue certificate of final completion
Any item not specifically listed above shall be considered an additional
service.
C. DELIVERABLES
The Engineer shall prepare review submittals and conduct plan review meetings
at the City of Pearland for the 30%, 70% and 90% designs. For each submittal
the Engineer shall provide the City with up to five (5) full size sets of plans and
specifications (if applicable.)
At the completion of design the Engineer shall provide up to 15 sets of plans and
specifications to the City for distribution.
D. BASIS OF COMPENSATION
a. Basic Plant Services
The basic engineering design and construction administration fee is based on
a percentage of the estimated construction cost equal to 7.5%. This fee can
be adjusted up if additional scope of work is added to the project or down if
items are removed from the scope of services prior to the design work being
completed on those individual items. A level of effort estimate for r this task is
attached.
The estimated construction cost for the wastewater treatment plant items is
$11.450 Million.
Basic Plant Design & CA Fee: $860,000
b. Administration Building, Headworks Enclosure & Brick Fence
The engineering design and construction administration fee for the these
items is based on a percentage of the construction cost equal to 10%. This
fee can be adjusted up if additional scope of work is added to the project or
down if items are removed from the scope of services prior to the design work
being completed on those individual items.
The estimated construction cost for the requested additional items is
$850,000.
Design & CA Fee for Additional Items: $85,000
c. Additional Services
The design fee for the site survey and geotechnical investigations and reports
shall be on a cost plus basis or time and materials basis. The survey shall be
invoiced at the hourly rate times a 3.0 multiplier and the geotechncial
investigation shall be invoiced at cost plus 10%.
Survey $5,000
Geotechncial $6,500
Page 3 of 4
Contract for Design and Construction Phase Services
for the
Southwest Environmental Center Wastewater Treatment Plant Expansion
Level of Effort Estimate for Basic Plant Design Services
Design Phase (30 weeks)
Approx. Hrs/ Total
Hr. Rate Multiplier Rate Week Hours Cost
Project Director $ 77 2.65 $ 204 4 120 $ 24,486
Project Manager $ 45 3.0 $ 135 20 600 $ 81,000
Senior Process Engineer $ 45 3.0 $ 135 20 600 $ 81,000
Professional Engineer $ 35 3.0 $ 105 40 1200 $126,000
EIT $ 25 3.0 $ 75 60 1800 $135,000
Senior CAD/ Designer $ 30 3.0 $ 90 40 1200 $108,000
CAD $ 25 3.0 $ 75 20 600 $ 45,000
Admin* $ 20 3.0 $ 60 4 200 $ 12,000
Construction Manager** $ 45 3.0 $ 135 0 100 $ 13,500
Subtotal $625,986
*Includes hours per week plus 2 weeks for writing spec book.
**Includes time for QA/QC and constructability reviews.
Bidding /Award (8 weeks)
Approx. Hrs/ Total
Hr. Rate Multiplier Rate Week Hours Cost
Project Director $ 77 2.65 $ 204 1 8 $ 1,632
Project Manager $ 45 3.0 $ 135 8 64 $ 8,640
Senior Process Engineer* $ 45 3.0 $ 135 4 16 $ 2,160
Professional Engineer* $ 35 3.0 $ .105 4 16 $ 1,680
EIT $ 25 3.0 $ 75 4 32 $ 2,400
Senior CAD/Designer* $ 30 3.0 $ 90 4 16 $ 1,440
CAD $ 25 3.0 $ 75 0 0 $ -
Admin $ 20 3.0 $ 60 8 64 $ 3,840
Subtotal $ 21,792
*Includes time during the 4 week advertisement period only
Construction Phase (65 weeks)
Approx. Hrs/ Total
Hr. Rate Multiplier Rate Week Hours Cost
Project Director $ 77 2.65 $ 204 1 65 $ 13,263
Project Manager $ 45 3.0 $ 135 8 520 $ 70,200
Senior Process Engineer $ 45 3.0 $ 135 1 65 $ 8,775
Professional Engineer $ 35 3.0 $ 105 1 65 $ 6,825
EIT $ 25 3.0 $ 75 4 260 $ 19,500
Senior CAD /Designer* $ 30. 3.0 $ 90 0 40 $ 3,600
CAD $ 25 3.0 $ 75 0 0 $ -
Admin $ 20 3.0 $ 60 4 260 $ 15,600
Subtotal $137,763
*Includes one week for"As-Built" Drawings
Total $785,542
Electrical sub-Consultant $ 68,000
10% Mark up on electrical sub $ 6,800
Total fee for Basic Plant Services $860,342
Contract for Design and Construction Phase Engineering Services
For the
Southwest Environmental Center Wastewater Treatment Plant Expansion
The electrical engineer has offered the following additional services if
requested by the City of Pearland.
A Harmonic study can be preformed if required by the manufacturers of any
sensitive electronic systems that are incorporated into the design, if the use
of VFDs are requested by the City, or the study s requested by the power
company.
The electrical engineer can also coordinate the electrical service for the City
with the local power company. If the City elects not to have the electrical
engineer perform this service, it will be included in the specifications for the
general contractor to coordinate the electrical service with the City.
Harmonics Study $8,800
Electrical Service Coordination $7,200
Sub-total $27,500
The geotechnical investigation and electrical engineering services shall be
sub contracted to a firm acceptable to the City of Pearland. These items will
be invoiced at cost plus 10%.
d. Reimbursable Expenses
Reimbursable expenses shall be billed on an actual cost plus 10% basis.
Mileage expenses shall be based on the standard IRS allowable rate.
30 sets of plans &specs to the City @ $200 +/- each $6,000
10 sets of plans &specs for QA/QC & constructiblity reviews $2,000
2500 miles (design and construction phase) $1,000
Postage & courier $500
Sub-total $9,500
e. Total Fee $982,000
E. SCHEDULE
The proposed schedule is attached and is based on a November 14, 2005 Notice
to Proceed.
Page 4 of 4
2006
ID 0 Task Name Duration Oct I Nov Dec Jan I Feb I Mar Apr I May I Jun _
1 n Kick Off Meeting 0 days 11/14
2 Design Phase 160 days
3 Confirm SBR Vendor 2 wks '
4 Geotechnical Investigation/Report 4 wks
5 Survey 2 wks Al
6 Identify requirements for admin.building 2 wks 1
7 Prepare 30%plans 6 wks '
8 Review Meeting with City 0 days 1/6
9 City Review 2 wks
10 Prepare 70%plans&preliminary specs 8 wks
11 Review meeting with City 0 days 3/3
12 Cityreview 2 wks
13 Prepare 90%plans&preliminary specs 8 wks
14 Review meeting with City 0 days 4/28
15 City Review 2 wks
16 Final plans&preliminary specs 6 wks
17 Project approval by City 0 days 4.
18 Bidding/Award 8 wks
19 Construction 65 wks
Task I.. Milestone ♦ External Tasks "'
Project:SWEC Schedule Split Summary I. . External Milestone 4.
Date:Wed 10/12/05 I I I I I I I I I I I I I I I I I II
Progress NIMMIIIMI Project Summary Deadline
Page 1
2007
Jul 1 Aug 1 Sep 1 Oct 1 Nov 1 Dec Jan 1 Feb 1 Mar 1 Apr 1 May 1 Jun 1 Jul Aug 1 Sep 1 Oct
•
31/23 •
"?r r pe
• Task Milestone ♦ External Tasks avetaiaiti
Project:SWEC Schedule Split Summary 11111M1. External Milestone St-
Date:Wed 10/12/05 """""""""'
Progress Project Summary Deadline
Page 2