R2002-0074 05-13-02RESOLUTION NO. R2002-74
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 KLOTZ ASSOCIATES, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE RENEWAL OF THE
DISCHARGE PERMIT FOR THE BARRY ROSE WASTEWATER
TREATMENT FACILITY.
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, 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 renewal of the Discharge Permit for the Barry Rose Waste
Water Treatment Facility.
PASSED, APPROVED and ADOPTED this the
A.D., 2002.
:].3 day of May
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-74
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and /~M--z- ~c_ss~ c;~.'~_~ ~'~c.(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:
Engineer/Subconsultant(s) Fee Basis of Compensation
Maximum Contract Amount
* 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:
Attachments: Scope of Services - Exhibit
- '
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 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 (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.~rm will begin upon execution and end sixty
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
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
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 Governinq 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.
EXECUTED and EFFECTIVE as of the 13 day of Ma.y ,2002
CITY OF PEARLAND
Bill Eisen
City Manager
~(lot~. A,~.~nelnt¢% f9¢,_ , Engineer
Printed N~m.' .~,~2'j:). ~fayn~./~tz, P.E.
Title: P~e~dent ~
STATE OF TEXAS §
COUNTY OF ~'~/',,¢. ~>,-,',~_. §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
"~//.2 ~,~c.~., 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
Of ~'/¢'~,¢.~y , A.D., 20 ¢22., .
STATE OF TE~S {
COUN~ OF HARRIS ~
SEAL OF OFFICE THIS /~' DAY
STATE OF TEXAS
Printed Name:
My Commission Expires:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
D. Wayne Klotz, P.E. , 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 23rd DA"( OF
May , A.D., 20 02
NO'T~R-Y POBLI(~ IR ANI~ ~=O~t THE
STATE OF TEXAS
Printed Name: Diana Mitchell
My Commission Expires:__
KLQTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
APR
City, of ~e~rlend
Service Center
1160 Dairy Ashford
Suite 500
Houston, Texas 77079
(281) 589-7257
(281) 589-7309 Fax
email@klotz.com
April 12, 2002
Mr. Jerry Bums
Director of Public Works
City of Pearland
3501 East Orange Street
Pearland, Texas 77581
Re:
Discharge Permit Renewal and
Reclaimed Water Authorization
Barry Rose Wastewater Treatment Plant
Dear Mr. Hargrove:
Thank you for the opportunity to assist the City with renewal of the discharge permit and the
reclaimed water authorization for the Barry Rose Wastewater Treatment Plant (WWTP).
Our engineering services proposal is presented below.
UNDERSTANDING OF PROJECT
The Barry Rose WWTP has a treatment capacity of 3.10 million gallons per day (mgd) and is
operating under TPDES Permit No. 10134-002 which was issued February 12, 2001. This
permit expires in 2003. Therefore, the renewal process will be started at this time since it
typically takes at least 9 months for TRNCC to process a permit application.
The Barry Rose WWTP is authorized to discharge treated effluent to Clear Creek and is
operating under the following permit limitations:
Biochemical Oxygen Demand (CBODs)
Total Suspended Solids (TSS)
Ammonia Nitrogen
5 mg/L, Daily Average
12 mg/L, Daily Average
2 mg/L, Daily Average
A reclaimed water authorization is needed to reuse effluent from the Barry Rose WWTP for
irrigation of nursery stock by the City's Parks and Recreation Department at the WWTP site.
Therefore, a request for the reclaimed water authorization will be handled with the permit
renewal.
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
Mr. Jerry Burns
April 12, 2002
Page 2 of 4
The Texas Natural Resource Conservation Commission (TNRCC) regulates the use of
wastewater effluent for purposes such as irrigation under 30 TAC § 210 rules. For the City's
own reclaimed water use, it is necessary to demonstrate that this use will comply with all the
applicable regulations. The rules also require that the City submit for approval a reclaimed
water plan.
Technical and administrative documentation must be provided to TNRCC with the permit
application to demonstrate compliance with applicable requirements. The documentation
includes:
· Complete description of the proposed reclaimed water system and intended use;
· Documentation of means to ensure compliance;
· An operation and maintenance plan that addresses specific health and safety
issues.
We expect that reclaimed water will be pumped from the treatment plant directly to the point
of use.
SCOPE OF ENGINEERING SERVICES
Klotz Associates will provide the following services:
Task 1 - TPDES Permit Renewal
Klotz Associates will prepare the permit renewal application and the technical report required
for the TPDES discharge permit. Specific activities required to accomplish this include:
Collect and process information required for permit application. The City of Pearlan.d
will furnish historical plant operating data and wastewater analytical results. Therefore,
the cost of obtaining that information is not included in our proposed fee.
Incorporate the proposed system design for the reclaimed water system as required fi)r
the permit application. If the City decides to modify the proposed system after the
TPDES permit is issued, only a minor permit amendment would be required.
· Complete the permit application form and submit it to the City for signature. The City
will pay the application fee and will attach a check for that when signing the application.
· Prepare the technical report and associated attachments.
Prepare other required supporting documents.
KLQTZ
ASSOCIATES,
CONSULTING
ENGINEERS
Mr. Jerry Bums
April 12, 2002
Page 3 of 4
Review the draft permit after it is prepared by the TNRCC and review comments with the
City staff.
We have not included a fee for participation in a public hearing since there may not be such a
hearing.
Task 2 - Develop Reclaimed Water Plan and Request for Authorization
Klotz Associates will confer with City staff to obtain information about the proposed use of
reclaimed water. We will need to know daily quantity and flow rate, pipeline routing, and
control concepts.
We will prepare a plan for the reclaimed water delivery system. That plan will describe all
major components such as the pumps, a control system, and the delivery pipeline.
We will prepare the Section 210 authorization request and following support documents that
are required:
1. Detailed System Description
2. Compliance Plan
3. Method of Ensuring Compliance
4. Operation and Maintenance Plan
The proposed services do not include detailed engineering design or construction-related
services.
SCHEDULE
We propose to initiate work on this project upon the City's authorization and have all
permitting documents prepared for the City's review within 12 weeks after authorization.
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
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
Mr. Jerry Bums
April 12, 2002
Page 4 of 4
for Engineering Services. A marked up copy of that Agreement is attached. This letter will
serve as Exhibit A to the Agreement.
FEE
Our fees are summarized below. These fees do not include permit application fees that have
to be paid to the TNRCC.
Activity Description Fee
Task 1 - TPDES Permit Renewal/Amendment Application $19,500
Task 2 - Reclaimed Water Plan & Authorization Application $10,200
Total $29,700
A breakdown of these fees is included as Attachments A, B, and C.
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, City of Pearland, Deputy City Manager