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R2000-043 03-27-00RESOLUTION NO. R2000-43 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 EVALUATION OF THE CITY'S WASTEWATER COLLECTION SYSTEM. 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. Thatthe City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Carter & Burgess, Inc. for evaluation of the City's wastewater collection system. PASSED, APPROVED and March , A.D. 2000. ADOPTED this the 27th day of TOM REID MAYOR DARRIN M. COKER CITY ATTORNEY CZ Carter Burgess Consultants in Planning, Engineering, Architecture, Construction Management, and Related Services March 23, 2000 Mr. Michael Ross Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 -5416 Reference: I/1 Proposal Dear Mr. Ross: Exhibit "A" Resolution No. R2000 -43 As requested, Carter Burgess, Inc. is pleased to provide a proposal to accornplish collection system evaluation for high priority areas within the City of Pearland. This evaluation will include flow analysis and system inspection consisting of cleaning and TV of sewer lines and manhole inspections. The purpose of this evaluation is to determine the most appropriate methods of construction to be used for repairing the existing system. With the high priority areas of the collection system consisting of over 250,000 linear feet of sewer lines, the evaluation will be accomplished by neighborhood units in order of priority. Based on funds available, we will provide full services for the cities top two priority neighborhoods: Longwood and Sleepy Hollow. We collect survey data and will develop cost estimates for the entire identified system. These estimates will come from historical data and will be updated and extrapolated based the conditions encountered from the neighborhoods evaluated. We will use these estimates to determine the most cost effective combination of evaluation, design and construction for the current funding available through the TWDB. This information should also provide the City of Pearland with a good working estimate to program funds past the existing TWDB funding. The evaluation report will identify the slopes, flow lines, joint conditions, leaks, structural conditions, etc. of the lines evaluated. From this information the most appropriate construction method will be identified and quantities can be determined. If quantities evaluated allow for efficient construction contract packaging, each neighborhood can have a separate construction contract. This may allow for the most expeditious means of solving the current problems and allow for shorter contract durations. If multiple rehabilitation methods are recommended within several areas then another option would be to develop construction contracts for each rehabilitation method within multiple neighborhoods to attempt to lower costs, increase bidders and reduce time of completion. The evaluation will determine the most cost effective and least disruptive method for your system and recommendations will be made accordingly. Carter Burgess, Inc. Suite 300 55 Waugh Drive Houston, Texas 77007 -5833 Mailing address: PO Box 131487 Houston, Texas 77219 -1487 (713) 869 -7900 Fax (713) 869 -5502 Mr. Michael Ross March 23, 2000 Page 2 To accomplish this evaluation Carter Burgess, Inc, will subcontract with separate survey, TV and cleaning and evaluation firms from the City's provided list of approved contractors. The basis of compensation and rate schedule for the project are attached. We have also attached a list of deliverables and information which will be required from the City. If this is acceptable please indicate by signing below. If you have any questions please let me know. Sincerely, CARTE BURGESS, INC Wendell L. Barnes, P.E. Vice President WLB /glj G:\1999-\99-3064.010\publ\doc\I-Iproposal.wpd Carter.=Burgess CONTRACT TO ACCOMPLISH I/I COLLECTION SYSTEM EVALUATION FOR HIGH PRIORITY AREAS WITHIN THE CITY OF PEARLAND THIS IS AN AGREEMENT made 2000, between the City of Pearland "the Client and Carter Burgess, Inc. (the Engineer). The Client intends to engage the Engineer to accomplish 1/1 collection system evaluation for high priority areas within the City of Pearland. The Client and the Engineer, in consideration of their mutual covenants, agree concerning the performance of professional Engineering services by the Engineer and the payment for those services by the Client, as set forth herein. The Engineer shall provide professional Engineering services for the Client in all phases of the Project to which this Agreement applies, shall serve as the Client's professional Engineering representative for the Project as set forth herein, and shall give professional Engineering consultation and advice to the Client during the performance of services hereunder. AGREEMENT For, and in consideration of, the mutual promises, covenants, obligations, and benefits of the Agreement, the Client and the Engineer contract and agree as follows: 1. EMPLOYMENT OF ENGINEER The Client agrees to employ the Engineer and the Engineer agrees to perform professional Engineering and related services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Client agrees to pay the Engineer compensation as stated in the attached Exhibit A Engineer's Scope of Services and Compensation. 2. SCOPE OF SERVICES The Engineer's Scope of Services is described in the attached Exhibit A Engineer's Scope of Services and Compensation. 3. AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer, under this Agreement, until he has received written authorization from the Client in which the nature and extent of the assignment, the scope of services, the basis of compensation (including a budget as hereinafter provided), and the time allowed the Engineer for the Performance of the Services are specified. Signing this form shall be construed as authorization by the Client for the Engineer to proceed with the Scope of Work. Page 1 of 9 c: Carter Burgess 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by Client, an additional amount shall be added to the cost of these services for Engineer's administrative costs, as provided hereinafter. 5. PROFESSIONAL STANDARDS The Engineer agrees to carry out and perform the services herein agreed to in a professional and competent manner. The Client agrees that the Engineer shall not be liable for error, omission, or breach of warranty (either expressed or implied) in his design work, preparation of surveys, plans and specifications, designation and selection of materials and equipment for the Project, or inspection of the construction work except to the extent that he fails to exercise the usual degree of care and judgement of a reasonably prudent engineer in the same or similar circumstances and conditions. Except to the extent expressly provided above, the Engineer does not underwrite, guarantee or insure any construction work done by any contractors, nor shall the Engineer be responsible or liable for any contractor's failure to do such work or for the safety precautions taken by any contractor incidental to construction work. It is further agreed that no contractor shall ever be relieved of liability for any defect or deficiency in his construction work due to any act or omission of the Engineer. Engineer shall be responsible, to the level of competency presently maintained by other practicing professional Engineers in the same type of work in Client's community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Agreement. Engineer makes no other warranty, expressed or implied. 6. TERMINATION Either Client or Engineer may terminate this Agreement by giving 30 days written notice to the other party. In such event, Client shall forthwith pay Engineer in full for all work previously authorized and performed prior to effective date of termination. If no Notice of Termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 7. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Agreement, or the breach thereof, may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either Client or Engineer may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Agreement may include, by consolidation, joinder, or in any other manner, any additional party not a party to this Agreement. Page 2of9 CZ Carter Burgess 8. LEGAL EXPENSES In the event legal action is brought by Client or Engineer as against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses as may be set by the court. 9. PAYMENT TO ENGINEER Monthly invoices will be issued by Engineer for all work performed under the terms of this Agreement. Invoices are due and payable on receipt. Interest at the rate of 8% per annum will be charged on all past -due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. 10. LIMITATION OF LIABILITY Engineer's liability to the Client for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this Agreement. 11. ADDITIONAL SERVICES Services in addition to those specified in the Scope will be provided by Engineer if authorized in writing by Client. Additional services will be paid for by Client, as negotiated. 12. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is NOT included in the proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. In case any one or more of the provisions contained in this agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. Page 3 of 9 CZ Carter .2 Burgess CONTRACT TO ACCOMPLISH I/I COLLECTION SYSTEM EVALUATION FOR HIGH PRIORITY AREAS WITHIN THE CITY OF PEARLAND Exhibit A Engineer's Scope of Services and Compensation A. DEFINITION OF PROJECT The role of the Engineer is to provide the Engineering services necessary to assist the client with the evaluation of the Sleepy Hollow and Longwood Subdivisions in regards to existing inflow and infiltration problems associated with the areas, develop plans and specification for the correction of the 1/1 problems within these areas, preform bidding and construction administration services for these projects, develop an 1/1 plan for the remaining high priority areas within the City, and assist the City in coordination with the TWDB for the use of the existing SRF funding. B. SCOPE OF SERVICES Task No. 1- Sub Contract Investigation Carter Burgess, Inc. will sub contract with City of Pearland authorized cleaning TV firms, inspection firms, and surveying firms to collect information on the existing system. Complete cleaning, TV, inspection and surveying services will be conducted within the Longwood and Sleepy Hollow subdivisions. Surveying services will be provided on the remaining high priority areas, which have not been previously surveyed by the City's ongoing GIS program. This surveying will include the locating and numbering of sanitary sewer manholes, obtaining the invert elevations and size of underground lines and establishing vertical and horizontal GPS positions on the existing sanitary manholes. The areas to be surveyed as part of this project include the following: Longwood Sleepy Hollow Westminister and Sherwood Place Subdivision Corrigan Addition is' 2n and 3r Streets. Task No. 2 Carter Burgess Investigation and Report Carter Burgess, Inc. will compile and review all of the information provided by the sub consultants on the project. We will review work and repair records, and survey information provided by the City on all other areas previously identified as high priority. These areas include: Old Town Site Sherwood Westminister Linwood Regency Park Corrigan Addition Twin Woods Clear Creek This information will be compiled into a report which will include detailed design and construction recommendations for Longwood and Sleepy Hollow. The report will also include general recommendations for developing an 1/1 program for the City to implement on the remaining high priority areas. Page 4 of 9 CMG Carter ..Burgess Task No. 3 Construction Documents, Bidding and Construction Services Carter Burgess will prepare two sets of construction documents for the proposed I/1 improvements in the Longwood and Sleepy Hollow subdivisions. Contract documents will be based on neighborhood unit or construction method, depending on which is the most advantageous to the City. Bidding and construction administration services will consist of the following for each set of construction documents: C. DELIVERABLES (1) pre -bid meeting (1) pre- construction meeting Review and submit change orders to the City for approval Review contractor shop drawing submittals requested in the contract documents Review and submit monthly and final pay estimates to the City Conduct a final inspection in the company of the City for general conformance with the construction documents. Issue substantial and final certificates of completion on the projects From Carter Burgess to City of Pearland Survey Data. TV Tape. Utility system evaluation reports by neighborhood. Construction contract documents by neighborhood or rehabilitation method. (2 sets total) From City of Pearland to Carter Burgess Public Works records on overflows, customer complaints, flow meter data and other operational data. Original or as -built sanitary sewer system drawings with man hole numbers. Field survey data on the existing sanitary sewer system. (If available) Page 5 of 9 fl Caner Burgess D. BASIS OF COMPENSATION Task No. 1- Sub Contract Investigation The investigation services will be accomplished by sub contract with City approved firms. Carter Burgess will invoice this work directly to the City with.a 0% mark up. The following are estimated amounts based on the attached rate schedule. TV, Manhole Inspection and Evaluation $170,000 Field Survey of Sanitary Sewer Flow Lines Longwood Subdivision Sleepy Hollow Subdivision Westminister and Sherwood Place Subdivision Corrigan Addition 1st, 2" and 3rd Streets Subtotal Contingency (15 Task No. 2 Carter Burgess Investigation and Report The Carter Burgess investigation and report will be done on a Time Materials basis using the attached rate schedule. Subtotal $47,750 Contingency (15 $7,150 Task No. 3 Construction Documents, Bidding and Construction Services The construction documents, bidding and construction administration services will be done on a Time Materials basis using the attached rate schedule. Review Public Works Records 8,700 Manage Review Survey, TV, and Inspection $26,000 Produce Evaluation Report $13,050 Subtotal Contingency (15 Produce 2 sets of Contract Documents $17,400 Bidding C /A* $11,400 Total Contract Amount $337,700 *City to provide inspection of construction activities. *Reproductions, delivery service, abstracting and other associated costs invoiced by C.L. Davis will be considered additional services and invoiced at cost. Page 6of9 9,800 $13,900 4,800 $16,400 2,800 $217,700 32,000 $28,800 4,300 CI Carter Burgess E. RATE SCHEDULE Carter Burgess: Position Project Director Project Manager Project Engineer Project Designer Environmental Scientist Technician /CADD Drafter Engineering Aide /Clerical Hourly Rate $120.00 $100.00 85.00 75.00 75.00 60.00 40.00 TV Cleaning and Evaluation Sub Contracts (please see attached list of assumptions) Pipe Size Description Unit Price 6" to 10" Clean and TV $2.10 L.F. 12" Clean and TV $2.30 L.F. 15" Clean and TV $2.75 L.F. 18" Clean and TV $3.50 L.F. 21" Clean and TV $3.75 L.F. 24" to 27" Clean and TV $4.00 L.F. Rehabilitation Recommendation Report $0.20 L.F. Man Hole Inspection $55.00 each C.L. Davis Company Position Hourly Rate Principal $95.00 R.P.L.S. $75.00 Field Crew $90.00 Total Station $30.00 CADD $65.00 Clerical $40.00 Page 7 of 9 C2 Carter Burgess F. ASSUMPTIONS FOR DEVELOPING COSTS FOR CLEANING AND TV INSPECTION OF SANITARY SEWER. If the following items are encountered they will be considered an additional service. 1. If uniform police officers are required for traffic control, the cost will be $25.00 each per hour. 2. In the event our camera or cleaning equipment becomes lodged in the line, removal of this equipment will be the responsibility of others unless the incident is due to the negligence of the contractor. 3. Line cleaning to facilitate TV inspection only. Some debris may remain in the lines. 4. Some roots, grease and other foreign materials cannot be cleaned or removed by hydraulic jet pressure cleaning and will require mechanical cleaning and is not included in our unit prices. 5. If the lines cannot be cleaned due to obstructions, we would mark the obstruction as close as possible with no additional cost to the engineer. The obstruction removal would be the responsibility of others. 6. If manholes cannot be located by probing and /or detected by using a metal detector, locating of manholes and accessibility for entry will be the responsibility of others. 7. Manholes that are located a maximum of 1 ft. below soft ground, we will dig up for entry with no additional cost to the engineer. 8. Manholes that are deeper than 1 ft. or under any hard surface or obstruction, we will notify the engineer with no additional cost and move to the next section, exposing the manhole for entry would be the responsibility of others. Page 8 of 9 Ci Carter Burgess G. SIGNATURES ACCEPTED: CARTER BURGESS, INC. CITY OF PEARLAND Vice President City anager ACCEPTED: 2/8/ /a ka Date Date G: \1999 \99. 3064.010 \publ \doc \I -I proposal.wpd Page 9 of 9 CZ Carter Burgess