R2009-146 - 2009-08-31RESOLUTION NO. R2009-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE LONGWOOD WASTEWATER TREATMENT
PLANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the
Longwood Wastewater Treatment Plant, 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 for engineering services associated with the
Longwood Wastewater Treatment Plant.
PASSED, APPROVED and ADOPTED this the 31St da ugust, A.D., 2009.
TOM REID
MAYOR
ATTEST:
o,.
YO G LO R =~-
CI EC ARY ``~~`
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-146
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on August 31 2009 by and between the City of
Pearland ("CITY") and Malcolm Pirnie, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Longwood WWTP Lift Station Replacement and Plant Rehabilitation (Project
#WW0902)
SECTION I -SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall prepare a Preliminary Engineering Report (PER)
documenting the basis of design of plant improvements recommended in the PER.
See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT
schedule. The PROJECT schedule shall be submitted in digital and hard copy
form in the Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
Design 1 of 5 14. Revised 7/25/08
F. The CONSULTANT 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
CONSULTANT, 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.
The CONSULTANT 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, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT 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 CONSULTANT 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 CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the project, but
not to exceed 30 months.
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is Lump Sum. Total compensation
for the services performed shall be the sum of $66,647.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
Prior to approval of the preliminary design (PER), payments to the
CONSULTANT shall not exceed 90% of the total CONTRACT amount.
2. Subsequent to approval of the final PER, payments to the
CONSULTANTS shall not exceed 100% of the total CONTRACT
amount. The final approval and payment will be made within a reasonable
period of time regardless of the project construction schedule.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV -THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
SECTION V -TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 1700 West Loop South, Suite 1450 Houston,
TX 77027. Immediately after receiving such written notice, the CONSULTANT
shall discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI -ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
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.
SECTION VII -COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 31st day of August , 2009.
CIT OF ARLAND, TEXAS
Bill Eisen, City Manager
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`"'~~~~' SUL A
EXHIBIT A
UTILITIES SCOPE OF SERVICES
FOR
Longwood WWTP Lift Station Replacement and Plant Rehabilitation
Project #WW0902
INDEPENDENT ENVIRONMENTAL
ENGINEERS. SCIENTISTS
AND CONSUlTAN75
Malcolm Pirnie, Inc.
12400 Colt Road, Suite 1200
Dallas, TX 75251
T:972.934.37tt f:972.934.36b2
www.pirnie.com
August 25, Zoos
Mr. Paul Wallick, P.E., Senior Project Manager
Pate Engineers
13333 Northwest Freeway, Suite 300
Houston TX 77040
Re: Proposal for City of Pearland Longwood WWTP
Dear Mr. Wallick:
Malcolm Pirnie is pleased to submit this proposal to provide engineering services far the Lift
Station Replacement and Plant Rehabilitation Project foz the Longwood WWTP. This proposal
includes the scope of work to be performed by Malcolm Pirnie in Exhibit A, a breakdown of our
fee in Exhibit B, our rate schedule, and the proposal from our structural subconsultant, Stanley
Engineers.
Please call me at 713-960-7428 if you have any questions.
Very truly yours,
MALCOLM PIRNIE, INC.
,{ ~~~~~ .
Gary . Rabalais, P.E.
Senior Associate
Cc:
Teresa Battenfield (City of Pearland)
GPR
Enclosures
6610-001
Solutions for Life'" +~,?
CITY OF PEARLAND
LONGWOOD WASTEWATER TREATMENT PLANT
LIFT STATION REPLACEMENT AND PLANT REHABILITATION PROJECT
EXHIBIT A
SCOPE OF SERVICES BY MALCOLM PIRNIE
BACKGROUND
This document describes the scope of services to be provided by Malcolm Pirnie for the
engineering evaluation and preliminary design of improvements to the City of Pearland
(City) Longwood Wastewater Treatment Plant (WWTP). The goal of this project is to
prepare a preliminary engineering report (PER) that documents the basis of design and
provides an engineer's estimate of probable construction costs for the following facilities.
• Influent lift station
• Tertiary filters
• Centrifuge
• Secondary clarifier mechanism
• Aeration basin diffuser system
• Digester
Malcolm Pirnie's effort is based on the permitted 2-hour peak plant flow of 10.0 MGD.
SERVICES TO BE PROVIDED BY MALCOLM PIRNIE
To address the goals of this project, Malcolm Pirnie will provide professional engineering
services as detailed in the following tasks.
Preliminary Design Phase Services
Task 1 -Data Collection and Review
Malcolm Pirnie will develop a list of data needs describing items to be provided by the
City. Upon receipt, Malcolm Pirnie will review plant record drawings, previous
engineering studies and reports, historical plant operational and self-reporting data, O&M
manuals, maintenance records, and relative collection system and off-site lift station data.
Malcolm Pirnie will facilitate meetings with operations and maintenance managers and
supervisors to review practices, issues, and historical records.
Malcolm Pirnie will conduct site visits to perform a condition assessment of major
equipment listed above. The City will assist in this assessment by dewatering the lift
station wet well, secondary clarifiers and digester, the extent practical for plant
operations, to allow visual inspection of the tanks and normally submerged equipment.
City of Pearland Longwood WWTP Lift Station Replacement and Plant
Rehabilitation Project
Exhibit A
Scope of Services for Malcolm Pirnie
Malcolm Pirnie will not conduct manned entry inspections of confined spaces.
The physical verification of the location of buried infrastructure is not included as part of
this task, however, recommendations for additional investigations will be provided.
Task 2 -Basis of Design
This task includes the evaluation of existing plant data and current TPDES permit parameters and
requirements to define the design flow rates and wastewater characteristics that will be used as the basis of
design for the PER. Parameters to be considered in the evaluation could include flow rates for average
day, average annual, minimum month, maximum month, maximum day, and peak hour, as well as key
influent organic characteristics such as BOD, TSS, TKN, NH3, and phosphorus. The elements of the basis
of design will consider current TCEQ design criteria and rules.
Task 3 -Condition Assessment of Major Equipment
Malcolm Pirnie will conduct an assessment of the condition of major equipment listed
herein to determine needs for rehabilitation or replacement. The assessment will be
conducted on the following items.
• Influent lift station
~ Traveling bridge filters
• Centrifuge and Digester equipment
• Secondary clarifier mechanisms
• Aeration basin air piping and diffusers, aeration blowers
• Visual inspection of exposed structures housing and supporting major equipment
• Motor control center equipment
• Return activated sludge and waste activated sludge pumps
~ Chlorine contact chamber and bleach storage and feed equipment
The assessment will include a review of operating and maintenance history, current
operating characteristics, definition of issues, and physical condition.
The assessment may be limited by the ability of the Malcolm Pirnie and plant staff to
gain access to view submerged equipment such as diffusers, clarifier rakes, etc.
Task 4 -Coordination with City
Malcolm Pirnie will facilitate a workshop with the City to present the results of the basis
of design and condition assessment. The objective of the workshop will be to present and
gain concurrence on the basis of design, findings and preliminary recommendations.
Malcolm Pirnie will facilitate monthly progress meetings with the City to review
progress, upcoming tasks, issues, data needs, and major decisions.
August 25, 2009 Page 2
City of Pearland Longwood WWTP Lift Station Replacement and Plant
Rehabilitation Project
Exhibit A
Scope of Services for Malcolm Pirnie
Task 5 -Develop Preliminary Design of Improvements
Malcolm Pirnie will prepare a preliminary design of the improvements defined in the preliminary findings
workshop. The preliminary design will be documented in the PER.
The PER will summarize the basis of design, list design criteria, and will include conceptual layouts (one
plan and one major sectional).
The PER will include a section on the suitability of the existing electrical system, and the need for
modifications, if any.
The PER will include recommendations for additional rehabilitation or replacements needs based on the
condition assessment and review of historical equipment operations and maintenance records.
The PER will include an engineer's estimate of probable construction costs. The estimate will conform to
the practices of the Association for the Advancement of Cost Engineering (AACE) for a Level 3 estimate.
The PER will include a_construction sequence plan that will identify major shutdowns
and construction constraints to minimize the impact of construction on plant operations.
Five copies of the draft PER will be submitted to the City.
The City will provide written comments to Malcolm Pirnie. Malcolm Pirnie will address
and / or incorporate City comments as appropriate, and issue five copies of the final PER.
The final PER will be submitted to the TCEQ for review and approval of the
recommended improvements.
SERVICES TO BE PROVIDED BY THE CITY
The City will be responsible for providing and/or facilitating the following items and/or
activities to support Malcolm Pirnie's work on this project, in a timely manner, per the
schedule established at the beginning of the project.
Available as-built drawings of the plant facilities
Available shop drawings, operations and maintenance manuals
Historical data including flow, influent wastewater characteristics, effluent quality,
operational logs, and TCEQ reports
Review of submittals documented with written comments
Access to facilities, including submerged equipment as can be exposed by draining of
structures, to the extent practical to maintain plant operations
Interviews with plant operations and maintenance staff
Plat or boundary survey of site, site topography, as available
Location of underground utilities from drawings only
August 25, 2009 Page 3
City of Pearland Longwood WWTP Lift Station Replacement and Plant
Rehabilitation Project
Exhibit A
Scope of Services for Malcolm Pirnie
Geotechnical investigations conducted on nearby City projects
ADDITIONAL SERVICES
Malcolm Pirnie will provide the following additional services when authorized in writing
by the City. These services will be provided for an additional fee to be agreed upon with
the City before work commences.
1. Survey of the site
2. Location of underground utilities
3. Power supply studies
4. Geotechnical investigations
5. Sample collection and laboratory analysis
6. Permit discussions with TCEQ
7. Hydraulic modeling
8. Treatment process evaluation and modeling
9. Wet weather facilities evaluation and design
COMPENSATION
Preliminary Engineering Phase
The City will compensate Malcolm Pirnie for the services listed herein on lump sum
basis. The compensation for services will not exceed $66,647.00.
SCHEDULE
The schedule for completing the preliminary engineering phase scope of services
described herein is four months. Durations are calendar days after Malcolm Pirnie
receives written notice to proceed from the City.
Data Request 1 day
Data Provided by City 3 days
Preliminary Findings Workshop 25 days
Draft PER 75 days
Final PER 20 days after receipt of written comments on the draft PER
The schedule for completing the detailed design phase scope of services will be
determined after the PER is complete.
August 25, 2009 Page 4
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CITY OF PEARLAND
LONGWOOD WWTP LIFT STATION REPLACEMENT AND PLANT REHABILITATION PROJECT
MALCOLM PIRNIE RATE SCHEdULE FOR 2009
Classification Rate, $/mhr
T1 $ 50.00
T2 $ 65.00
T3 $ 80.00
T4 $ 90.00
T5 $ 88.00
T6 $ 112.00
T7 $ 130.00
T8 $ 155.00
E1 $ 80.00
E2 $ 86.00
E3 $ 115.00
E4 $ 125.00
E5 $ 137.00
E6 $ 152.00
Associate $ 200.00
Senior Associate $ 200.00
Officer $ 200.00
L. ~ \
7~
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ODCs
Mileage 0.~. per mile
Associated Project Costs $4 90 per labor hour
Stanley ~ny~ineerin~q Co., Inc.
June 2s, 200
Mr. Gary Rabalais, P.E.
Malcolm Pirnie, Inc.
1700 Rest Loop South, # 1 DSO
Houston, Texas 77027
Re: City of Pearland
Longwood WWTP Rehabilitation -PER
Dear• Ga,y,
We appreciate the opportunity to offer this proposal to provide Engineering sen~ices on
the referenced project. Our services will include preparing a tiv-•itten sh•ucttrral
construction cost esti»rate based on a 10% level of design and preparing written design
c-•Iteria to be included in the preliruinury engineering report.
We will provide this se-•vlce fa• the lump sum fee of ~ 5,000.00.
Reimbursable expenses such as reproduction services, printing, delive-y services, travel,
long distance telephone calls, etc. a-•e included in the lump strnr fee.
Our proposal does not Include any civil engineering or• geotechnical engineering
services. Our proposal does not include p-•eparation of any drativings.
We will invoice monthly on a percent complete basis. All invoices rn•e dire net thirty days.
If this proposal meets yorn• approval, please sign and -•etrnn one copy. If yotr have any
questions, please call.
very rr•rrty you-•s,
Jac Sprrr•li ~ P.E., SECB
Accepted.•
Dute:
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(7z3J 77-9433 '`Fax (7z3) 77G-Zq.30 • 'Email: secirrcCastarrlc~~eru1ineerirrq.nct