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R2004-100 06-28-04 RESOLUTION NO. R2004 -100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH KLOTZ ASSOCIATES, INC. FOR WATER MODELING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Klotz Associates, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Klotz Associates, Inc., for water modeling services. PASSED, APPROVED and ADOPTED this the 28th day of June A.D., 2004. 2.,,, TOM REID MAYOR ATTEST: ,i .7z/ IF NG T1 f YSE ETARY APPROVED AS TO FORM: 4)0. 1( kie- DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2004 -100 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City and Klotz Associates, Inc. (hereinafter "Engineer as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Perform engineering design and prepare plans and specifications for the rehabilitation of Lift Station No. 5. Engineer /Subconsultant(s) Fee Basis of Compensation Klotz Associates, Inc. $34,800 Lump Sum Maximum Contract Amount $34,800 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 and specifications: 90 days Attachments: Proposal and Scope of Services Klotz Associates letter dated November 10, 2004. 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. 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 (30 day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall prepare a project schedule identified as an attachment to this agreement and submit it for review within 15 calendar days after receiving a Notice -to- Proceed. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and /or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or 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 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. EXECUTED and EFFECTIVE as of the day of 2004. CITY OF PEARLAND KLOTZ ASSOCIATES, INC. By: ‘,7-4 Bill Eise Printed Name: Billy M. Cooke, P.E. City Manager Title: Executive Vice President STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared Q,II M. Cook known to me to be the person whose name is subscribed to the foredbing 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 /Oi DAY OF /UdJ£mloa_ A.D., 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: 1T/aa& 1T i ad etje4 M C mmis io x..r- ow .Diana Diederich 1 STATE OF TEXAS Notary Public r State of Texas My Commission Expires COUNTY OF 1 44 March 5, 2007 r B FORE ME, the undersigned Notary Public, on this day personally appeared S 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 3 DAY OF A41/ L— A.D., 20 PE RLA N. LEHMAN •V KoL;t< �y Notar P state of Texas NOTARY PUBLIC IN AND FOR THE My Commission Expires: STATE OF TEXAS \F'�' APRIL 2, 2005 Printed Name: .4- My Commission Expires: 41y, K LOTZ 1160 Dairy Ashford k• ..n S .�c�f L�' ASSOCIATES Suite 500 Houston, Texas 77079 N C. ,281, 5897257 CONSULTING ENGINEERS (281) 589 -7309 Fax email @klotz.com November 10, 2004 Mr. Jerry Burns Director of Public Works City of Pearland 3501 E. Orange Street Pearland, Texas 77581 Re: Rehabilitation of Lift Station No. 5 Klotz Associates Project No. 0218.026 Dear Mr. Burns: Thank you for the opportunity to continue assisting the City with improvements with its wastewater collection and treatment system. The proposed project involves the rehabilitation of existing Lift Station No. 5. Our engineering services proposal is presented below. PROJECT BACKGROUND Lift Station No. 5 is located at 2915 A Green Tee Drive in Pearland. It consists of an 8 -foot diameter by 18 feet deep pre -cast concrete wet well and an adjacent dry well. Two Model T4A -B Gorman Rupp pumps equipped with 10 horsepower motors pump wastewater at an estimated flow rate of about 775 gpm through about 1,250 feet of 10 -inch diameter force main. The lift station electrical control panel is located nearby. The City intends to replace the wastewater pumps and controls. While doing this, the City intends to convert this lift station to a submersible pump lift station to eliminate the need for confined space entry. The existing wet well will be modified as necessary to accommodate new submersible pumps and the existing dry well will be abandoned in place. New discharge piping will be partly above -grade to avoid a valve pit. The relatively new electrical control panel will be reused to the extent possible. The concrete top slab over the wet well will be removed and replaced with one designed for the new function. The wet well interior surface is uncoated concrete and will be cleaned and protected with a specialized coating material. PROPOSED SCOPE OF BASIC ENGINEERING SERVICES We will perform the following engineering services: A. Design Phase Services 1. Obtain and review plans and other information from the City for Lift Station No. 5. 2. Obtain field measurements and other information about existing site conditions that will be used to prepare a site plan for the construction drawings. KLOTZ ASSOCIATES, INC. C O N S U L T I N G ENGINEERS Mr. Jerry Burns November 10, 2004 Page 2 3. Develop a plan for bypass pumping that will allow the lift station to be removed from service during the rehabilitation project. 4. Prepare necessary plans and specifications for bidding and construction, including an anticipated 9 plan sheets. We will incorporate the City's Lift Station specification (15030) and will request an electronic copy of it. Draft plans and specifications will be provided for the City's review and approval prior to finalizing them. 5. Submit a copy of the final plans and specifications to TCEQ as required by 30 TAC 317. 6. Respond to questions or comments from TCEQ. B. Bidding Phase Services 1. Issue a notice -to- bidders and distribute to bid information services. (We have assumed that the City will arrange and pay for an advertisement in a local newspaper.) 2. Print and sell copies of bid documents. (We have assumed up to a total of 10 bid sets will be printed for distribution to bidders and bid information services.) 3. Maintain a bidders list. 4. Conduct a pre -bid meeting. 5. Answer bidder's questions. 6. Issue addenda, as required. 7. Attend the bid opening. 8. Prepare bid tabulation. 9. Make a recommendation on award of the contract. 10. Issue a notice of award. 11. Prepare "conformed" contract documents, which include incorporation of addenda. C. Construction Phase Services 1. Conduct preconstruction meeting. 2. Issue notice -to- proceed. 3. Receive, review, and forward monthly pay requests to the City. 4. Respond to requests for information about the design. 5. Visit the site periodically to observe the work and gather information for reviewing the contractor's pay request (two visits are anticipated). 6. Conduct a final inspection. 7. Prepare record drawings. Record drawings will be based on drawing markups, notes, etc. received from the Contractor. Klotz Associates will not perform any field work in connection with this activity. KLOTZ ASSOCIATES, INC. C O N S U L T I N G ENGINEERS Mr. Jerry Burns November 10, 2004 Page 3 SCHEDULE We expect to complete the design portion of this assignment within eight weeks of your authorization. PROJECT STAFF James F. Neyens, P.E. will serve as Project Manager for this project. Frank J. Dillard, P.E., of Frank J. Dillard Associates, Inc., will be retained as our subconsultant to provide electrical engineering services on this project. TERMS AND FEE We propose to perform the required basic engineering services on a lump sum fee basis. Our proposed fee is $34,800. This fee includes both labor and reimbursable expenses to complete this assignment as described in this proposal. The terms and conditions for this project are contained in the City's standard engineering agreement (attached), which will be executed for this project. CLOSING We trust this proposal meets with your approval. Please sign the duplicate original agreements enclosed, and return one to us. Thank you for this opportunity to once again serve the City of Pearland. Please feel free to call if you have any questions. Very truly yours, Ralph E. Cox, P.E. Group Manager REC:ng Attachment KLOTZ ASSOCIATES, INC. CONSULTING ENGINEERS EXHIBIT A SCOPE OF SERVICES Basic Services Klotz Associates will perform the following basic services for the Pearland water distribution modeling project: Task 1 —Preparation for Modeling - a. Obtain any applicable water service/design standards from the City. b. Obtain and analyze the 2002, 2003 and 2004 City water billing records and determine the average daily demand for each type of customer and parcel size category. c. Add unaccounted-for-water allowance to these demands. d. Confirm average day to maximum day multiplier with the City operations staff. e. Obtain information on daily tank levels and pump operation times from the City operations staff to verify the demand curve in the Water Master Plan. f. Convert GIS shape files obtained from City into AutoCAD files showing piping system to be modeled,parcels, and streets g. Obtain information on types of pipe in system from the City. h. Obtain pump curves and record drawings for pump stations from the City. i. Obtain record drawings for storage tanks from the City. j. Obtain current well pumping rates from the City. Task 2 -Model Existing Distribution System a. Load sizes and"C" factors for all pipes 6" and larger. b. Load elevations for all nodes. c. Load pump curves for all existing pumps. d. Load tank volume, shape and elevations data. e. Load pressure regulating valves,if any. f. Load water well capacity information. g. Load average daily demands and maximum day factor. h. Load the diurnal demand curve presented in the Water Master Plan. i. Set up pump and storage controls. j. Prepare model runs for a typical winter day and maximum summer day for the existing distribution system. k. A"C"value study will not be performed; instead, commonly accepted values for each type of pipe will be used. Exhibit A Page 1 of 2 KLOTZ ASSOCIATES, INC. CONSULTING ENGINEERS EXHIBIT A SCOPE OF SERVICES. Task 3—Calibrate Model of Existing System a. Obtain from the City and load fire hydrant flow data, elevated tank levels, and pump status for use in calibrating model, as required to confirm the accuracy of the model. b. Make appropriate adjustments based on the foregoing. Task 4—Prepare Deliverables - a. _ Provide GIS shape files that show the following: 1) Existing water lines with high velocities; 2) Water pressure contours in winter and summer; 3) Available fire flows at 20 psi with maximum summer day demands in the existing system; b. Provide a summary print out for the model c. Provide a compact disc (CD)with all AutoCAD and PIPE2000 files on it. This will not include the licensed AutoCAD and PIPE2000 software. d. Submit all the preceding to the City Engineer in the form of a letter report. Task 5 -Provide Orientation and Training a. Provide up to 20 hours of training at the City's site on the software and model. Exhibit A Page 2 of 2 CITY OF PEARLAND CHECK REQUEST DATE REQUESTED: 1 ) 3 -t9 2co' CHECK NEEDED BY: Y1'lc, TAX ID# VENDOR# VENDOR () .i\- c r S-cc, ADDRESS k \ \ \\ ��),\c . rc.c.n % tg. 12e CITY 1-No vLs "l L1 2, �DESCRIPTION �r� �' = j .F -.z ,� � ACCOU�iT,L�IUMBER ,;�`,,�`;„��AMOUNT f ���� • . 010- 3390 3, Os- • TOTAL 31% 1-4-0ct' �103370 03-w cCOMMENTS - .���, u M11 ill'e;e,4 a ri ,.. REQUESTED BY: / 'rave,e h Ft) Mc (Ahri aS wed_ APPROVED BY: FINANCE APPROVAL: