R2010-052 - 2010-04-26 RESOLUTION NO. R2010 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR PRELIMINARY
ENGINEERING SERVICES ASSOCIATED WITH THE BARRY ROSE
WASTEWATER TREATMENT PLANT REHABILITATION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain engineering contract for preliminary engineering services
associated with the Barry Rose Wastewater Treatment Plant Rehabilitation Project, 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 preliminary engineering services associated
with the Barry Rose Wastewater Treatment Plant Rehabilitation Project.
PASSED, APPROVED and ADOPTED this the 26 day of April, A.D., 2010.
Thl/ 7-
TOM REID
MAYOR
ATTEST:
e l NG Lue I ..jo•-•
Y SE 07 TARY e'=
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010 -52
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on April 26 2010 by and between the City of
Pearland "CITY and Binkley Barfield, Inc. "CONSULTANT
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Barry Rose WWTP Plant Rehabilitation (Project #WW1004)
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 1 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 12 months.
SECTION III CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is Lump Sum plus reimbursable
expenses. Total compensation for the services performed shall not exceed
$70,480.00.
B. Reimbursable expenses shall be billed at direct cost plus 10 Reimbursable
expenses include, but are not limited to, reproduction, deliveries, mileage at the
current IRS rate, and presentation materials. Applicable sales tax will be added to
those fees subject to sales tax.
C. 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:
1. 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.
D. 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 1710 Seamist Drive, Houston, TX 77008.
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 l5 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 26th day of April 2010.
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CI OF 'PEARLAND, TEXAS
Bill Eisen, City Manager
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C ON: LTANT
EXHIBIT A
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UTILITIES SCOPE OF SERVICES
FOR
Barry Rose WWTP Rehabilitation
Project #WW1004
Binkley 1710 Seamist Drive
Houston, TX 77008
Barfield ,Inc 713.869.3433 1 713.869.6702 Fax
c exas RegisIrabon Nuonsulting eng mber F inee 7
Houston 1 Dallas i Austin
T
April 19, 2010
Ms. Teresa Battenfield, P.E.
Assistant Director, Project Department
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Preliminary Engineering Services Proposal
City of Pearland, Barry Rose WWTP Improvements
Dear Ms. Battenfield:
Binkley Barfield, Inc. (BBI) requests City of Pearland (City) Council approval of an Agreement,
and Authorization to Proceed with a Preliminary Engineering Study and Report (PER) Services for
rehabilitation/improvements to the City's Barry Rose Wastewater Treatment Plant, as outlined in the
attached Level of Effort (LOE).
Our proposed PER Scope of Work consists of the following services:
1. Evaluation and assessment of the existing Barry Rose WWTP facilities and treatment
processes including:
The existing lift station pumps, firm capacity, and pump controls
The headworks bar screen and screw compactor /conveyor
The chlorine contact basin and sand filter system
The sludge digester /thickeners and centrifuge
2. Provide recommendations of improvements and cost estimates.
3. Meetings with the City of Pearland Wastewater Project Manager to review the recommended
improvements and upgrades.
4. Submit Preliminary and Final PER Report of evaluation and assessment of the existing Barry
Rose WWTP facilities and recommended improvements.
A detailed list of engineering services and level of effort including a project schedule is attached for
your reference. In summary, we propose the following:
PER Services for Barry Rose WWTP Facilities: $70. 480.00
Disk File Name: 10L01c_Proposal (Rev4- 15 -10))
BBI Job Number: P2378/10
BBI File Number: /1.1
Ms. Teresa Battenfield, P.E. Page 2 of 2
Assistant Director, Project Department
City of Pearland
In addition to the proposed PER Services, we recommend Additional Services to survey the
existing facility structures' elevation and to verify the hydraulic profiles. This Additional Survey
Services can be done in the final design phase.
If you have any questions, please call me at (713) 869 -3433.
Sincerely,
BINKLEY BARFIELD, INC.
Consulting Engineers
Ch t L
Li C. Chen, P.E.
Project Manager
LC:lc
Enclosures
Disk File Name: 10L01c_Proposal (Rev4- 15 -10))
BBI Job Number: P2378/10
BBI File Number: /1.1
City of Pearland, Barry Rose WWTP
Preliminary Engineering Study and Report Services
JOB NO.: P2378
DATE: 4/19/2010
LEVEL OF EFFORT MAN HOURS
WORK ITEMS c MAN -HOURS BASIC SERVICES
Item z
No. (Man Hour Categories, PIC: Pnnciple in Charge, PM: Project Manger, Sr. CADD Sr. Clerk/ SUB
C S: Process, Civil Structure, E I: Electrical Instrumentation) p P 1 C Sr. PM C S Engr E 1 Engr Operator Admin TOTAL FEE CALC. SUB TOTAL
FLAT RATES: I 195.00 165.00 135.00 135.00 105.00 66.00
1 too Existing Barry Rose WWTP Plant Evaluation
Site Visits (Existing Site Condition Documentation,
1.01 Inspection Review) 4 8 8 4 24 $3,240.00
Review existing WWTP equipment drawings and data
2 6 4 6 18 $2,076.00
1.02 from CoP archives
Evaluation of the existing Lift Station capacity pump
1 2 10 6 19 $2,685.00
1.03 operations
Evaluation of the existing Headworks Bar Screen
1.04 Screw Compactor /Conveyor 1 2 12 4 19 $2,685.00
Evaluation of the existing Chlorine Contact Basin Sand
I 1.05 Filter System 1 2 12 6 21 $2,955.00
1.06 Evaluation of the existing Sludge Digester and Thickener 1 2 8 4 15 $2,145.00
i Evaluation of the existing Thickened Sludge Pumps and
1.07 Centrifuge 1 2 8 4 15 $2,145.00
Meetings with City of Pearland Wastewater Project
1.08 Manager for existing Barry Rose WWTP operations 2 6 6 6 4 24 $3,264.00
Prepare report for the existing Barry Rose WWTP
1.09 facilities evaluation and analysis 2 8 24 10 16 60 $7,356.00
1.10 In house Report Review Revisions, QA/QC 2 6 4 12 $1,644.00
Barry Rose WWTP process flow diagram for analysis and
1.11 presentation 1 2 4 12 18 $2,130.00
SUB TOTALS 1 11 38 98 52 16 30 $32,325.00
2.00 Preliminary Recommendation for Improvements and Upgrades
Headworks Bar Screen and screw compactor 1 2 12 6 12
2.01 replacement, equipment selection 32 $4,020.00
Lift Station capacity, pump selection controls
2.02 improvements 1 1 2 12 6 10 31 $4,005.00
Rehabilitation /replacement of existing Sludge Digester,
1 2 10 6 19 $2,685.00
2.03 Thickener Mechanism Controls equipment
2.04 Rehab/Replacement of existing Centrifuge equipment 1 2 10 6 19 $2,685.00
Sand Filter replacement/ new Disk Filter replacement
1 2.05 equipment selection 1 1 2 16 6 12 37 $4,755.00
Prepare Preliminary Report for improvements and
2.06 upgrade recommendation 2 8 24 10 16 60 $7,356.00
1 2.07 In house review of Preliminary Report, QA/QC 2 6 4 12 $1,644.00
Meetings with CoP Project Manager for improvement
2.08 and upgrade recommendation 30 8 8 8 4 30 $4.134.00
Improvement Site Plan (using photos) for presentation
2.09 purpose 1 2 6 8 $960.00
SUB TOTALS 4 10 34 92 48 40 24 $32,244.00
3.00
3.01 Project Management, staff meetings 8 8 $1,320.00
3.02 $0.00
3.03
3.04 Preliminary Cost Estimate 1 4 10 4 6 25 $3,141.00
3.05 $0.00
SUB TOTALS 1 12 10 4 0 6 $4,461.00
SUB -TOTAL HOURS 5 22 84 200 104 56 60
SUMMARY (Basic Engineering Services) $69,030.00
REIMBURSABLE EXPENSES
Copy and Scan 1988 1999 Record Drawings $450.00
5 Draft 5 Final Preliminary Engineering Report Printing $1,000.00
SUB -TOTAL NON LABOR COSTS
$1,450.00
TOTAL Preliminary Engineering Services Cost $70,480.00
Additional Services (to add in final design)
Al Site Survey for existing structure elevation hydraulic profile verifications
(Lift Station, Headworks, Sludge Digester, Thickeners, Chlorine Contact Basins and Sand Filters, Effluent structures, and etc)
Page 1 of 1 PER Level of Effort
CITY OF PEARLAND
BARRY ROSE WWTP REHABILITATION AND IMPROVEMENTS PROJECT
BINKLEY BARFIELD RATE SCHEDULE FOR 2010
CLASSIFICATION 2010 SALARY RATE
Principal $195.00
Technical Manager/ Director $180.00
Sr. Project Manager $165.00
Project Manager $150.00
Project Engineer $125.00
Civil Structural Engineer $135.00
Electrical Instrumentation Engineer $135.00
Associate /Staff Engineer $105.00
Graduate Engineer (EIT) $100.00
Sr. Designer $110.00
Designer $95.00
Sr. CADD Operator $105.00
CADD Operator $90.00
Administrator $66.00
Clerical Administration $60.00
Note:
1. Above Hourly rates are 2010 values.
Engineer's direct labor costs and the factor applied in determining compensation payable to
Engineer may be adjusted annually and equitably to reflect changes in the various elements
that comprises the direct labor costs and factor.
2. Subconsultants rates and other miscellaneous expenses shall be paid at cost plus 10%
3. Mileage at Federal Rate
Updated 4/19/2010 BBI P2378
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