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R2000-139 11-13-00 RESOLUTION NO. R2000-139 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, INC. FOR ENGINEERING SERVICES TO ASSESS THE IMPACT OF STORMWATER INFILTRATION AND INFLOW AT 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, 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 engineering services to assess the impact of stormwater infiltration and inflow at the Barry Rose Wastewater Treatment Facility. PASSED, APPROVED and ADOPTED this the 13 dayof November ~, A.D., 2000. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRiN M. COKER CITY ATTORNEY CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and [4lots Associate$~ Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Engineer: Klotz Associates, Inc. Description of Project: I&l Compliance Monitoring Maximum Contract Amount: $29,100.00 Contract Begins: Upon execution Contract Ends: Upon completion Attached Contract Document: Proposal 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. Progress payments may be requested by Engineer based on the amount of services completed. Payment for the services of Engineer shall be due and payable upon submission of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this Contract will be added to Engineer's compensation. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt 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 9 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. The Engineer shall prepare a schedule of work identified as an attachment to this agreement and submit it for review within 15 calendar days after receiving a Notice- to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Work 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 Work 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 work schedule, through no fault of the Engineer, additional contract time will 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 and end on the dates shown above. 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 steps for 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 fur[her 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. Construction Representation. If required by the Contract, Engineer will furnish Construction Representation according to the defined scope for these services. Engineer will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, Engineer will endeavor to protect City against defects and deficiencies in the work of contractors; Engineer will report any observed deficiencies to City, however, it is understood that Engineer does not guarantee the contractor's performance, nor is Engineer responsible for the supervision of the contractor's operation and employees. Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or the safety precautions and programs incident to the work of the contractor. Engineer shall not be responsible for the acts or omissions of any person (except his own employees or agents) at the project site or otherwise performing any of the work of the project. 8. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to proper[y, 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. 9. 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. 10. Assi.qnment. Engineer shall not assign this Contract without the prior written consent of the City. 11. 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. 12. 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. 13. Conflicts in Contract Documents. The above provisions, other than the provisions contained in any referenced contract document specified above, shall govern over any conflicting provision contained in any referenced contract document specified above. 14. 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 and arbitration as follows: A. Mediation. tf 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. B. Arbitration. If the parties cannot resolve by mediation any claim or dispute relating to this Contract and the claim or dispute involves a sum that exceeds $100,000, then, upon the demand of either par[y, whether before or after the filing of any suit, any controversy or claim arising out of or related to this Contract shall be settled by binding arbitration in accordance with the Federal Arbitration Act and the Commemial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may agree in writing to use any other arbitration procedures or rules in lieu of those specified in this paragraph. EXECUTED and EFFECmlVE as of the II'(~l~dayof I~J~¢~m~e¢' ,20~00 . A~-FEST: CITY OF PEARLAND APPROVED AS TO FORM: Darrin M. Coker City Attorney ATTEST: KIotz Associates, Inc., Engineer Pnnt-ed Name: ]~Jana Mitche]_t t Title: Assistant Secretar,y Title: ?resiSt ~/ STATE OF TEXAS § COUNTY OF HARRIS § 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 8th DAY OF November , A.D., 200, ~)~~ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: Diana Mitchell My Commission Expires: .--' ~ ~ _ STATE OF TEXAS § ~ ~ COUNTY OF ©f~ EL § _j~o. BEFQRE ME, the, undersigned Notary Public, on this day personally appeared VX ¥ 'f~.ud~tt.~___4~ , 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. , A.D., 20 ~. - ~ STATE OF TE~S ~~R~~ Printed Name: ~ ~ ~ My Commission Expires: ~-t~-O~ K LaTZ ,,60 Dairy Ashford ASSOCIAIES, Su,eSOO Houston, Texas 77079 CONSULTING E N G I N E E R S (281)589-7309Fax emad@klotz.com November 2, 2000 Mr. John Hargrove, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Compliance with I&I Monitoring Requirements of TNRCC Agreed Order (Docket No. 1999-1488-MWD-E) Dear Mr. Hargrove: Thank you for the opportunity to assist the City with the I & I compliance requirements of the Agreed Order. Our engineering services proposal is presented below. UNDERSTANDING OF PROJECT The following statements concerning the project are based on our meeting with you and Bobby Whisenant on October 19, 2000 as well as a phone conversation with Catherine M. Albrecht, TNRCC Enforcement Coordinator, on October 27, 2000. The effective date of the TNRCC Agreed Order is September 27, 2000. Within 90 days a~ter the effective date of the Agreed Order, Pearland is required to complete the following technical requirements: 1. Develop and submit a detailed plan and schedule for assessing the impacts of stormwater infiltration and inflow (I&I) into the collection system on: a. Bar~ Rose WWTP performance b. The unauthorized discharges of wastewater from the collection system The plan must include an annual review to report the results of the assessments and the effectiveness of any completed I&I corrective actions. 2. Prepare and submit the first annual review report to the TNRCC Houston Regional Office February 1, 2002. The Agreed Order will terminate five years from its effective date or upon compliance with all the terms and conditions in the Agreed Order, whichever is later. Therefore, KI_OTZ ASSOCIATES, INC. Mr. John Hargrove, P.E. November 2, 2000 Page 2 annual reports are required until the Order is terminated or for five consecutive years beginning February 1, 2002. PROPOSED SCOPE OF BASIC ENGINEERING SERVICES Klotz Associates envisions that the plan will include the elements outlined in Attachment 1 - Proposed Plan for Assessing Impacts of I&I, Proposed Table of Contents. The plan submitted to the TNRCC will be a guide to how we will assemble the data and information needed to compose the first annual report. The following summarizes our proposed approach to each of the items listed in Attachment 1. 1.0 Introduction This section will include a short background on Pearland's regulatory compliance history, purpose of scope of the plan, and Klotz Associates authorization to prepare the plan. 2.0 Annual Assessment of I&I Corrective Actions 2.1 Overall Description of Pearland Wastewater Service Areas The section will describe Pearland's wastewater service areas, describe how flows are transferred between service areas via lift stations, and quantify these flows. A scaled map of the service areas showing general boundaries and schematically showing lift station transfers will be presented. The compliance plan will state that modifications to the service area boundaries and interbasin transfers will be documented as they occur. The proposed engineering fee is based on the assumption that a usable electronic map of the City is available for modification. 2.2 Detailed Description of Barry Rose WWTP and SWEC Service Areas Because the TNRCC is interested in assessing impacts to the Barry Rose WWTP and service area, this section will present a more detailed description of that service area. A scaled map of the Barry Rose WWTP service area showing sanitary sewers and force mains will be presented. The Southwest Environmental Center (SEWC) came on line April 26, 2000 and reduced dry weather flows to the Barry Rose WWTP. However, some wet weather flow is still diverted to the Barry Rose WWTP. This diversion is accomplished at the Walnut Street Lift Station. KLOTZ ASSOCIATES, INC. Mr. John Hargrove, P.E. November 2, 2000 Page 3 There are three pumps at that lift station. Two pumps normally pump wastewater to the SWEC facility. If the wet well level rises to the high level set point, the third pump comes and sends wastewater to the Barry Rose WWTP. Because the Barry Rose WWTP is affected by wastewater and I&I generated in the SWEC service areas, the SWEC service areas will be included in the I&I impact assessment. The compliance plan will state that modifications within the Barry Rose WWTP and SWEC service areas will be documented as they occur. 2.3 Rainfall Data This section of the plan will identify how rainfall data will be acquired. The City has historical rainfall data dating back to January 1997 for the Barry Rose and Longwood WWTPs, and since April 2000 for the SWEC facility. Future rainfall data will be acquired from rain gauges installed at the Barry Rose WWTP and SWEC. Pearland operators will make readings daily and forwarded to Klotz Associates monthly. Klotz Associates will enter the data into an electronic spreadsheet. 2.4 I&I Correction Projects Klotz Associates will document I&I projects completed to date in the Barry Rose WWTP and SXVEC service areas and show these on the wastewater system map. The compliance plan will state that new projects in Pearland will be documented. 2.5 Barry Rose WWTP Performance Klotz Associates will assemble historical Barry Rose WWTP effluent flow data These data will be graphically plotted together with rainfall data to show relationship among the parameters. The compliance plan will state that this data will be acquired and presented on an annual basis. 2.6 Unauthorized Wastewater Discharges Klotz Associates will assemble historically reported unauthorized wastewater discharges within the Barry Rose WWTP and SWEC service areas and compare to rainfall data for the same time period. Unauthorized discharges will be shown graphically plotted together with rainfall data to show a relationship. The compliance plan will state that this data will be KLOTZ ASSOCIATES, INC. Mr. John Hargrove, P.E. November 2, 2000 Page 4 acquired and presented on an annual basis. The plan will also state that Pearland encourages public reporting of sewage overflows through its advertisements in the local newspaper. 3.0 Conclusions and Recommendations Klotz Associates will present conclusions based on previous reporting period data and provide recommendations for the next annual reporting period. SCHEDULE The proposed schedule for the project is attached. TERMS We propose to perform the required engineering services on a reimbursable basis with a maximum amount. That amount will not be exceeded without appropriate justification and your written authorization. We further propose to perform these services under the terms of the City's new standard engineering services contract. FEE The recommended fee is shown on Attachment 2 and summarized below. Preparation of Plan $4,400 Data Collection 13,200 First Annual Report 11,500 Total $29,100 KLOTZ ASSOCIATES, INC. Mr. John Hargrove, P.E. November 2, 2000 Page 5 Thank you for this opportunity to serve the City of Pearland again. Please feel free to call if you have any questions. Veu truly yours, L~. Smalley, P.E. Manager Public Works Division LFS:ng Attachments cc: Mr. Jerry Bums, Director of Public Works KLOTZ ASSOCIATES, INC. ATTACHMENT 1 CITY OF PEARLAND PLAN FOR COMPILING FIRST ANNUAL REPORT ASSESSING IMPACTS OF I&I FOR BARRY ROSE WWTP SERVICE AREA TABLE OF CONTENTS Page No. EXECUTIVE SUMMARY ................................................................................................... ES- l .0 INTRODUCTION .......................................................................................................... 1.1 Background ..................................................................................................... 1.2 Purpose and Scope .......................................................................................... 1.3 Authorization ................................................................................................... 2.0 ANNUAL ASSESSMENT OF I&I CORRECTIVE ACTIONS ..................................... 2.1 Overall Description of Pearland Wastewater Service Areas ........................... 2.2 Detailed Description of Barry Rose WWTP Service Area ............................. 2.3 Rainfall Data ................................................................................................... 2.4 I&I Correction Projects ................................................................................... 2.5 Barry Rose WWTP Performance .................................................................... 2.5.1 Performance Monitoring Methods .................................................... 2.5.2 Performance Data Prior to I&I Corrections (199--to 199--) ............. 2.5.3 Performance Data After I&I Corrections (199~ to 2001) ............... 2.6 Unauthorized Wastewater Discharges ............................................................. 2.6.1 Discharge Monitoring Methods ........................................................ 2.6.2 Discharges Reported Prior to I&I Corrections (199--to 199--) ........ 2.6.3 Discharges Reported After I&I Corrections (199_._ to 2001) .......... 5.0 CONCLUSIONS AND RECOMMENDATIONS .......................................................... Following Page No. EXHIBITS 1 City of Pearland Wastewater Service Area Map ............................................................. 2 Barry Rose WWTP Service Area Map ............................................................................ KLOTZ ASSOCIATES, INC. Attachment 2 City of Pearland Compliance with I&I Monitoring Requirements Task No. 1 - Preparation of Plan November 2, 2000 Subtask Descriptions Principal Project Project Engineer Designer Clerical Total Manager Engineer Hours Prepare Plan Prepare Plan 8 8 16 Prepare Graphics (Service Area Map) 13 13 I~AJ(~C 2 2 Finalize after City Review/Submit t~ TNRCC 4 1 5 Management 6 6 Task Totals 2 18 0 8 13 1 42 Budget Hourly PERSONNEL Hours Rate Cost Principal 2 $125 $250 Project Manager 18 $ I 15 $2,070 Project Engineer 0 $90 $0 Engineer 8 $75 $600 Designer 13 $75 $975 Clerical 1 $50 $50 Total Labor Cost 42 $3,945 Expenses $455 Total for Task $4,400 Page 1 of 3 KLOTZ ASSOCIATES, Attachment 2 City of Pearland Compliance with I&I Monitoring Requirements Task No. 2 - Data Collection November 2, 2000 Subtask Descriptions Principal Project Project Engineer Designer Clerical Total Manager Engineer Hoor~ Data Collection Duration: Nov 00 through Jan 02 = 15 months Initial Dam Collection/Map Preparation 20 20 12 52 Quarterly Data Collection & Review: 1st Quarter 2 5 11 18 2nd Quarter 2 5 11 18 3rd Quarter 2 5 11 18 4th Quarter 2 5 11 18 Management 10 10 Task Totals 8 50 0 64 12 0 134 Budget Hourly PERSONNEL Hours Rate Cost Principal 8 $125 $1,000 Project Manager 50 $115 $5,750 Project Engineer 0 $90 $0 ~gineer 64 $75 $4,800 D~sigeer 12 $75 $900 Clerical 0 $50 $0 Total Labor Cost 134 $12,450 Expenses $750 Total for Task $13,200 Page 2 of 3 KLOTZ ASSOCIATES, INC. CONSULIING Attachment 2 City of Pearland Compliance with I&I Monitoring Requirements Task No. 3 - First Annual Report November 2, 2000 Subtask Descriptions Principal Project Project Engineer Designer Clerical Total Manager Engineer Hours Prepare 1st Relmrt Assemble Data 4 20 24 Prepare Text 14 20 34 Prepare Graphics 2 4 14 20 qA/QC 6 6 Finalize a~er Cit~ Review/Submit to TNRCC 4 10 4 6 24 Management 8 8 Task Totals 6 32 0 54 18 6 116 Budget Hourly ?ERSONNEL Hours Rate Cost ~ncipal 6 $125 $750 ~roject Manager 32 $115 $3,680 ~roject Engineer 0 $90 $0 ~ngineer 54 $75 $4,050 )esigner 18 $75 $1,350 21erical 6 $50 $300 [~otal Labor Cost 116 $10,130 :~xpenses $1,370 ['otal for Task $11,500 Page 3 of 3