R2004-066 05-10-04 RESOLUTION NO. R2004-66
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 DANNENBAUM
ENGINEERING CORP. FOR FLOODPLAIN MAPPING SERVICES
ASSOCIATED WITH THE CLEAR CREEK WATERSHED.
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
Dannenbaum Engineering Corp., 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 Dannenbaum Engineering Corp., for
Floodplain Mapping Services associated with Clear Creek Watershed.
PASSED, APPROVED and ADOPTED this the 10th day of Hay ,
A.D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
MAYOR
Exhibit "A"
Resolution No. R2004-06
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Dannenbaum Engineering Corp. (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: Remapping of Flood Hazard Zones along Clear Creek for
areas within the City of Pearland.
. Engineer/Subconsultant(s) Fee Basis of Compensation
Dannenbaum Engineering $59, t25 Time and Materials
Maximum Contract Amount $59,125
* 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 floodplain mapping and reports: 90 days once base data becomes
available from Harris County Flood Control District
Attachments: Scope of Services - Exhibit A
Tabulation of Estimated Fee - Exhibit B
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
shod-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 Iow 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-half percent (0.5%) 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 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 have prepared a project
schedule identified as an attachment to this agreement. 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 attomeys' 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 wdtten 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 10th day of May, 2004.
CITY OF PEARLAND
Bill EiCon
City Manager
DANNENBAUM ENGINEERING CORP.
Printed N~'me: Wayne G. Ahrens
Title: Pri nci pal
STATE OF TEXAS §
, §
COUNTY OF-'-~ ~'~ Z~rl~..- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~'~,'// ~,1 , 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 /// DAY
Of "~F ,A.D.,20~ '~.
STATE OF TEXAS
COUNTY OF HARRIS
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Pd nted Name: "--~.. ~//,~..-
My Commission Expires: ~}.~,-;'t
~ BEFORE ME, the undersigned Notary Public, on this day personally appeared
~,~le. ~-. ~hrc~_~ , 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
~J I,Liq. e. , A.D., 20. O~
OF OFFICE THIS O2.i3~ DAY OF
NOTA AND FOR THE
STATE OF TEXAS
Pdnted Name: Betty Lozada
My Commission Expires:
Apfil15,2004
DANNENBAUM ENGINEERING CORPORATION
3100 WEST ALABAMA HOUSTON. TEXAS 77098 P.O. BOX 22292 HOUSTON. TEXAS 77227 (713) 520-9570
Mr. Douglas K. Kneupper, P.E.
City of Pearland
3523 Liberty Drive
Pearland, Texas 77581
Clear Creek Remapping - Pearland
Dear Mr. Kneupper:
Dannenbaum Engineering Corporation (DEC) is pleased to submit this proposal for mapping the
TSARP flood hazard zones along Clear Creek for areas within Brazoria and Fort Bend Counties.
The mapping limits will extend from Clear Creek's headwaters to the Galveston County Line
(just downstream of Dixie Farm Road). (See Attachment 1) The revised flood zones will be
submitted to FEMA as a Physical Map Revision (PMR). This letter will briefly describe the
tasks, as well as the estimated engineering fee (see Attachment 2)} that will be required for the
mapping.
1.0 Data Collection
Effort will be required to collect TSARP mapping data from the Harris County Flood Control
District (HCFCD). GIS data and the updated HEC-RAS models for Clear Creek will be
collected. Collected GIS data will include the HEC-RAS cross section shapefile, the watershed
TIN used in the mapping of the Harris County side of Clear Creek, and the flood hazard area
shapefiles (1% & 0.2% exceedance event flood plain boundaries, floodway boundary, and base
flood elevation lines). It is assumed that during TSARP the flood hazard area shapefiles for
areas outside of Harris County were extracted directly from HEC-GeoRAS and were never
cleaned.
A physical tie between the City of Pearland datum adjustment (1978 and 1987) and the TSARP
datum adjustment (2001) will be required to map the backwater from Clear Creek and to regulate
construction within the flood plain. Ii is assumed that two Pearland benchmarks will be tied to
the TSARP datum adjustment.
2.0 Flood Zone Delineation
Dannenbaum will map the flood hazard areas of Clear Creek utilizing HEC-GeoRAS, the
collected shaPefiles, and the watershed TIN. First, a HEC-RAS GIS export file will be created ·
using the updated HEC-RAS model for Clear Creek. Next, HEC-GeoRAS will be used to
delineate the 1% and 0.2% exceedance event flood plain boundaries. The flood plain boundaries
generated by HEC-GeoRAS will require "cleaning'" before they can be utilized as final FEMA
flood plain boundaries. The HEC-GeoRAS flood plain boundaries will be revised 'to remove
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Mr. Douglas K. Kneupper, P.E.
City of Pearland
Page 2
April 15, 2004
small islands in the flood plain, smooth flood plain boundaries, and generally make the flood
hazard area delineation meet FEMA requirements.
The following FIRM Panels will be updated as part of the PMR:
Brazoria County
48039C0010
48039C0030
48039C0035
48039C0045 '
48039C0065
Fort Bend County
48157C0280
48157C0283
Please note that it is assumed that the floodway boundaries and BFE lines for areas of Clear
Creek outside of Harris County have already been created as part of TSARP. It is anticipated
that only minor cleaning of these files shapefiles will be required.
3.0 Digital Flood Insurance Rate Map (DFIRM) Generation
The PMR for Clear Creek is not required to be a DFIRM submittal. However, since some of the
required DFIRM shapefiles are a by-product of the mapping effort, Dannenbaum will submit
these files to FEMA as part of the PMR submittal. The DFIRM shapefiles that will be submitted
are listed below:
- SXS
- S BFE
- S Fld Haz Ar
- S Fld Haz Ln
(HEC-RAS Cross Sections)
(Base Flood Elevations)
(Flood Hazard Area shapes)
(Flood Hazard Area lineWork)
4.0 FEMA Submittal
The necessary forms to request a PMR will be submitted to FEMA. The PMR submittal will
require the .completion of MT-2 F~)rrn 1 and MT-2 Form 2. ~ addition several tables and
exhibits, as seen in the attached cost estimate, will need to be submitted with the request.
5.0 Report ,~.
A letter report, which details the steps taken in the PMR, will be submitted to the City of
Pearland. The letter report will include tables, exhibits, and the complete FEMA submittal
package. An electronic copy of all mapping data will be provided with the report.
6.0 Project Management
Some effort will be required to meet with the City, perform internal quality control review;
perform internal coordination and coordinate with FEMA. This task also includes effort for
addressing appeals to the preliminary maps on a time plus materials basis.
G:\I 150~roposals~Peafland Remapping (Clear Creek)ht:inal\Clear Creek Remapping-Pearland.doc
Mr. Douglas K. Kneupper, P.E.
City of Pearland
Page 3
April 15, 2004
The cost for performing these tasks is approximately $59,125.00.
If you have any questions or comments concerning this proposal, please feel free to contact me at
713-527-6365.
Sincerely yours,
DANNENBAUM ENGINEERING CORPORATION
dro C. Flores, P.E., CFM
Senior Project Manager
Attachments
G:\I 150XProposals',Peadand Remapping (Clear Creek)\Final~lear Creek Remapping-Pearland.doc
04/1412004
Clear Creek Mapping - City of Pearland
Attachment 2
Project Project Project Total Total
TASK Principal Manager Engineer IV Engineer III CADD Secretary Hours Cost
$250.00 $160.00 $120.00 $85.00 $65.00 $60.00
1.0 ', Data Collection a I0 18 $7,810.00
i Collect Current HEC-RAS models 2 4 -- 6 $580
]Collect GIS Data fi 6 12 $1,230
.... ~. Cross Sections 2 -- 2 4 ~-~!
......12__T_riangulated Irregular Networks (TIN) 2 2 4 $410
i - Raw GEO-RAS Boundaries 2 2 4 ........ ~4~]
! - Survey (tie TSARP and City of Pearland datums) ............. $_6_,_0_0_0
~.0~F-~ood Zone Delineation -- 3 61 125 16 205 ~'1'5~4-65.0'-~
i Ceo-RAS Mapping 2 8 ___2_ .......... 1~2 ........ _$1_~0_~0
i - Generate 100-yr and 500-yr flood plains 2 8 2 12 $1,050
I - Create BFE's ,
: - Generate Floodway ..............................
.... _~ - Clean 100-yr and 500-yr Floodplain (174 Cross Sections) 2 44 87 10 143 $13,645
J - Clean BFE's 1 6 12 19 $1,900
-- ! - Add Zone A 2 8 2 12 $1,050
i ?_Map Backwater on Tributaries 6 6 14 $1,40o
I . Tie in with Effective Floodplain downstream I 2 2 5 $420
_3~.0 t Di_gltal Flood Insurance Rate Map (DFIRM) Generation 10 30 8 ___48~ $4,270.00
; - S XS (cross sections) 1 2 3 $215
i - S BFE I 2 3 $215
~ -S FLD HAZ AR 4 8 2 14 $1,290
i -S FLD HAZ LN 6 20 2 20 $2,550
4.0 i FEMA Submittal 9 16 3 28 $2,620.00
i -MT-2 Form 1 2 4 1 ? $640
; -MT-2 Form 2 6 10 1 17 $1,630
__ ! -Notification for PMR Floodway Revision __ I 2 1 4 $350
-g.0 LR~ep.o. rt I 44 60 30 2 __ 137 $12,610.00
5.1 !Text 1 6 6 2 15 $1,510
_5_.2?Tables 16 24 40 $3,960
___~_ -Floodway Data __ 4 6 10 $990
-- i -Water SUrface Elevation 4 6 10 $990
~, -Water Surface Elevation Comparison (Effective vs. Updated) · 4 6 10 $990
---- ? -Flow Comparison (Effective vs. Updated) ___ _ 4 6 10 $990
5.3 !Exhlblts 22 30 30 82 $7,140
i -Work Map 10 10 20 4o $3,350
[ -FI .oodplain Map with Aerial 2 2 6' 10 S800
[ -Floodplain Map without Aerial 2 2 4 8 $670
.... } -Study Area 2 4 6 $580
_ [ -Profiles 6 12 _ 18 $1,740
6.0 [Project Management 18 28 16 62 $11,600.00
-Internal Coordination 4 8 8 20 $2,280
i -External Coordination/Meetings with City of Pearland 6 6 4 16 $2,020
j -FEMA Coordination 8 4 12 $1,300
· [ _-QA,/QC 8 6 14 $2,000
-Address Appeals (on time plus materials basis) $4,00c
7.0~ Other Direct Costs $750.00
I -Supplies '- $30C
-Mileage $10c
-Place NotifiCation in Newspaper .... $10c
-- -Reproduction ,. _.. $25C
25 219 374 68 5 691 $59,125.013
3.6% 31.7% 54.1% 9.8% 0.7%
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