Loading...
R2004-133 08-23-04 RESOLUTION NO. R2004-133 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 FLOOD MAPPING SERVICES ASSOCIATED WITH PORTIONS OF THE MARY'S 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 flood mapping services associated with portions of the Mary's Creek watershed. PASSED, APPROVED and ADOPTED this the 23rd day of Auqust , A.D., 2004. ATTEST: Y SE~ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit "A" Resolution No. R2004-133 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICE~ 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: Prepare a CLOMR for all completed and planned improvements to Mary's Creek within the City of Pearland. EngineedSubconsultant(s) Fee Basis of Compensation Dannenbaum Engineering $37,520.00 Time and Materials Maximum Contract Amount $37,520.00 * All financial nhlin~finn~ ,-,,-~,~,,.,,4 ~,. ,~.: ...... ,=~ et ~y this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of complete CLOMR application: 90 days after Notice to Proceed Attachments: Scope of Services and Estimated Fee 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 pdor 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 suppo.rting 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 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 aro 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 rouse 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 govem 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 bdnging 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 23rd day of August, 2004. CITY OF PEARLAND Bill Eisen~'~' City Manager DANNENBAUM ENGINEERING CORP. P riht'e~, N ~m e :/( ]~;/~.~ ~ '~: Title: ~'.,~/_~.~ STATE OF TEXAS COUNTY OF~/-~ ~,~,~- BEFORE. ME, the undersigned Notary Public, on this day personally appeared ~,'// ~-~.~ ,-,. , 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 /~z,~.~/~ , A.D., 20 ~ ~. PERLA N. LEHMAN Notary Publlo, State of T~ My Commleslon Expires: APRIL 2, 2005 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS PfintedUame: ~/~ ~, ~Z",~/~-~.~,~-~ My Commission Expires: ~-~ -.~ ,~)..~" STATE OF TEXAS § ,i COUNTY OF l--[~V'r~ <; § ~ BEFORE ME, the undersigned Notary Public, on this day personally appeared ~ne_. 6. ~h,~,~ , known to me to bethe 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 ~L DAY' OF ~) +~7',~ )::~r" , A.D., 200~ NOTARY I~UBLIC'IN AND FOR THE STATE OF TEXAS Printed Name: j/~._~t_~ L,~,~ My Commission Expires: DANNENBAUM ENGINEERING CORPORATION 3100 WEST ALABAMA HOUSTON, TEXAS 77098 P.O. BOX 22292 HOUSTON, TEXAS 77227 (713) 520-9570 July 9, 2004 Revised August 10, 2004 Mr. Doug Kneupper, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Mary's Creek Watershed Conditional Letter of Map Revision (CLOMR) - All Improvements Dear Mr. Kneupper: Dannenbaum Engineering Corporation (DEC) appreciates the opportunity of submitting this proposal to you. This letter outlines the steps required to prepare a Conditional Letter of Map Revision (CLOMR) of various drainage improvements either on the ground or proposed. For overall concurrence, we suggest submitting to FEMA a CLOMR that includes all the existing and planned improvements. As facilities are built, LOMRs will be prepared for future submittals. This particular proposal refers to preparation of ~a CLOMR for all drainage improvements. Prepare a CLOMR The CLOMR will consist of several drainage elements that will be described from upstream to downstream. 1) 2) 3) 4) 5) 6) West Mary's regional detention east ofFM 1128. SWEC regional detention east of Harkey Rd. Corrigan subdivision improvements. Veterans Rd. regional detention. Channel improvements from AT & SF RR to SH 35 and culvert replacement at SH 35. Independence Park regional detention (as is) Since all the improvements need to be linked together, we suggest starting the analysis upstream with the West Mary's Creek Regional Detention, then, proceeding downstream reflecting the benefits of upstream facilities. In general, these drainage improvements will result in lower peak discharges and flood stages and will impact the performance of downstream improvements. G:\I 110\HHENGLFLORES\Ltr-3 Hargrove 1 .doc Mr. Doug Kneupper, P.E. City of Pearland Page 2 July 9, 2004 Revised August 10, 2004 Current FEMA mapping will have to be updated. One important note is that the amount of storage in the regional detention basins is generally split between mitigating new development and resolving existing flooding. Approximately 50% of the storage volume is used for existing flooding issues. The modeled regional detention facilities will reflect this usage. We recommend running the analysis for the 3-, 10-, 50-, 100- and 500-year frequencies. The following is a detailed summary of the Phase I Scope of Work of the project. The City of Pearland will be involved in each milestone of the project. Comments will be incorporated before continuing on subsequent milestones. CLOMR SCOPE OF WORK mo Conditional letter of Map Revision (CLOMR) Site Visit - This task consists of going out to the field and walking the detention sites, channel and existing structures. Pictures will be taken along the channel and other areas of interest. Any unusual features will be noted. Project Management and Coordination- Meetings with the City of Pearland (COP) are anticipated on a frequent basis to keep the project running smoothly. There are expected to be three (3) status meetings during the project. Time for project management and internal Qa/Qc are included in this task. o Hydrologic and Hydraulic Modeling - Using existing hydrologic and hydraulic models, the benefits of regional detention, impacts of channel and crossing improvements will be determined. Peak flow and peak stages decreases along Mary's Creek will be quantified. Regional Detention will be incorporated into the HEC-1 models and an updated HEC-2 model will be run to develop updated water surface elevations. Finally, a HEC-2 floodway analysis with the lower peak flows will be computed. Prepare FEMA forms - Prepare FEMA forms required for a Conditional letter of map revision (CLOMR) and obtain concurrence from local flood plain administrator. 5. Preliminary Report - Summary findings and recommendations. G:\I 110MiHENGkFLORES\Ltr-3 Hargrove 1 .doc Mr. Doug Kneupper, P.E. City of Pearland Page 3 July 9, 2004 Revised August 10, 2004 A report that summarizes the utilized modeling methodology and results of the regional detention, channel and SH 35 improvements will be submitted. The recommended regional detention, channel and SH 35 improvements, as well as exhibits and tables that summarize the results are presented here. A preliminary floodway, 100- and 500- year flood plain mapping will be prepared. o Other Directs Costs - This task includes costs due to mileage, supplies, messenger deliveries, two copies of draft report, and three copies of final report. o FEMA fees- As required by FEMA there is a $ 4,000 fee for application review. This fee is $ 4,000 and should be paid directly by the City. COMPENSATION We propose to provide the above engineering services for a lump sum fee of $37,520.00. The attached spreadsheet provides the estimated personnel categories and hours required to provide the services. PROJECT SCHEDULE Dannenbaum Engineering Corporation is prepared to begin work immediately after execution of the contract and notice to proceed. The proposed schedule is as follows: CLOMR - 90 days after Notice to Proceed We appreciate the opportunity to present this proposal and to continue working with the City of Pearland on this important project. If you have any questions or require additional information, please do not hesitate to call me at (713) 527-6365. Sincerely yours, DANNENBAUM ENGINEERING CORPORATION Ale~adro C. Flores, P.E., CFM Senior Project Manager Attachments G:\I 110M-IHENG~FLORES\Ltr-3 Hargrovel .doc 0 ~o © 0 0 I-