R2005-0067 04-25-05 Failed Failed
4~25~05
RESOLUTION NO. R2005-67
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 LJA ENGINEERING & SURVEYING,
INC., FOR ENGINEERING SERVICES ASSOCIATED WITH
IMPLEMENTATION OF THE CITY'S REVISED DRAINAGE DESIGN
CRITERIA.
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 LJA
Engineering & Surveying, 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 LJA Engineering & Surveying, Inc., for
engineering services associated with implementation of the City's revised drainage design
criteria.
PASSED, APPROVED and ADOPTED this the ~ day of ,
A.D., 2005.
ATTEST:
TOM REID
MAYOR
YOUNG LORFING, TRMC
CITY SECRETARY
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 LJA Engineering & Surveying, 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: Prepare a report evaluating the impacts changes made to
the City of Pearland Storm Drainage Design Criteria Manual, revised March 2004, will
have on existing detention ponds and their outfall structures.
Engineer Fee Basis of Compensation
LJA Engineering & $45,250.00 Lump Sum
Surveying, Incorporated
Reimbursable Expenses $1,000.00 ApproVed InVOice
Maximum contract Amount $46.,250.00
* 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 Report: 60 days after Notice to Proceed
Attachments: Proposal, Scope of Services and 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 reasonablenelss
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 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 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 Co.ntract. 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 11th day of Apdl, 2005.
CITY OF PEARLAND
LJA Engineering & Surveying, INC.
Bill Eisen
City Manager
By:
Printed Name:
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 purp(Jses
and consideration therein expressed.
GIVEN UNDER MY HAND AND SF. AL OF OFFICE THIS DAY
Of , A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Pdnted Name:
My Commission Expires:
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
.., A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Pdnted Name:
My Commission Expires:
"Client Copy"
LJA Engineering & Surveying, Inc. ~,~
2929 Briarpark Drive Phone 713.953.5200
Suite 600 Fax 713.953.5026
Houston, Texas 77042-3703 www,ljaengineering.com
March 31, 2005
PROPOSAL
Mr. Andrew P. Gallagher, P.E.
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re:
Proposal for Engineering Services
For Evaluating Benefits of Revising
To Detention Pond Outfall Designs
To Meet Revised City of Pearland Criteria
City of Pearland, Brazoria County, Texas
LJA Proposal No. 04-315
Dear Mr. Gallagher:
Based on my meeting with you and Doug Kneupper on December 21, 2004, we are submitting this
revised proposal to consider and evaluate the benefits versus the cost of the revisions to the City of
Pearland Storm Drainage Design Criteria (SDDC). Manual that was effective March 2004. The following
significant changes were made to the SDDC:
1. Increasing the 100-year, 24-hour rainfall depth from 12.9 to 13.5 inches,
2. Adding a requirement for sizing detention pond outfall structures to insure the 3-year
pre-developed runoff rates are not exceeded, and
3. Accounting for antecedent rainfall by multiplying all developed Runoff Coefficients
("C" values) used in the rational method equation be 1.05.
We understand that the City is now in the contract negotiation stage with our company and we are
pleased to submit this proposal for engineering services related to evaluating the benefits and costs of
revisions to the SDDC. Our analysis will establish a "measurable impact" of using the March 2004 SDDC
when compared with results using the September 2000 SDDC, and will present alternatives for reducing
this impact. The "measurable impact" will consider two things: the maximum water surface elevation in a
detention pond, and the maximum release rate from the pond for the 3-, 10-, and 100-year event. The
maximum water surface elevation and the peak release rate and/or the combined peak flow in the outfall
channel will be compared with existing conditions. The cost of improvements to return the system to the
existing condition levels will then be calculated.
We propose the following specific services and corresponding fees in accordance with the attached
Professional Services Agreement (PSA).
O:\PROPOSAL\2005\City Of Peadand\Pearland-pro_04-315 revl.doc
Mr. Andrew P. Gallagher, P.E.
March 31, 2005
Page 2
Scope of Services
1. Evaluate the Impact of the Increased 100-Year Rainfall on Existing Sites.
With the consensus of City staff, select four or five sites in either the Hickory or Marys Creek
watershed:
Determine the rainfall runoff from each site for both pre-developed and developed
conditions using the 3-, 10- and 100-year, 24-hour rainfall from the September 2000
SDDC.
Perform the same calculations using the 3-, 10-, and 100-year, 24-hour rainfall from the
March 2004 SDDC.
Using the runoff from "a." and "b.", compute the corresponding water surface elevations
in the out-fall channels.
Using City of Pearland topography, current aerial photographs and limited field
reconnaissance, determine the impact of any higher water surface elevation on any
existing structures.
e. Document the results of the analysis.
2. Determine the Cost of Improvements to Mitigate the Impact Determined in (1).
Determine the optimum cost of eliminating the impact of the new criteria by accomplishing the
following:
ao
For each site evaluated in (1), determine two or three alternative measures for eliminating
the impact of the new criteria. The measures can include both structural and non-
structural options (e.g. channel improvements, regional detention, on-site detention)
Compute a preliminary construction cost for each alternative.
Co
Determine the amount of land needed for each alternative and, using information from
Brazoria County Appraisal District, estimate the land cost for each alternative.
do
Determine the total cost (construction cost plus land cost) for each alternative to establish
the least expensive alternative. This would include any buy-out costs if that was an
alternative.
e. Document the results.
3. Establish the Benefits versus the Cost of Implementing the March 2004 SDDC
Determine a Benefits/Cost ratio for each of the study sites. Document the results of the analysis
for review by City staff. After review by City staff, prepare a formal letter report detailing the
analysis and results for presentation to City Council.
O:\PROPOSAL~2005\City Of Peadand\Peadand-pro_04-315 rev1 .doc
Mr. Andrew P. Gallagher, P.E.
March 31, 2005
Page 3
Compensation
The compensation for the items of work proposed in the Scope of Services will be on a lump sum basis,
plus reimbursable expenses, and will be in accordance with the attached Professional Services
Agreement (PSA). The proposed lump sum fees are as follows:
Description
Fee
1. Evaluate the Impact of the Increased 100-Year Rainfall
$ 22,650.00
2. Determine the Cost of Improvements to Mitigate the Impact
$18,350.00
3. Establish the Benefits versus the Cost
$ 4,250.00
Total Fee: $ 45,250.00
Any additional tasks requested by the City, which are not included in the Scope of Services described
above, will be provided on a time and material basis.
These fee~ do not include reimbursable expenses and fees. We recommend a budget of $1,000.00 be
set for the actual reimbursable expenses such as mileage, reproduction, etc.
Terms of Payment
Payment for the above mentioned services will be made on a monthly basis by the City of Pearland
based on the schedule in the attached PSA. We are ready to start work upon receipt of your written
authorization and we anticipate that we can complete the work in approximately to sixty (60) calendar
days thereafter.
If this proposal meets with your approval, please execute both copies of this proposal and attached PSA,
returning one copy to our office, and keeping the other for your records.
We appreciate the opportunity to be involved with your project.
Sincerely,
Manager, Hydrology and Hydraulics
APPROVED FOR
CITY OF PEARLAND, TEXAS
By:.
Name:
Title:
Date:
Attachment
O:\PROPOSAL~2005\City Of Peadand\Pearland-pro_04-315 rev1 .doc