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R2005-0085 05-09-05 RESOLUTION NO. R2005-85 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 DANNENBAUM ENGINEERING CORP., 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 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 engineering services associated with implementation of the City's revised drainage design criteria. PASSED, APPROVED and ADOPTED this the 9th day of May A.D., 2005. cl:::::))1,11 TOM REID MAYOR ATTEST: UNG , T j Y S-' 'ETARY APPROVED AS TO FORM: 0a4A--% n• A - DARRIN M. COKER CITY ATTORNEY • EXHIBIT CITY OF PEARLAND STANDARD AGREEMENT. FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Dannenbaum Engineering Corporation (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 an Engineering Report that will evaluate the impact changes to the Storm Drainage Design Criteria Manual have on existing detention ponds and their outfall structures. Make recommendations for the best methods to retrofit existing ponds and outfall structures to comply with the revised criteria. Engineer/Subconsultant(s) Fee Basis of Compensation Dannenbaum Engineering $42,000.00 Lump Sum Corporation Maximum Contract Amount $42,000.00 * 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: 90 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 C`ontract. 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. Unless otherwise agreed upon,_ _- _ the method of compensation shall be one of the following methods 1 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 lurrip 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 an 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 low 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. - - - - 2 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. 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 3 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 tot e- 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 kindfor whichEngineer is legally liable, including all expenses of litigation, court costs, and ` _ _ 4 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 9th day of May 2005. CITY OF PEARLAND DANNENBAUM ENGINEERING CORP. By: Bill Eisen Printed Name: -City Manager 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 bf , A.D., 20 - NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS •- -Printed 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 - -- . NOTARY PUBLIC IN AND FOR THE -- - -- -- STATE OF TEXAS Printed Name: My Commission Expires: - - 6 • • May 2, 2005 Mr. Andy Gallagher,P.E. Assistant City Engineer - • City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Proposal To Assist City of Pearland In Evaluating&Implementing Revisions To Detention Pond Outfall Designs Dear Mr. Gallagher: This is a letter proposal in response to your letter dated April 15, 2004, RE:Request For Qualifications To Assist City of Pearland In Evaluating & Implementing Revisions To Detention Pond Outfall Designs, and fax dated April 26, 2005.. Dannenbaum is pleased to submit a proposal for this study. However, the project will undoubtedly pose a number of challenges. These challenges are described below: Methodology Changes _ == _ In addition to changes in design frequencies, rainfall depths and runoff coefficients the -, revised SDDC manual also includes changes in the design methodology. Most of these changes are the result of the addition of Figure 6-1, Hydrologic Method Determination- Mitigation Analysis. Also, the equations in Appendix A of the manual have changed. - - This makes more challenging the process of trying to isolate the impact to a_particular detention basin design due to the change of a single criterion. Without the detailed calculations for the existing design,this process would be difficult. - - - - Outlet Changes Require Moire Storage Volume Even without the other changes to the manual, it is very likelythat adding a 3-year outlet=_ to the existing detention basin will require more storage volume than is-currently - available in the detention basin. Therefore,if the impact of the outlet change needs to be__ isolated, two separate analyseswill be needed: one to analyze the-impact of the outlet - --_ change and the other to analyze the impact of the other criteria:changes Retrofits Could be Expensive _ _. Mr. Andy Gallagher, P.E. • City of Pearland Page 2 May 2, 2005 Attached is a technical paper that describes various ways to retrofit existing detention facilities. The paper points out that these methods have been used in other U.S. Cities. Furthermore, the methods presented in the paper are geared toward minimizing revisions to the existing structure. These methods include: • Placing a structure in front of the existing outlet. For example a headwall with a V-shaped cut in it could be used to reduce the amount of flow through the existing structure. • Placing a restrictor pipe inside the existing outlet. This would likely require building a separate outlet at a higher elevation. As pointed out above, changes to the existing outlet structure would likely require that more storage volume be added to the existing detention basin. Because most developers usually try to minimize the amount of land used for detention, adding more storage to an existing facility may pose a challenge due to the lack of available undeveloped land. Furthermore, purchasing developed land would likely make the retrofit cost prohibitive. Therefore, the only option in most cases would be to excavate the existing detention basin deeper. This could also pose problems due to depth constraints, which would lead to a costly pumped detention facility. The cost of additional storage (including land _ purchases, additional excavation-and possibly pump stations) and changes to the outlet structure should be weighed against the expected flood reduction benefits to determine whether changes to the existing design are merited. Funding Challenges _ Funding of any proposed retrofits to existing detention basins will likely have its own set — — of challenges. The most likely candidate to pay for the retrofits is the City. Municipal Utility Districts and Homeowners Associations are usually the legal owners of private detention basins. However, they do not likely have an incentive to pay for changes to the basins and would probably have to be persuaded into helping out with the costs. - ----------- - - ---------- Given these challenges, we have outlined the tasks involved in the analysis of retrofitting a detention basin for typical, small, medium and large projects as defined in the SDDC- manual. Small Projects To evaluate a single existing small project site (projects 2 acres or smaller), whether- we commercial or residential propose the followingscope of work: — - - - P p - — - - - -- 1) Obtain copies of record drawings for the project and any associated drainage _. reports. - - -- - Mr. Andy Gallagher,P.E. - City of Pearland Page 3 May 2, 2005 2) Conduct a field visit of the site. ' • 3) Assuming the project is not eligible for regional detention, compute the required volume using 0.65 ac-ft. per acre and size the detention outlet based on Section 8.3.2 of the SDDC manual. • 4) Evaluate feasibility, cost and terms of retrofit. - 5) Write a brief summary report. It should be pointed out that small projects as defined in the SDDC manual would not be affected by any of the recent changes to the manual regarding rainfall amounts or C- factors, because the detention volume is based on:a flat 0.65 ac-ft per acre. -However, changes to the detention outlet may be required due to the additional requirement-to match 3-year undeveloped peak discharges. E Medium Projects To evaluate a single existing medium project site (projects larger than 2 acres, but less than 30 acres), whether commercial or residential we propose the-following scope of- work: 1) Obtain copies of record drawings for the-project and any_associated--drainage reports. 2) Conduct a field visit of the site. - - - 3) Evaluate the need to analyze the impact of detention changes to the receiving=- stream. _ 4) Assuming there is no need-to analyze receiving-stream-impacts,=evaluate the - project detention needs based on the methodology presented_in Appendix A of the=-_ SDDC manual. 5) Size the detention outlet based on Section 8.3.2 of the SDDC manual. 6) Evaluate feasibility, cost and-terms of retrofit._ . 7) Write a brief summary report. _ - - The attached man-hour estimate does not include time for=analyzing 'receiving stream = _ impacts. Mr. Andy Gallagher,P.E. - City of Pearland Page 4 May 2, 2005 • Large Projects To.evaluate a single existing large project site (projects larger than 30 acres), whether commercial or residential we propose the following scope of work: 1) Obtain copies of record drawings for the project and any associated drainage reports. - - 2) Conduct a field visit of the site. 3) Evaluate the need to analyze the impact of detention changes to the receiving stream. 4) Evaluate whether the rational method is applicable(project less than 200 acres). 5) Assuming there is no need to analyze receiving stream impacts and the rational method is applicable, evaluate the project using the Small Watershed Method as outlined in Section 6.2 of the SDDC manual. 6) Evaluate feasibility and terms of retrofit. 7) Write a brief summary report. - The attached man-hour estimate does.not include time for analyzing receiving stream - impacts or analyzing projects where the rational method is not applicable. {' Man-hour estimates are attached for each type (Small, Medium, and Large) of project. These estimates would be applicable for both residential and commercial developments: Based on your letter dated April 15, 2004 a total of ten-(10) retrofit investigations will be - - - - - made as-follows:- -_ -- ----------- ---- --- -- -- -- - -- -- - j — - F Sites Effort/Site EffortSmall Sites(1 Residential) 1 - - 36 h _ --36 h -- . Medium Sites(2 Residential) - -2 _ =50 h_ _ - 100 h __ _ Large Sites-(2 Residential/2Commercial)_ __4 - 70 h - 280 h - -- - A budget for seven(7) sites will be approximately $41,600. Mr. Andy Gallagher,P.E. - City of Pearland Page 5 May 2, 2005 • • We appreciate the opportunity to submit this proposal. If you have any questions or comments regarding this letter proposal you may contact me at(713) 527-6365. Sincerely, DANNENBAUM ENGINEERING CORPORATION - - - - Alejandro-C. Flores,P.E., C.F.M. Senior Project Manager ----- ------- ----