R2004-208 12-13-04 RESOLUTION NO. R2004-208
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 LJA ENGINEERING
AND SURVEYING INC. FOR ENGINEERING SERVICES ASSOCIATED
WITH EVALUATING THE IMPACTS OF THE CITY'S REVISED DRAINAGE
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 and 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 and Surveying Inc., for
engineering services associated with evaluating the impacts of the City's revised drainage
criteria.
PASSED,APPROVED and ADOPTED this the day of
A.D., 2004.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
CITY OF PEARLAND 6�
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 Strom Drainage Design Criteria Manual, revised March 2004, will
have on existing detention ponds and their outfall structures.
Engineer/Subconsultant(s) Fee Basis of Compensation
LJA Engineering & $37,250.00 Lump Sum
Surveying, Inc.
Maximum Contract Amount $37,250.00
* 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 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:
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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 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.
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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
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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.._
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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.
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EXECUTED and EFFECTIVE as of the 13th day of December, 2004.
CITY OF PEARLAND LJA Engineering &Surveying, Inc.
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
Of , 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
, A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
"LJA Copy"
LJA Engineering & Surveying, Inc. LA
2929 Briarpark Drive Phone 713.953.5200
Suite 600 Fax 713.953.5026
Houston,Texas 77042-3703 www.ljaengineering.com
November 16, 2004
PROPOSAL
Mr. Andrew P. Gallagher, P.E. •
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Proposal for Engineering Services
For Evaluating and Implementing Revisions
To Detention Pond Outfall Designs
City of Pearland, Brazoria County, Texas
LJA Proposal No. 04-315
Dear Mr. Gallagher:
Based on our recent telephone conversation we understand that the City of Pearland (City) is
ready to begin evaluating and implementing revisions to detention pond outfall designs based
on the following significant changes to the City of Pearland Storm Drainage Design Criteria
(SDDC). Manual that was effective March 2004:
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 and
implementing the changes to the SDDC. We propose the following services and corresponding
fees in accordance with the attached Professional Services Agreement(PSA).
Scope of Services
1. Evaluate the Impact of the Increased 100-Year Rainfall on Existing Detention
Ponds
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With the consensus of City staff, select one typical residential subdivision and one
typical large commercial site and evaluated according to the following approach:
a. Determine the rainfall runoff from each site for both pre-developed and
developed conditions using the 100-year, 24-hour rainfall from the September
2000 SDDC.
Co
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Mr. Andrew P. Gallagher, P.E.
November 16, 2004 •
Page 2
b. Perform the same calculations using the 100-year, 24-hour rainfall from the
March 2004 SDDC.
c. Develop synthetic hydrographs for all four cases and compute the volume
difference between the pre- and post-development hydrographs for the
September 2000 and March 2004 criteria
d. Document the results of the analysis.
2. Analyze the Effectiveness of Existing Detention Facility Outfall Structures for the
3-Year Event
Review the effectiveness of existing detention facility outfall structures for the 3-year
event by accomplishing the following:
a. From the City, obtain several sets of construction plans and related drainage
studies that were prepared using the September 2000 SDDC.
b. Compute the 3-year pre- and post-development runoff rate for these sites
c. Evaluate the effectiveness of the existing detention facility in detaining the 3-year
developed runoff to pre-development rates
d. If a facility does not function properly for the 3-year event, analyze several
options for retrofitting the existing outfall structure so that it will comply with the
March 2004 SDDC.
e. Document the results of analyzing the effectiveness of existing detention facility
outfalls for the 3-year event and prepare a scope of work that will be needed to
retrofit a typical residential and a typical commercial detention pond outfall.
Discuss the feasibility of retrofitting the ponds and make recommendations for
implementing the changes
3. Analyze the Impact of Increasing the Rational Method Runoff Coefficient ("C") by
Five Percent
The impact of increasing the Rational Method Coefficient ("C") will by analyzed
according to the following approach:
a. From the City, obtain several drainage/detention studies that were prepared
using the September 2000 SDDC.
b. Compute the required detention storage for these sites using the March 2004
SDDC. Compare the results with those from (a).
c. Document the results of the analysis for review by City staff.
O:\PROPOSAL\2004\City of Pearland\04-315 CityofPearland\04-315pro.doc
Mr. Andrew P. Gallagher, P.E.
November 16, 2004
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. Evaluation of the Impact of Increased 100-Year Rainfall $ 5,650.00
2. Analysis of Existing Detention Facilities for 3-Year Event $ 26,350.00
3. Analysis of the Impact of Increasing "C" $ 4,250.00
Total Fee: $ 36,250.00
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 fees 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 forty-five (45) 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,
APPROVED FOR
CITY OF PEARLAND, TEXAS
Carolyn S. illigan, P.E.
Manager, Hydrology and Hydraulics By:
Name:
es E. Moehlman, P.E. Title:
enior Vice President
Date:
Attachment
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