R2006-127 08-21-06
RESOLUTION NO. R2006-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO VARIOUS CONTRACTS FOR PRELIMINARY ENGINEERING
SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND
ELECTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contracts, copies of which are attached hereto as Exhibits
A, B, C and D and made a part hereof for all purposes, are hereby authorized and
approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest various contracts for preliminary engineering services
associated with the anticipated 2007 Bond Election.
PASSED, APPROVED and ADOPTED this the 21st day OrUgUst I A.D., 2006.
, J~ ~
T<51VfFfE I D
MAYOR
ATTEST:
APPROVED AS TO FORM:
0~ - 11~~
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
Exhibit "A"
Resolution 2006-127 8121106
I ,
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and James Carroll Kell - Landscape Architect (hereinafter
"Engineer") as follows: ", (I, '~',:y'1 -o!-' , i \ ~
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1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
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Description of Project: Provide landscape architectural services on the soccer
complexes to be constructed in the proposed Hickory Slough Detention Pond.
EnQineer/Subconsultant( s) Fee Basis of Compensation
James Carroll Kell - $11,375.00 Lump Sum
Landscape Architect
Maximum Contract Amount $11,375.00 Lump Sum
* 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 plans, specifications and estimates: See attached schedule.
Attachments: Scope of Services & Cost Summary - Exhibit A
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
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.
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 (1/2%) 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.
3
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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone 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. Indemnitv. 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. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq 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.
5
EXECUTED and EFFECTIVE as of the 21 sl day of August, 2006.
CITY OF PEARLAND
ENGINEER
Bill Eisen
City Manaqer
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By:
Printed Name:
Title:
STATE OF TEXAS
COUNTY OF b ro::loc leA.
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
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 d.-\ 'sT DAY OF
AUJf I ~+ ' A.D., 2006.
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GIVE~ UNDER~MY HAND A~9 SEAL OF OFFICE THIS ~ DAY OF
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6
II-I James Carroll Kell
Landscape Architect. Inc.
--
CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN
JAMES CARROLL KELL - LANDSCAPE ARCHITECT, INC. aCK)
AND THE CITY OF PEARLAND, TEXAS (CLIENT)
I. PROJECT
The project is a soccer complex to be constructed in the proposed Hickory Slough
Detention site, a 63.710 acre tract in Pearland, Texas, bounded on the east by Max
Road, on the south by Hickory Slough, on the west by a drainage ditch and on the
north by an existing canal.
II. SCOPE OF SERVICES
A. BOND ELECTION COST ESTIMATE
Based on the Conceptual Site Development Plan and cost estimate for the
subject site dated 7/20/06, JCI<: will prepare a revised detailed cost estimate for
the phase 1 facilities of the soccer complex as described below, such estimate to
be provided to the Client by October 1, 2006. The estimate is for the purpose of
inclusion in a City of Pearland bond election to be held at a future date. A
revised estimate of the Phase 2 facilities (see list below) will also be provided, but
separate from the Bond Election Cost Estimate.
The Conceptual Site Development Plan described above was not based on actual
engineered detention facility plans, since none existed at the time. It is jCK's
understanding that a detention facility design will be prepared and be available to
JCI<: in sufficient time prior to October 1, 2006 for the existing site development
plan to be modified to fit the detention plan should such be necessary. Should
major modifications to the Conceptual Site Development Plan be necessary as a
result of the engineer's detention design, such design modifications will be
performed as an extra service.
In preparing the estimate, JCI<: may prepare design development sketches should
any be deemed necessary. Such sketches, if prepared, will not be part of the final
submittal to the Client. Only the cost estimate will be submitted.
These services include two meetings between JCK and the Client.
The following is jCI<:'s understanding of the Phase 1 items to be included in the
cost estimate:
Site drainage system, site grading, soccer fields (unlighted), parking (229
spaces), one picnic shelter with tables, individual picnic tables, walkways,
drinking fountains, trash receptacles, park sign, restroom/concession
buildings, temporary maintenance access road, perimeter security fencing,
page 1
21 10 Briargreen Dri,.e . Houston, Te;;:as 77077
832/379-0482 . ia'\: 832/379-1468
jkell@houston.n.com
II-I James Carroll Kell
Landscape Architect. Inc.
~-
security lighting.
The following is ]CK's understanding of the items to be included in Phase 2:
Soccer field lighting, additional parking lot lighting, one picnic pavilion with
tables, a large covered pavilion, walkways for access to pavilions, playground,
remainder of on-site parking.
]CK will subcontract with the firm of Carter & Burgess, Civil Engineers, who
will provide the estimate for the site drainage system, and with the firm of Levy
Associates, Architects who will provide the estimate for the
restroom/ concession buildings. Each sub consultant will attend one meeting
with the Client.
B. EXTRA SERVICES
Any services requested by the Client in addition to those outlined above will be
charged as an extra service. Additional services pertaining to items specifically
described herein as being part of ]CK's scope of services but required because of
extraordinary unanticipated circumstances (greatly increased scope of project,
etc.), or any work occasioned by changes requested by the Client after prior
approval has been given for those services will also be charged as extra services.
III. FEES AND EXPENSES
A. FEES
The fees for services to be performed by ] CK and its sub consultants as
described above will be as follows:
]CK:
Carter & Burgess:
Levy Associates:
$4,700.00
$4,800.00
$1,875.00
Total Fee:
$11,375.00
B. EXTRA SERVICE FEES
Extra services, if performed by ] CK, will be charged on an hourly basis for the
time expended in the execution of the services at $80 per hour.
page 2
2110 Briargreen Dri\'e . Houslon, Texas 77077
832;'379-0482 . fa., 832/379-1468
.ikell@houston.rr.com
II-I James Carroll Kell
._ Landscape Architect. Inc.
C. REIMBURSABLE EXPENSES
In addition to fees, ] CK shall be reimbursed at his cost for such expenses
attributable to the services as prints and other reproduction charges, deliveries,
and in-house computer plots at $5 each for black & white and $15 each for color.
Mileage incurred for the use of staff automobiles shall be charged at the rate of
$.45 per mile. ]CK estimates that reimbursable expenses should not exceed
$200.
D. PAYMENT SCHEDULE
Fees will be billed monthly based on a percentage of the total services that have
been completed. All fees and reimbursable expenses shall be payable upon
receipt of the invoice. An interest rate of 6% per annum shall be applicable to all
unpaid amounts at least 30 days past the invoice date. In the event that it
becomes necessary for ]CK to retain an attorney to assist with the collection of
fees, reasonable attorney's fees and court costs may be charged to the Client in
addition to ]CK's outstanding fees, expenses, and interest.
E. ESCALATION
In the event that all semces to be performed under this contract are not
completed by]anuary 1, 2007, ]CK shall have the right to adjust the hourly fee
rate and any flat fees in accordance with increased overhead costs or inflation
rates after written notice to the Client.
IV. TERMINATION
If any work] CK performs is abandoned in whole or in part through no fault of J CK,
]CK is to be paid for the services performed prior to receipt of written notice from the
Client of such abandonment or suspension together with reimbursements then due.
This Agreement may be terminated by either party upon receipt of written notice five
(5) days prior to the effective date of termination should the other fail substantially to
perform in accordance with its terms through no fault of the other. In the event of
termination due to the fault of other than James Carroll Kell - Landscape Architect,
Inc.,JCK shall be paid for services then due. This Agreement shall not be regarded as
terminated until all the outstanding fees and expenses have been paid in full.
V. LIABILITY
While ]CK warrants that it is capable of, and will perform the services described herein
in a professional manner, the Client understands that ]CK carries no professional
liability insurance for errors and omissions because of the prohibitively high cost of
such insurance. However, ]CK will be responsible to the Client for substantiated
claims of unsatisfactory service up to the total amount of fees specified in this
page 3
2110 Briargreen Drive . Houston. Texas 77077
832/379-0482 . ia'\: 832/379- 1468
jkell@houston.lT.com
II_I James Carroll Kell
Landscape /\fchitect. rnc.
.-
Contract.
VI. SUCCESSORS AND ASSIGNS
The Client and] CK each binds themselves, their partners, successors, assigns and legal
representatives to the other party of this Agreement and to the partners, successors,
assigns, and legal representatives of such other party in respect to all covenants of this
Agreement. Neither the Client nor ]CK shall assign, sublet or transfer their interest in
this Agreement without the written consent of the other.
VII. STATEMENT OF JURISDICTION
The Texas Board of Architectural Examiners has jurisdiction over complaints
regarding the professional practices of persons registered as landscape architects in
Texas. Contact the Texas Board of Architectural Examiners at P.O. Box 12337,
Austin, TX, 78711-2337, 512/305-9000.
If this agreement is not signed and returned to] CK within 90 days, the offer to
perform the described services may, in ]CK's sole discretion, be withdrawn and be null
and void.
ACCEPTED THIS 7th DAY OF AUGUST, 2006 FOR
JAMES CARROLL KELL - LANDSCAPE ARCHITECT, INC.
As indicated by my signature below, I certify that I am authorized to execute this contract on
behalf of CITY OF PEARLAND, TEXAS.
BY:
Signature
Typed or Printed Name
Date
page 4
2110 Briargreen Drive. Houston. Texas 77077
832/379-0482 . fax 832/379-1468
ikellrahouston.1T. corn
Exhibit "B"
Resolution 2006-127 8/21/06
CITY OF PEARLAND ' i "fJ
STANDARD AGREEMENT --"ro"') i . () 0'"
FOR ENGINEERING SERVICES \/ C () ,y1" /:\-r \ "'':; \" '"
/~o' 'C u rsy -l!)
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This Contract (Contract) is made between the City of Pearland, Texas .1 0'-: ,/'
(hereinafter "City"), and Clark Condon Associates (hereinafter "Engineer") as follows: ~ oy "
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide architectural services for the schematic design and
cost estimate for the Independence Park Improvements.
EnQ i neer/Su bcons u Itant( s) Fee Basis of Compensation
Clark Condon Associates $40,000.00 NTE
Maximum Contract Amount $40,000.00 NTE
* 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 plans, specifications and estimates: See attached schedule.
Attachments: Scope of Services & Cost Summary - Exhibit A
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
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.
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 (1/2%) 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
3
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 anyone 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
4
injury or death of anyone 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. Indemnitv. 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. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq 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.
5
EXECUTED and EFFECTIVE as of the 21 sl day of August, 2006.
CITY OF PEARLAND
ENGINEER
By: L~
Printed Name: Bill Eisen
Title: City Manaqer
STATE OF TEXAS
COUNTY OF ~\{"\.d-orl ("--.....--
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
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 ,) l $+
AUClH \-t- ,A.D., 2006.
1
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6
August 8, 2006
Doug Kneupper
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Independence Park
Dear Doug:
Weare pleased to make this proposal for landscape architectural design and park planning
services associated with the proposed improvements for Independence Park in Pearland, Texas.
For the purposes of this proposal, you will be referred to as the Client and Clark Condon
Associates, Inc. as the Landscape Architect.
SCOPE OF WORK-
Clark Condon Associates, Inc. will provide comprehensive design services for the master
planning of Independence Park for the City. Services that will be included in this scope of work
are as follows:
MASTER PLAN - CCA will work closely with the Client to refine the various plans
previously prepared for this park. New information will be incorporated into the planning
work, e.g., new Parks and Open Space Master Plan, plans for Natatorium and/or Community
Center, and input from the City. The scope items to be included in this phase are as follows:
a. Visit the site and become familiar with the opportunities and constraints.
b. Review newly completed Parks and Open Space Master Plan and survey.
c. Analyze and assess site access and circulation alternatives.
d. Establish a stakeholder group that will be involved throughout the design phase.
e. Conduct one workshop with stakeholders to "brainstorm" about Independence Park
improvements. Develop a program from this workshop and priorities. Confirm program
and priorities in follow-up meeting with staff.
f Meet with any special interest groups as requested by City.
g. Design options will begin with general site plan layouts based on all input received
during meetings with staff, stakeholders, Council, Parks Board. After presentation of
options, Clark Condon Associates will refine options based on input and narrow down to
one solution. At this stage, we will include phasing and cost estimates.
h. During the design process we will evaluate TP&W elements and associated points for
possible grant submittal.
L Character sketches and images to illustrate the overall park theme.
J. Geotechnical investigation to assess soils, 5 borings are included in this scope.
Product:
Deliverable:
Schedule:
Rendered plans and sketches.
Five (5) copies black and white, one rendered set of plans and/or booklet.
The scope of work will be completed in full by October 31, 2006.
("Iarl.. ('ondon llsso(.illt(.S
LANDSCAPE ARCHITECTS
10401 STELLA LINK ROAD HOUSTON TEXAS 77025
PHONE: 713.871.1414 FAX: 713.871.0888 www.clorkcondon.com
Page 2
FEE - The total fee for this project is a lump sum based upon the estimated time for professional
services as outlined below, plus reimbursable expenses.
Master Plan
Site Analysis/Project Start Up/Stakeholder Meetings
Design Options
Final Master Plan
Estimated Reimbursables
Subtotal
$ 7,000.00
$12,500.00
$ 8,500.00
$ 7.500.00
$35,500.00
Additional Services
Geotechnical
$ 4,500.00
GRAND TOTAL
$40,000.00
REIMBURSABLE EXPENSES - The Client shall pay the Landscape Architect for the cost of
out of town travel expenses, mileage, printing, long distance telephone calls, and other directly
related costs. All expenses will be billed at cost plus 15%.
PROJECT ASSUMPTIONS - Preliminary design work will utilize a combination of existing
base information and site aerials.
EXTRA SERVICES - Additional services, if requested by the Client, will be considered as extra
services and be billed hourly at the rates listed below.
Principal
Senior Associate
Project Manager
Designer
Associate
Assistant Project Manager
Project Staff
Administrative
$ 145.001hour
$1 15.001hour
$100.00Ihour
$lOO.OOlhour
$80.00Ihour
$75.00Ihour
$65.00Ihour
$55.00Ihour
BILLING - Billing shall be monthly based on the portion of the total estimated fee. Invoices
shall be due upon receipt. A service charge equal to six (6) percent will accrue on all unpaid
sums beginning thirty (30) days after billing date.
TERMINATION - If the Client should decide to terminate this Agreement, he shall give Clark
Condon Associates seven (7) days written notice and shall pay for all services rendered to the
date of termination. Clark Condon Associates, Inc. reserves the right to terminate this contract
upon fifteen (15) days notice if any amount billed to client is sixty days past due.
I appreciate the opportunity to submit this proposal to you and look forward to working with you.
Sincerely,
~~~~L
--
Sheila M. Condon, F ASLA
President / Landscape Architect
APPROVED:
DATE:
(-InrI.. (.oJldoJl ilSSO(-jill('s
LANDSCAPE ARCHITECTS
-
-
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
Exhibit "C"
Resolution 2006-127 8/21/06
, 1
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Klotz Associates (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced docurl)ents
shall be a part of this Contract: D~L ~I~~.\
''; C' ;
Description of Project: Provide preliminary design engineering services for the
proposed expansion of the D. L. Smith Detention Pond.
')
,.,:
Enqineer/Subconsu Itant( s) Fee Basis of Compensation
Klotz Associates $88,269.00 Lump Sum
Maximum Contract Amount $88,269.00 Lump Sum
)
\
* 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 plans, specifications and estimates: See attached schedule.
Attachments: Scope of Services & Cost Summary - Exhibit A
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
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.
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 (1/2%) 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.
3
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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone 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. Indemnitv. 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. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq 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.
5
EXECUTED and EFFECTIVE as of the 21st day of August, 2006.
CITY OF PEARLAND
ENGINEER
STATE OF TEXAS
COUNTY OF \)(tJ.mr-i {~
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
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 d \ -st
,A U fA (I,'>+- , A.D., 2006.
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1160 Dairy Ashford. Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
hou ston. office@klotz.com
August 9,2006
Mr. Douglas Kneupper, P.E.
City Engineer
City of Pearl and
3519 Liberty Drive
Pearland, TX 77581-5416
Re: Proposal for Preliminary Design for Expansion of the D.L. Smith Detention Pond
Dear Mr. Kneupper:
Klotz Associates is pleased to submit this proposal for preliminary design for expansion of
the D.L. Smith Detention System in Pearland.
UNDERSTANDING OF THE WORK
This Work is to provide for the preliminary design of expansion ofthe existing D.L. Smith
Detention Pond System located along Pearl and Parkway, north of McHard Road, and south
and west of Clear Creek. Based upon the preliminary design, the cost for the expansion is to
be estimated and provided to the City for Capital Improvement Planning purposes.
The current D.L. Smith Detention Pond consists of an existing East Pond, located east of
Pearland Parkway, and an existing South Pond located west of Pearl and Parkway. An
existing North Pond is also located west of Pearl and Parkway and north of a pipeline right-
of-way separating the North Pond from the South Pond. The North Pond is hydraulically
isolated from the East and South Ponds and is not part of the present Work. The
approximately 16 acre East Pond is hydraulically connected to the approximately 8 acre
existing South Pond by a culvert under Pearland Parkway. Inflow and outflow to and from
the East Pond is from and to Clear Creek via a large compound weir and a 36" pipe.
Drainage from the recently constructed McHard Road also flows to the South Pond via a
surface ditch.
Klotz Associates understands that the City of Pearland desires to increase the capacity of the
D.L. Smith Detention Pond by expanding the South Pond southward, with a target increase in
storage capacity of300 acre-feet. The pond expansion must lie within available property
boundaries and not adversely impact possible wetland areas within these site boundaries.
k lot z 4~~ ass 0 c j ate 5
Mr. Douglas Kneupper, P.E.
August 9, 2006
Page 2 of8
It is our understanding that the City has a stage-discharge rating curve for the East Pond weir
and a design hydro graph for flow in Clear Creek at the point of East Pond withdrawal and
return to Clear Creek. This existing rating curve and design hydro graph are to be used as the
initial basis of design of the expansion of the D.L. Smith Pond. If study indicates that the
target expansion volume cannot be reasonably achieved without significant modification of
the weir, reconfiguration ofthe weir will be considered and an appropriately revised rating
curve will be prepared.
A preliminary design for the expansion is to be developed sufficient to 1) provide a reliable
cost estimate for construction of the pond, and 2) sufficient design features to provide the
basis for detailed design without additional hydrologic or hydraulic analysis of pond
behavior.
SCOPE OF BASIC SERVICES
Klotz Associates will perform the following basic services
Task 1. General Proiect Management and Coordination: Project startup, kickoff meeting,
weekly e-mail report on project progress, internal budget and invoice review, response to
client inquiries, and miscellaneous meetings with the City or its representatives. This task
will also include one meeting between Klotz Associates and the City to review, clarify, and
confirm project scope, schedule, understandings, and other information the City desires to
bring to our attention regarding the execution of the Work.
Task 2. Information Gathering and System Specification: Gather pertinent existing maps,
drawings, aerial photographs, and previous reports (including geotechnical and
environmental studies) pertinent to existing conditions in the vicinity of the ponds and/or
previous pond construction. The TSARP Clear Creek hydraulic models developed by others
(Dannenbaum Engineering) will be obtained and executed as necessary to 1) provide
information on Clear Creek stage conditions in the vicinity of the East Pond weir, and 2)
locate proposed TSARP floodplain boundaries in the expansion area.
Task 3. Topographic Information/Survey Coordination: It is proposed that existing
topographic and LiDAR data be used to define the topography of the expansion site for the
preliminary design purposes. Data from as-built drawings would be used to define critical
drainage structure elevations and features. Collected data would be reviewed for sufficiency
to meet to preliminary design needs. Ifit were concluded, in consultation with the City, that
the available data were insufficient for preliminary design purposes, limited field survey
would be conducted by a surveyor under contract to the City. Our cost for this task
k lot z 4~. ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 9, 2006
Page 3 of8
recognizes possible coordination activities with the surveyor, but it is our understanding that
the field survey work costs would be the responsibility of the City.
Task 4. Site Limits: The boundary on the expansion site would be determined from review of
existing property boundary records. A map of the site boundaries would be prepared. The
boundaries would be reviewed with the City and may be modified in consultation with the
City to limit site extent. This site map, with possible revisions, would also be used to
determine the boundaries for wetland condition evaluation (Task 5). The site map will also
display the TSARP floodplain boundary.
Task 5. Wetland Limitations: A qualified wetland specialist familiar with pond site area
(Berg Oliver Associates, Inc., of Houston, Texas, under contract to Klotz Associates for this
work) will be utilized to provide a Wetland Due Diligence Study of the pond site to provide
information for pond expansion design and cost. This cost of this due diligence study is
included in our proposed cost for basic services. The evaluation includes in-office evaluation
ofthe site using the infrared aerial photos and other available existing information; a field
reconnaissance with perimeter walk; and documentation of notes and general observations
during the reconnaissance. Ifpotential wetland areas are found during the site
reconnaissance, their approximate area and locations will be estimated and located on a site
map. Identified wetlands will be classified as isolated, potentially isolated, adjacent, or
potentially adjacent to jurisdictional waters of the Water of the United States; and regulatory
classification of identified wetlands will be provided. Recommendations from the Due
Diligence Study will be provided. Ifpotential wetland areas are found that would be
considered jurisdictional, Berg-Oliver will provide a letter indicating such findings; ifno
wetlands are found which would be considered jurisdictional, a letter would be provided
indicating such findings.
Task 6. Archeological Review and Cultural Resource Survey: An historical, cultural and
archeological records review (including Texas Historical Commission records) would be
conducted to determine if the expansion site possess sufficient criteria to necessitate a
detailed study that would evaluate the potential for sites of significant historical, cultural, or
archeological public value on the site. This survey would be performed by Berg Oliver
Associates, Inc., of Houston, Texas, under contract to Klotz Associates for this work.
Recommendations from the Survey will be provided.
Task 7. Subsurface Conditions: Information in the City's possession regarding the design of
the existing D.L. Smith pond and McHard Road will be obtained from the City with City
assistance. The collected information will be reviewed by a qualified specialist (Geotest
Engineering Inc. of Houston, under contract to Klotz Associates for this work) for
geotechnical data to address questions of pond side slope stability, soil excavation issues in
k lot z ~~. ass 0 cia t e s
Mr. Douglas Kneupper, P.E.
August 9,2006
Page 4 of8
pond construction, water table levels, possible pond lining, groundwater levels, and related
geotechnical issues impacting pond construction size and cost. This review and evaluation is
included in our proposed cost for basic services. If available information is judged
insufficient to provide data for to make necessary recommendations for these geotechnical
issues essential to reliable cost estimation for the pond construction, soil borings at the site
would be undertaken by a qualified licensed driller under the direction of the geotechnical
engineer. The geotechnical engineer would utilize the boring information to resolve
remaining geotechnical issues. If drilling investigation is required, the drilling and associated
analysis of drilling results would be provided as an Additional Service.
Task 8. Determine Recommended Configuration and Size: Hydraulic modeling ofthe pond
expansion of the South Pond operating conjunctively with the interconnected East Pond will
be performed to develop a recommended pond configuration and size. The pond will have a
"wet bottom" and drainage from the pond will be solely by gravity. Pond configuration and
size will recognize property boundary limitations; necessary avoidance of wetland areas, if
any; and slide slope limitations. Pond area and depth will be selected to achieve, if possible,
the 300 acre-feet active storage volume target. Hydraulic evaluation will be made initially
using the stage-discharge curve and design hydrograph provided by the City. Supplementary
data will also be drawn from the existing hydraulic model for Clear Creek in the vicinity of
the East Pond. Estimate of inflow to the pond expansion from McHard Road runoff will be
made and incorporated into the analysis for both existing and expanded pond conditions.
The hydraulic analysis will first examine existing storage behavior (for baseline purposes)
and then evaluate the proposed expanded pond system to determine whether the proposed
expansion will operate (in view of the design hydro graph) so as to provide the target
expansion storage volume of300 acre-feet during the design storm. If the increased storage
target cannot be reasonably achieved, modifications of inflow weir configuration will be
considered. Professional judgment will be exercised in investigation of the modifications to
examine.
Task 9. McHard Road Drainage Ditch: The current drainage ditch (with in-line storage)
alignment from McHard Road would be reviewed in light of potential pond expansion and its
operation as a detention facility. Preliminary review indicates that the McHard Road ditch
will require realignment. Ditch realignment and/or shortening of the ditch would be part of
the pond design if the pond expansion would affect the ditch operation. Storage
requirements currently being fulfilled by the drainage ditch would be examined in light of the
expanded pond operation, and preliminary redesign of the ditch would be provided if
appropriate.
Task 10. Demonstration of Recommended Pond Expansion Operation: The operation of the
pond recommended as a consequence Task 8 will be documented for the design hydro graph
k lot z 4~. ass 0 cia t e s
Mr. Douglas Kneupper, P .E.
August 9,2006
Page 5 of8
conditions by development and presentation of the storage and level behavior of the
expanded pond and other ponds to which it is interconnected.
Task 11. Comprehensive Cost of Pond Construction: A comprehensive evaluation of cost of
the pond construction will be provided. Cut and fill estimates for the pond expansion based
upon preliminary pond cross sections will be provided to determine excavation requirements.
Floodplain mitigation storage requirements will be determined and compared to the proposed
pond cut and fill zones. Wetland issues will be recognized, as will any archeological and
cultural issues in cost impacts. Data sources for costing of pond construction will be
documented. In addition to actual cost for the pond construction (i.e., excavation and
associated earthwork), the following additional costs will be estimated and included in the
cost estimate: Drainage structures or structural modifications necessary for pond operation;
pond features such as maintenance berms, erosion protection, and back slope drainage; storm
water pollution prevention plan for construction; environmental permits; water impoundment
permit; and detailed engineering design, including development of plans and specifications.
Reconstruction or modification, as might be necessary, of the McHard Road Ditch would be
included in the cost estimate
Task 12. Preliminarv Engineering Report: A report will be prepared which describes the
preliminary design of a recommended D.L. Smith Pond expansion. The report will generally
describe the pond features and dimensions sufficient for subsequent detail design, and its
anticipated hydraulic operation during the design hydro graph event. The report will include
a detailed cost estimate for construction of the pond expansion. Three copies of the draft
report will be provided to the City for review and comment. Upon receipt of comments and
appropriate response to those comments, a final report will be issued. Three copies of the
final report will be provided to the City. Additional copies will be provided at cost. The
final report will include an electronic digital copy of 1) hydraulic and hydrologic models
used for the preliminary design, and 2) a PDP copy of the entire report.
Task 13. Response to External Review: It is anticipated that review of reports and plans
produced in this study may be made by parties representing Drainage District No.4. (such
review is termed "external review") for the purpose of compliance to Drainage District No.4
requirements. This task provides for response to such review.
ADDITIONAL SERVICES
Should additional scope of services be required during the execution of this proj eet, the City
and Klotz Associates will negotiate such services on a task order basis. Compensation for
additional services will be in accordance with the attached rate table for labor. Other direct
project costs agreed to by the City will be reimbursed at cost plus 15%.
k lot z C~. ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 9, 2006
Page 60f8
Additional Services may include, but are not limited to:
· Wetland Delineation, USACE submittals
· Geotechnical field investigation using on-site drilling
· Other additional services
DELIVERABLES FOR BASIC SERVICES
A Preliminary Engineering Report providing a preliminary design of a recommended
expansion of the D.L. Smith Detention Pond. The report will include an estimate of the cost
for the expansion, including all components of cost anticipated as needed to implement the
expansion. Special reports resulting geotechnical investigation, wetland survey, and
historical and cultural survey, and any Additional Services will also be provided.
LIMITATIONS AND ASSUMPTIONS
The flow behavior in Clear Creek in the vicinity of the East Pond is described by a stage-
discharge curve and a design hydrograph to be provided by the City. No hydrologic analysis
of upstream runoff is to be made as part of the Work for basic services.
No evaluation of downstream or upstream impacts of withdrawals or discharges from the
D.L. Smith Detention Pond or the East Pond will be required. It will be assumed that so long
as the peak discharge to downstream reaches of Clear Creek is not increased above that of the
design hydro graph, no adverse impact from the recommended design exists.
Work under the scope for Basic Services does not include recalculation of design discharge
in Clear Creek.
In-field wetland delineations, if judged as necessary, will be performed as Additional
Services.
Geotechnical services associate with in-field soil boring, if necessary, will be performed as
an Additional Service. It is understood that existing geotechnical data used in the design of
the East and South Ponds will be used to fullest extent to provide necessary geotechnical data
for the pond expansion.
Response to requests for revision of draft reports or plans as a consequence of draft report
review made by parties other than the City or its representatives (i.e., external review) will
not be required unless also requested by the City. An allocation is provided in the summary
of fees below for the response to external review. If the external review response requires a
k lot z 4~. ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 9, 2006
Page 7 of8
level of effort in excess of this allocated amount, such level of effort in excess of the
allocated amount will be treated as an Additional Service not in the basic scope of work.
BASIC SERVICES FEES
Task 1. General Project Management and Coordination
$4,578
Task 2. Information Gathering and System Specification
$5,792
Task 3. Topographic Information/Survey Coordination
$5,330
Task 4. Site Limits
$2,832
Task 5. Wetland Limitations
$6,690
Task 6. Archeological Review and Cultural Resources Survey
$2,190
Task 7. Subsurface Conditions
$6,947
Task 8. Determine Recommended Configuration and Size
$17,043
Task 9. McHard Road Drainage Ditch
$6,762
Task 10. Demonstration of Recommended Pond Expansion Operation
$1,822
Task 11 Cost of Pond Construction
$11,840
Task 12. Preliminary Engineering Report
$12,989
Task 13. Response to External Review
$3.453
TOTAL ALL BASIC SERVICES
$88,269
CONTRACT TERMS
k lot z <<~. ass 0 cia t e s
Mr. Douglas Kneupper, P.E.
August 9, 2006
Page 8 of8
We propose to perform these basic services on a reimbursable basis. A spreadsheet showing
labor hours and expenses for each task is attached. Weare prepared to enter into a contract
with the City of Pearl and using the City's standard contract for professional services.
SCHEDULE
A draft report, exclusive of cost estimate, on the detention pond expansion will be provided
within 75 days of the notice to proceed. Revision of the report based upon City comments
will be completed within 14 days of receipt of comments from the City.
CLOSING
Klotz Associates appreciates this opportunity to submit this proposal to the City of Pearl and.
We would look forward to providing our services to you. Should you have questions, please
contact me or Dr. Michael Collins, our Storm Water Department manager.
s#/~
Ralph E. Cox, 'P .E.
Vice President
REC:ng
Attachment
-
-
CITY OF PEARLA~
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
Exhibit "0"
Resolution 2006-127 8121106
,
1
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Klotz Associates (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
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Description of Project: Provide preliminary design engineering serVices
Bailey Road from FM 1128 to Veterans Road project..
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EnQ ineerlSubconsultant( s) Fee Basis of Compensation
Klotz Associates $184,542.00 Lump Sum
Maximum Contract Amount $184,542.00 Lump Sum
* 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 plans, specifications and estimates: See attached schedule.
Attachments: Scope of Services & Cost Summary - Exhibit A
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
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 non salary 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 (1/2%) 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.
3
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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone 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. Indemnitv. 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. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq 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.
5
EXECUTED and EFFECTIVE as of the 21st day of August, 2006.
CITY OF PEARLAND
STATE OF TEXAS
COUNTY OF hY r." ")...\ J -n G..---
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ENGINEER
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Printed Name: Bill Eisen
Title: City Manaqer
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen,
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
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, A.D., 2006.
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k lot z 4~~ ass 0 cia t e 5
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281589.7257 F 281.589.7309
hou ston. office@klotz.com
August 8, 2006
Mr. Douglas Kneupper, P.E.
City Engineer
City of Pearl and
3519 Liberty Drive
Pearland, TX 77581-5416
Re: Proposal for Preliminary Design for Bailey Road from FM 1128 to Veterans Road
Dear Mr. Kneupper:
Klotz Associates is pleased to submit this proposal for preliminary design for expansion of
Bailey Road from FM 1128 to Veterans Road.
PROJECT UNDERSTANDING
This Work is to provide preliminary design for improvement of Bailey Road from FM 1128
to Veterans Drive in the City of Pearl and and an estimate of the construction cost for the
improvement to use in Capital Improvement Planning. The preliminary design and cost
estimate will fully address factors needed to provide a suitable basis for detailed design and
preparation of construction drawings.
The current Bailey Road in the section for which improvements are to be designed lies
between FM 1128 (also known as Manvel Road) and Veterans Drive (CR 143). It is
currently a two-lane paved roadway adjacent and parallel to and immediately north of the
upper reach of Cowart Creek, which drains from west to east beginning at approximately
1000 feet west ofFM 1128 to Veterans Drive, the latter lying approximately 12,200 feet east
ofFM 1128. East of Veterans Drive, Cowart Creek continues east approximately 2500 feet
until its confluence with the Springfield Branch tributary to Cowart Creek. Construction
plans have been recently prepared by others for improvement of Bailey Road from Veterans
Drive eastward along Cowart Creek and across the Springfield Branch to Highway 35.
Cowart Creek drains not only the Cowart Creek watershed but also serves as the primary
drainage path for runoff from the current roadway. However, Cowart Creek has limited
existing drainage capacity. At storm event levels in the watershed on the order of a to-year
frequency, out-of-bank conditions develop and flow generally moves laterally to the south
into floodplain areas south of Cowart Creek. While the current roadway generally lies along
the drainage divide between Cowart Creek and the Springfield Branch, existing cross
k lot z 4~. ass 0 c j ate s
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page 2 of8
drainage systems allow drainage from the north side of Bailey Road (i.e., the Springfield
Branch watershed) into Cowart Creek at sporadic locations.
It is our understanding that a proposal is under consideration by the City of Pearland to divert
flow from Cowart Creek at a point approximately 4400 feet east ofFM 1128, midway
between Harkey Road and Holland Road. Significant reductions in peak flood discharges
along Cowart Creek east of this diversion point are consequently anticipated.
This Work has two primary design components: roadway improvements and drainage design.
The roadway improvements include reconstruction of Bailey Road as a four lane concrete
section with curb and gutter. The right of way width along this section of Bailey Road is
thought to be 100 feet. The inside lane in each direction will be designed to be passable
during a 100 year flood event.
The second primary technical component of this Work is the preliminary design of drainage
for the improved roadway. The preliminary drainage design will provide for collection and
discharge of roadway runoff to Cowart Creek for design storm conditions (3 year storm). In
addition, conveyance of Cowart Creek floodwaters during extreme events must continue to
be provided. It is our understanding that floodwater conveyance is to be provided under the
assumption that diversion of Cowart Creek flow will occur as has been proposed by others
(as discussed above). It is our further understanding (based upon criteria used in the previous
design studies for Bailey Road improvement from Veterans Drive to Hwy 35) that the
improved roadway and drainage from it shall not adversely impact flood levels either along
Cowart Creek or in the Springfield Branch watershed for storm events magnitudes of greater
than that for a critical design frequency specified as part of the design process.
We have reviewed copies of a draft geotechnical report (dated May 20,2003 by HVJ
Associates), a Wetlands Survey (dated May 26,2003 by Harding ESE) and a Phase 1
Environmental Site Assessment (dated October 28,2002 by Harding ESE) for Bailey/Oiler
Road provided by the City. Based on our review of these reports we conclude that additional
geotechnical, wetlands or ESA studies are not required for the preliminary design of this
proj ect.
k lot z 4~~ ass 0 cia t e s
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page 3 of8
SCOPE OF BASIC SERVICES
Klotz Associates will perform the following basic services
General Tasks
Task G 1 - General Project Management and Coordination: Conduct project kickoff meeting
with the City, prepare weekly e-mail report on project progress, internal budget and invoice
review, response to client inquiries, and miscellaneous meetings (not in excess of one per
every three weeks) with the City or its representatives. This task also shall include one
meeting between Klotz Associates and the City to review, clarify, and confirm project scope,
schedule, understandings, and other information the City desires to bring to our attention
regarding the execution ofthe Work.
Task G2 - Data Gathering and Datum Confirmation: Gather existing information on Bailey
Road including maps, exhibits, reports, drawings, etc. Confirm that new roadway and
drainage facilities are to be designed and constructed based on the 2001 datum adjustment.
Task G3 - Field Reconnaissance and Site Visit: Klotz Associates will "walk" the alignment
with representatives of the City and the surveyor to note and discuss any unique features and
challenges that need to be considered in performing the survey, roadway design and
hydraulic design for the project. Up to 2 site visits are included.
Task G4 - Survey Review and Coordination: Klotz Associates will review survey data
prepared by c.L. Davis through the City of Pearland and submit comments and a list of
additional survey information required, if any.
Roadwav Desil!n Tasks
Task Rl - Prepare Preliminary Design Drawings: Prepare preliminary design drawings in
sufficient detail to establish the roadway layout, alignment, grades, etc. Up to 20 preliminary
drawings will be prepared. The preliminary drawings will form the basis of final design
drawings during the final design phase of the project. Preliminary drawings are:
1. Title Sheet
2. Drainage Area Map
3. Project Layout Sheets (2 sheets)
4. Typical Roadway Sections
5. Plan and Profile Sheets (14 sheets)
k lot z .~. ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page 4 of8
Task R2 - Preliminary Traffic Control Plan: Maintenance of traffic will be required during
construction. Klotz Associates will prepare a preliminary plan for maintaining traffic during
the construction period. The plan will identify possible detour routes and required traffic
control devices (if any). The plan will also identify traffic control devices required during
construction. A cost estimate for the traffic control will be included in the construction cost
estimate as described in task R4.
Task R3 - Construction Sequence Plan: Construction of Bailey Road will require careful
consideration of staging of roadway construction, drainage facilities construction and traffic
control. This sequence of construction could significantly impact the construction cost of the
project. These impacts will be addressed in the construction cost estimate.
Task R4 - Construction Cost Estimate: A detailed construction cost estimate will be prepared
for the recommended roadway improvements and drainage infrastructure. The cost estimate
will be based on quantity take-offs from the preliminary design drawings. Unit costs will be
taken from published construction cost data, recent bid tabulations from similar projects and
applicable cost data provided by the City of Pearl and, ifany.
Task R5 - Preliminary Engineering Report: A report will be prepared which describes the
preliminary design of the roadway improvements. The report will also include preliminary
design of the drainage analysis and drainage improvements described in task H8. Three
copies of the draft report shall be provided to the City for review and comment. Upon receipt
of comments and appropriate response to those comments, a final report will be issued.
Three copies of the final report will be provided to the City.
Draina!!e Tasks
Task HI - Information Gathering and Criteria Specification: Gather pertinent existing maps,
drawings, development plans, aerial photographs, and technical reports to describe the
existing and proposed project drainage and flooding conditions in the vicinity of the Project.
Identify needed datum adjustments, if any, to be provided by surveyor. Review drainage
standards and hydrologic and hydraulic design criteria in consultation with the City. It is our
current understanding 1) that a 3-year event frequency should be used for design of drainage
for roadway runoff; 2) that upstream impacts along Bailey Road due to roadway construction
along the improved roadway and drainage for such impacts should be mitigated to at critical
stonn frequency, which we understand would be a lO-year frequency event but which may
be changed at the City's direction; and 3) that upstream impacts on cross drainage flow
should not increase I aD-year flood level conditions. Drainage criteria not otherwise specified
shall be based upon the City of Pearl and Drainage Criteria manual. In lieu of available
k lot z C~. ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page 5 of8
applicable criteria in particular instances, Klotz Associates shall exercise it professional
judgment in defining criteria and standards.
Task H2 - Model Review and Evaluation: Collect hydrologic and hydraulic models
previously developed by JKC and Associates (JKC) and Klotz Associates for study of
Cowart Creek. Discuss with JKC potential model use and considerations in testing and
application of the models. Also, if available, collect post- TSARP model for Cowart Creek
developed as part of Clear Creek studies for floodplain revision. Compare model outputs for
comparable model reaches along upper and/or lower Cowart Creek to confirm adequate
consistency between models (consistency is expected in view of the nature of model sources,
but revisions to these model may have been made that should be examined for their validity).
It is anticipated that the modified JKC hydraulic model used in the Klotz Associates
hydraulic study for the Bailey Road Extension ("Hydrologic and Hydraulic Study for Bailey
Road Extension from Veterans Drive to Highway 35, City of Pearl and, Brazoria County,"
dated June 2006) will be used in conjunction with the JKC models for the Cowart Creek
diversion ("Bailey Road Drainage hnprovements, Pearland, Brazoria County, Texas, Final
Drainage Improvement Plan," by JKC & Associates, dated January 26,2005) to describe
basic hydrologic and hydraulic conditions, but revisions to these models may be judged as
necessary as a consequence of the review and consultation with JKC and the City to achieve
appropriate consistency between other post - TSARP models for Cowart Creek.
Task H3 - Drainage System Configuration and hnpact Identification: It is our understanding
that JKC has designed (or is in the process of designing) for Pearl and the primary drainage
facilities along Cowart Creek west of Harkey Road, and that, therefore, Klotz Associates will
provide hydraulic design for Cowart Creek drainage structures east of Harkey Road. Klotz
Associates will coordinate with JKC to define the Cowart Creek drainage system proposed
for west of Harkey Road as well as the flow magnitudes that Cowart Creek will receive after
flow diversion and which are to be used for drainage design both west and east of Harkey
Road. Layout of roadway drainage will be determined in light of JKC proposals for the
Cowart Creek drainage west of Harkey Road and the need to integrate the drainage west of
Harkey Road with that east of Harkey Road. Klotz Associates understands that JKC's work
is not specifically examining roadway design nor defining roadway section or profile.
However, JKC's hydraulic design work may impact the roadway section and/or profile
design for Bailey Road and Klotz Associates' ability to provide the appropriate roadway
design in view of drainage impacts. Potential impacts of drainage west and east of Harkey
Road within the project limits will be identified and approaches to mitigating the identified
impacts will be identified and assessed. Potential impacts include I) increase of rate and
volume of roadway runoff; 2) loss of capacity in the existing Cowart Creek channel due to
roadway fill; 3) loss of floodplain storage due to roadway fill; 4) increase in water surface
levels due to additional energy losses in new or upgraded drainage structures; and 5)
k lot z ~~~ ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page 6 of8
blockage of existing flow from one side of Bailey Road to the other due to roadway fill. This
task is intended to generally I) identify potential drainage issues that will require mitigation
and the proposed approach that will be used to provide necessary mitigation; and 2)
determine and provide for the integration of JKC drainage design for west of Harkey Road
with the Klotz Associates' drainage design for east of Harkey Road. Continuing Interaction
with JKC is expected to be accomplished as part of this task.
Task H4 - Preliminary Roadway Drainage Design: This task will, based upon the results of
Task H3, provide a preliminary design for the roadway drainage to and along Cowart Creek.
This preliminary design will define for the design storm the magnitude of existing and
proposed condition peak roadway runoff, upstream inflow, the pathways by which roadway
runoff will discharge to Cowart Creek, and sizes of needed drainage pipes, culverts, ditches,
cross drainage, and primary drainage components. This task assumes that the Cowart Creek
drainage culverts and cross drainage structures west of Harkey Road have been designed by
JKC. Roadway improvement impacts on discharge to Cowart Creek will be quantified for
the entire project length in this task
Task H5 - Impact Assessment and Mitigation of Roadway Construction: This task will
quantify impacts of the roadway improvements in addition to those arising from increased
roadway runoff. The mitigation methods identified in Task H3 will be quantitatively
assessed and evaluated for effectiveness in meeting mitigation goals define in Task HI.
Mitigation measures could possibly include modification of cross drainage under the
proposed roadway, channel culvert improvements and modifications, localized channel
widening or deepening, or channel lining. Hydrologic and hydraulic modeling will be used
as a primary tool to assess existing and proposed conditions. Recommended dimensions for
new or modified hydraulic structures will be determined.
Task H6 - Demonstration of No Impact: Based upon the criteria established in Task HI and
the proposed mitigation measures selected as a consequence of Task H5, a demonstration of
no impact shall be provided. This shall include as a minimum a comparison of pre and post
roadway improvement water surface profiles along Cowart Creek from Veterans Road to FM
1128 for the critical design frequency identified in Task 1.
Task H7 - Preliminary Engineering Report: A report shall be prepared which describes the
preliminary design of the roadway improvements, including preliminary drainage design.
The report shall include results of impact assessment and the proposed mitigation measures.
The demonstration of no impact as accomplished in Task H7 shall be included. The report
sections on drainage will be combined with those pertaining to the roadway design and will
be submitted as one report (see task R4).
k lot z .~. ass 0 cia t e 5
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page 7 of8
Task H8 - Response to External Review: It is anticipated that review of reports and plans
produced in this study may be made by parties other than the City of Pearl and or its
representatives such as Drainage District No.4. This task provides for response to such
reVIew.
ADDITIONAL SERVICES
Should additional scope of services be required during the execution of this project, the City
and Klotz Associates will negotiate such services on a task order basis. Compensation for
additional services will be in accordance with the attached rate table for labor. Other direct
project costs agreed to by the City will be reimbursed at cost plus 15%.
BASIC SERVICES FEES
Fee for basic services are summarized as follows:
Task GI - General Project Management and Coordination
Task G2 - Data Gathering and Datum Confirmation
Task G3 - Field Reconnaissance and Site Visits
Task G4 - Survey Review and Coordination
Task RI - Preliminary Design Drawings
Task R2 - Preliminary Traffic Control Plan
Task R3 - Construction Sequencing Plan
Task R4 - Construction Cost Estimate
Task R5 - Preliminary Engineering Report
Task HI - Information Gathering and Criteria Specification
Task H2 - Model Review and Evaluation
Task H3 - Drainage System Configuration and Impact Identification
Task H4 - Preliminary Roadway Drainage Design
Task H5 - Impact Assessment and Mitigation of Roadway Construction
Task H6 - Demonstration of No Impact
Task H7 - Preliminary Engineering Report
Task H8 - Response to External Review
TOTAL
CONTRACT TERMS
$8,791
$3,719
$4,533
$5,313
$48,265
$5,520
$5,520
$7,107
$17,463
$4,651
$8,625
$ I1 ,868
$14,231
$9,936
$1 ,794
$22,542
$4,664
$184,542
We propose to perform these basic services on a reimbursable basis. A spreadsheet showing
labor hours and expenses for each task is attached. We are prepared to enter into a contract
with the City of Pearl and using the City's standard contract for professional services.
k lot z f~. ass 0 c j ate S
Mr. Douglas Kneupper, P.E.
August 8, 2006
Page80f8
SCHEDULE
We will complete the proposed basic services within 90 days of receiving a notice to proceed
from the City.
CLOSING
We appreciate the opportunity to be of service to the City of Pearl and on this project. Please
contact us if you have any questions or require any additional information.
Sincerely,
~t:
Vice President
REC:ng
Attachment
Hourly Billing Rates
Klotz Associates, Inc.
City of Pearland
Bailey Road from FM 1128 to Veterans Drive
Classification
Maximum
Hourlv Rate
President or Vice President
Senior Project Manager
Project Manager
Senior Project Engineer
Project Engineer
Graduate Engineer
Senior Designer
Designer
GIS Specialist
CAD Operator
Clerical! Administrati ve
Construction Inspector
$205.00
$175.00
$150.00
$130,00
$110.00
$90.00
$105.00
$90.00
$100,00
$80.00
$65.00
$75,00
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T E X A S
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August 24, 2006
Clark Condon Associates
_ Landscape Architects
10401 Stella Lind Road
Houston, Texas 77025
Dear Ms. Condon
The City of Pearland has contracted with Clark Condon Associates for landscape
architectural services for the proposed Independence Park Improvements. I am including
your copy of the executed contract; if you have not already begun work,please accept
this letter as your notice to proceed.
When sending any correspondence for this contract,please reference project number
P2001. This project number, as well as purchase order number 062890, should also be
referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne.
Sandavol.
I look forward to working with you on this project. Please contact me at 281-652-1734
or rpitcock@ci.pearland.tx.us if you have any questions.
Sin ely,
Robin Pitcock
Office Coordinator
3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416 •281-652-1600•www.ci.pearland.tx.us
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August 23, 2006
Klotz Associates
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
Dear Mr. Cox
The City of Pearland has contracted with Klotz Associates for preliminary engineering
services for the proposed Bailey Road from FM 1128 to Veterans Road Project. I am
including your copy of the executed contract; if you have not already begun work,please
accept this letter as your notice to proceed.
When sending any correspondence for this contract,please reference project number
T70011. This project number, as well as purchase order number 062886, should also be
referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne
Sandavol.
I look forward to working with you on this project. Please contact me at 281-652-1734
or rpitcock@ci.pearland.tx.us if you have any questions.
Sincerely,
Robin Pitcock
Office Coordinator
•
3519 LIBERTY DRIVE •PEARLAND,TEXAS 77581-5416 •281-652-1600 •www.ci.pearland.tx.us
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August 23, 2006
Klotz Associates
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
Dear Mr. Cox
The City of Pearland has contracted with Klotz Associates for preliminary design
services for the proposed expansion of the D. L. Smith Detention Pond.. I am including
your copy of the executed contract; if you have not already begun work,please accept
this letter as your notice to proceed.
When sending any correspondence for this contract,please reference project number
DR2002. This project number, as well as purchase order number 062884, should also be
referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne
Sandavol.
I look forward to working with you on this project. Please contact me at 281-652-1734
or rpitcock@ci.pearland.tx.us if you have any questions.
Sincerely,
Robin Pitcock
Office Coordinator
3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416 • 281-652-1600•www.ci.pearland.tx.us
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August 24, 2006
James Carroll Kell—Landscape Architect
2110 Briargreen Drive
Houston, Tx., 77077
Dear Mr. Kell
The City of Pearland has contracted with James Carroll Kell—Landscape Architect for
landscape architectural services for the proposed Hickory Slough Detention Pond.. I am
including your copy of the executed contract; if you have not already begun work,please
accept this letter as your notice to proceed.
When sending any correspondence for this contract,please reference project number
DR2003. This project number, as well as purchase order number 062887, should also be
referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne
Sandavol.
I look forward to working with you on this project. Please contact me at 281-652-1734
or rpitcock@ci.pearland.tx.us if you have any questions.
Sincerely,
K C�
Robin Pitcock
Office Coordinator
3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416 •281-652-1600•www.ci.peariand.tx.us
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