R2006-156 09-25-06
RESOLUTION NO. R2006-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE SPECTRUM REGIONAL DETENTION
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering design services associated with
the Spectrum Regional Detention Project, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for engineering design services associated with
the Spectrum Regional Detention Project.
PASSED, APPROVED and ADOPTED: th~?fImber, A.D., 2006.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
Q~ -)t.OL
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-156 9/25/06
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on &,o-k-vn ltM ;;( \- , 2006 by and between the
City of Pearl and ("CITY") and LJA Engineering & Surveying, Inc. ("CONSULTANT"). n'
Of
~. ~
..., .~
The CITY engages the CONSULT ANT to perform professional services for a proj ect known and
described as Spectrum Regional Detention ("PROJECT").
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide professional engineering, environmental
investigation/permitting, geotechnical investigation, surveying, and final design
for the detention basin. See Exhibit A, attached, for a detailed SCOPE OF WORK
and PROJECT schedule. The PROJECT schedule shall be submitted in digital and
hard copy form in the Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSUL T ANT 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
CONSULTANT, 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 injury or death of anyone person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT 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, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT 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 CONSULTANT 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 CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
-2-
H. All parties intend that the CONSULT ANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end six months after signing of contract..
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum not to exceed. Total
compensation for the services performed shall be the sum of $189, 168.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to approval of the preliminary design (50% plans), payments to the
CONSULTANT shall not exceed 50% of the total CONTRACT amount.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed 90% of the total CONTRACT amount.
The final approval and payment will be made within a reasonable period
oftime regardless of the project construction schedule.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the proj ect manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSUL T ANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSUL T ANT'S work shall not relieve
CONSUL T ANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
-3-
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 2929 Briarpark Drive, Suite 600, Houston,
Texas 77042-3703. Immediately after receiving such written notice, the
CONSULTANT shall discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
-4-
SECTION VI - ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
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.
SECTION VII - COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULT ANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this ~ J day of 0..p~ lu,2006.
~~
CITY OF PEARLAND, TEXAS
Bill Eisen, City Manager 9/25/06
co~fGQ(L
Jett P.cll"V'sl ~tVlI'i)., UI'(C PvesiJc"\t
I b J I J 10(,
-5-
"Client Copy"
LJA Engineering & Surveying, Inc.
IA
2929 Briarpark Drive
Suite 600
Houston, Texas 77042-3703
Phone 713.953.5200
Fax 713.953.5026
www.ljaengineering.com
RECEIVED
SEP 1 8 2006
REVISED
September 15, 2006
City of Pearl and
Projects Dept.
Mr. Bill Eisen
City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: Scope of Work for the Design of Construction Plans for
Regional Detention Basin
LJA Proposal No. 06-1006R (Revised)
Dear Mr. Eisen:
LJA appreciates the opportunity to submit this scope of work for the engineering design of a
regional detention basin and connection channel located in the southwest quadrant of
Beltway 8 and SH 288 adjacent to Clear Creek as described in the report titled Clear Creek
Harris County Flood Control Unit No. A 100-00-00 Mitigation Plan and Impact Analysis for
the Promenade Regional Development, dated November 2005. The regional detention
basin (Pond 2 in the report) will mitigate increased flows and lost floodplain storage for
approximately 40 acres of undeveloped land south of the Promenade Shops development.
The basin will provide 125 acre-feet of mitigation storage by increasing the surface area and
depth of an existing pond on the site. The channel design is for the open channel
connection between Pond 1 and Pond 2 in the report. Only the outfall from Pond 2 to Clear
Creek is part of this scope. The design of Pond 1 or the compensatory excavation area is
not a part of this scope of work. This scope of work is based on the City of Pearland
obtaining right of entry for survey, geotechnical, and environmental field work. The scope of
work is as follows:
Task 1:
Coordination, Meeting Attendance, and Field Visits
Coordination will be required with Harris County Flood Control District (HCFCD) to
obtain approval of drainage report and construction plans as well as coordination for
consultants completing the geotechnical and environmental reports. Progress
meetings will take place with the City of Pearland to keep personnel updated with the
project progress. Coordination will be required for
· Two meetings with HCFCD
. Six meetings with City of Pearland for progress updates
· One site visit to review project with consultants
· Coordination with geotechnical and environmental consultants
O:\PROPOSAL \2006\City of Pearland_ STOA \Detention\06-1 006R pro.doc
f!)
Mr. Bill Eisen
September 15, 2006
Page 2 of 4
Task 2:
Review Hydrology and Hydraulics
The previously completed mitigation plan and impact analysis report needs to be
submitted to HCFCD for approval. It is anticipated there may be some revisions to
the report based on HCFCD comments. In addition, field surveyed cross-sections of
the existing pond will provide more detailed storage volume information than
previously used in the report. The models will be updated with this information and
used to verify mitigation values for final design.
Task 3:
Construction Plans and Specifications
LJA will create plan and profile sheets on 22" x 34" sheet size at a horizontal scale of
1" = 20' and a vertical scale of 1" = 2' for the channel and detention basin outfall
portion of the project. Existing utilities, existing property ownership, proposed
channel flowline, proposed drainage structures, and erosion control structures will be
shown on the plan and profile sheets. Cross-sections will be cut at 200-foot intervals
for the project. Detention basin layout and grading sheets will be created at 1" = 50'.
Storm Water Pollution Prevention Plan sheets will be prepared for the channel and
detention basin including details. Storm water quality layout and detail sheets for
Pond 2 will be created to meet HCFCD criteria. Other sheets will include drainage
area map, detail sheets, and typical sections.
Specifications and bid documents will be prepared for the project. For this scope of
work, it is anticipated that 50%, 90%, and Final submittals will be submitted to the
City of Pearland for review and approval. The 50% review will consist of plan sheets
with table of contents for specifications. All other submittals will consist of plan
sheets and complete specifications for review.
Task 4:
Field Survey Work
LJA will provide field survey for the project consisting of cross-sections along the
proposed channel route between Pond1 and Pond 2 and the outfall for Pond 2. Four
cross-sections will be completed for the existing Pond 2 for determining storage
quantities. Geotechnical bore locations will be field located. The field survey
information will be integrated into the L1DAR information for the site to create an
existing ground surface.
Metes and bounds descriptions will be created for the detention basin site as well as
for the easement required for the channel between Pond 1 and Pond 2. The
required exhibits to accompany the descriptions will be part of this scope of work.
Task 5:
Geotechnical Investigation
A geotechnical consultant will conduct a geotechnical investigation for the project.
Approximately 8 field borings to a depth of 20 feet will be taken at appropriate
intervals and then lab tested to provide soil characteristics and design parameters for
the project. The appropriate geotechnical information will be provided in a
geotechnical report to LJA to incorporate in the design of the channel and detention
basin.
O:\PROPOSAL \2006\City of Pearland_ STOA \Detention\06-1 006R pro.doc
Mr. Bill Eisen
September 15, 2006
Page 3 of 4
Task 6:
Environmental Assessment Investigation/Permitting
The wetland delineation will follow the technical standards and procedures described
in the 1987 U.S. Army USACE of Engineers (USACE) Wetland Delineation Manual
(Technical Report Y-87-1) (Environmental Laboratory, 1987). The delineation
process will consist of a review of pertinent files, field investigations, and preparation
of a wetland delineation report for submittal to the USACE, if necessary. It is
anticipated a nation wide permit will be suitable for the project. The Ordinary High
Water Mark (OHWM) will be delineated on the north bank of Clear Creek where the
proposed outfall will be installed. If jurisdictional wetlands or other waters of the U.S.
(i.e. Clear Creek below the OHWM) will be impacted by the proposed project, a
Nationwide Permit application will be prepared for the proposed project and obtain a
permit authorization from the USACE under Section 404 of the Clean Water Act. No
individual permit work is part of this scope of work. As part of the environmental
work, a Phase I Environmental Site Assessment, Threatened and Endangered
Species Review, and Cultural Resource Review will be completed for the project site.
The Phase I Environmental Site Assessment following standards published by the
American Society for Testing and Materials (ASTM) in Environmental Site
Assessments: Phase / Environmental Site Assessment Process (E1527-00).
Additional Service: Over Size Storm Sewer Connection
The design project is based on Pond 1 already in place to mitigate planned
development in the area. In the event the design starts prior the Pond 1 already
completed additional sheets will need to be created to connect the over sized storm
sewer system along Promenade Drive to the connection channel between Pond 1
and Pond 2. For preparation of this scope, it is assumed an open channel will be
used for connection purposes. LJA will create plan and profile sheets on 22" x 34"
sheet size at a horizontal scale of 1" = 20' and a vertical scale of 1" = 2' for the
connection configuration. This scenario will require additional hydraulic modeling to
verify flow requirements are met with the connection in place instead of Pond 1.
TERMS
LJA proposes to perform the engineering services as described in the scope of services on
a lump sum basis to be billed monthly on a percent complete schedule. No additional
services will be completed without specific authorization from the City of Pearland.
SCHEDULE
After receiving your Letter of Authorization, LJA will be complete the design of the final
construction plans for the channel and detention basin within 6 months.
O:\PROPOSAL\2006\City of Pearland_STOA\Detention\06-1 006R pro. doc
Mr. Bill Eisen
September 15, 2006
Page 4 of 4
BUDGET
LJA proposes to perform the engineering services described in the scope of services with
for a total of $189,168. For your convenience, and information, we have attached our fee
estimate so that you can review the composition of this fee.
Best regards, D
\2LA)R-~_-<u<~'r lA-L-,~:e-
b .Zt.-LLLtLo-
David H. Zuhlke, P.E., CFM
Division Manager of Water Resources
~z~
DHZ/rp
Attachment
O:\PROPOSAL \2006\City of Pearland_ STOA \Detention\06-1 006R pro,doc
City of Pearland Regional Detention Basin
Task Descriptions Labor (Hours)
Total Project Senior Technician Clerical Sub Task Sub Task
Manager Engineer Engineer CAD Support Hours Total
I
BASIC SERVICES
TASK I: Coordination Meetin!! Attendance and Field Visits
Citv afPearland Progress Meetings (6mtrrs\ 42 24 J7 6 42 $5,430
Arrency Coordination (2 mtgs) 22 8 8 4 2 22 $2,590
Site Field Visits (I) 16 8 8 16 $1,920
Coordinate Environmental Investigation 20 16 4 20 $2,220
Coordinate Geotechnicallnvestirration 20 16 4 20 $2,220
Subtotal 80 40 52 8 ]2 8 120 $14,380
FEE $ 14,380 $ 6,000 $ 6,240 $ 720 $ 900 $ 520
TASK 2: Review Hvdrolo!!v and Hvdraulics
Uodate Reoort Modeling 112 16 80 8 8 112 $10,720
Subtotal 112 16 0 80 8 8
FEE $ 10,720 $ 2,400 $ $ 7,200 $ 600 $ 520
TASK 3: Construction Plans and Specifications
Cover Sheet (I) 12 2 2 8 12 $1,020
General Notes (I ) 18 2 4 12 18 $1,560
Existing Conditions Mao (l) 34 2 8 24 34 $3,060
Proiect Control Sheet (l) 40 4 4 32 40 $3.480
Overall Drainarre Area Mao (I) 22 2 4 16 22 $],860
Typical Cross-Sections I]) 28 4 8 16 28 $2,760
P&P Sheets for Channel II" ~ 20' H, I" ~ 2' V) (4) 168 8 16 24 120 168 $14,280
Channel Cross-Sections 1200' interval) (l \ 38 2 4 32 38 $3,060
S W3P Layout for Channel 11 ) 26 2 8 16 26 $2,460
Detention Basin Layout (I) 38 2 8 4 24 38 $3,420
Detention Basin Grading Plan (I) 58 2 16 8 32 58 $5,340
Detention Basin Cross-sections (l) 22 2 4 16 22 $1,980
P&P of Detention Outfall (l" ~ 20' H, I" ~ 2' V) II) 38 2 4 8 24 38 $3,300
Stann Water Qualitv Lavout for Detention Basin (I) 40 4 12 24 40 $3,840
Stann Water Quality Details (2) 88 8 32 48 88 $8,640
SW3P Layout for Detention Basin (I) 26 2 8 16 26 $2,460
SW3P Details (1) 18 2 4 12 18 $1,560
Outfall Details (I) 22 2 4 16 22 $1,860
Misc Drainage Details (I \ 44 4 8 8 24 44 $4,080
Submittal Preparation (50%, 90%, and Final) 60 12 24 24 60 $6,480
Prepare Specification and Bid Documents 64 16 16 17 64 $5,920
Subtotal 904 84 162 90 536 32 904 $82,420
FEE $ 82,420 $ 12,600 $ 19,440 $ 8,100 $ 40,200 $ 2,080
TASK 4: Field Survev Work
I FEE $ 24,000
TASK 5: Geotechnical Investirration
I FEE $ 14,528
TASK 6: Environmental Investi2ation
I FEE $ 17,000
Reproduction Cost
FEE $ 5,000
BASIC SERVICES SUBTOTAL $ 168,048
Additional Service: Over Size Storm Sewer Connection
P&P Shts for Over Size Connection Channel(I" - 20' H, I" - 2' V)13) 112 4 12 16 80 112 $9,480
Channel Cross-Sections 1200' interval) I I) 30 2 4 24 30 $2,460
SW3P Layout for Channel (I \ 26 2 8 16 26 $2,460
Additional Hydraulic Modeling 64 16 48 64 $6,720
Su btotal 232 24 20 68 120 0 232 $21,120
ADDITIONAL SEVICE SUBTOTAL $ 21,120 $ 3,600 $ 2,400 $ 6,120 $ 9,000 $ -
TOTAL FEE $ 189,168
9/18/2006
06-1006R scope