R2000-003 01-10-00 RESOLUTION NO. R2000-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
HARRIS COUNTY FOR COOPERATION IN CONDUCTING A
CORRIDOR STUDY AND APPROVING AN ENGINEERING
CONTRACT WITH LOCKWOOD, ANDREWS & NEWMAN, INC. TO
PERFORM THE STUDY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of
Pearland and Harris County, 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 the original of the attached
interlocal agreement for and on behalf of the City of Pearland, for cooperation in
conducting a corridor study in the Pearland/Harris County area.
Section 3. That certain engineering contract by and between the Cityof
Pearland and Lockwood, Andrews & and Newman, inc., a copy of which is attached
to Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
Section 4. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached engineering
contract for and on behalf of the City of Pearland, for cooperation in conducting a
corridor study in the Pearland/Harris County area.
PASSED, APPROVED and ADOPTED
January , A.D., 2000.
this the lOth day of
MAYOR
RESOLUTION NO. R2000-3
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement, made and entered into pursuant to TEX. TRANSP. CODE ANN
§284.003 and §284.067 (Vernon 1997), and TEX. GOV'T CODE ANN., Chapter 791 (Vernon,
8. b and between Harris County, a body corporate and politic under the laws of the State of
~98 ). ?y . ~. ,,_~ ,,,-,A_~,_. and the City of Pearland, a municipal corporation under the
texas, hereinafter cancu ~,uumy,
laws of the State of Texas, hereinafter called "City";
RECITALS:
' to the mutual benefit of the residents of the County and the City to o. bta. ina study
1. , ..It ls.~.A mr~hilitv of various existing and planned roadways to define the pn, nc.,i_p~le,,a:,c~es~sc
evamanng ut~ ......... .~ - · , -. -~ q,,,,th rl~lt/gav Area/Hobby Airport anu ute
routes within the region lnciunmg me ...........
Pearland. (the "Study")
and Cit aee that, based upon demonstrated experience and qualifications,
2 The County y gr . · ,, ' st hi 1 ualified
tt~e firm of Lockwood, Andrews & Newnam, Inc. (the Engineer ) is the mo gh y q
entity to perform the Study.
· administer an engineering contract with the Engineer
3. The City is willing to enter into .ap.cl. .... ,-:,-:, ^ ~-~r,~tc~ (the "Contract") if the
for performance of the Study in substantlany the form oi 12.xnlult
County will agree to contribute up to a maximum of $20,362.50 toward 25% of the fee earned
by the Engineer under the Contract.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
Within 30 days after execution of this Agreement, the City must enter into the Contract
with the Engineer.
II.
Within 30 days after execution of this Agreement, the County shall deliver to the City a
check in the amount of $20,362.50. The City shall establish a separate account or system of
accounting for the money paid to it under this Section. Further, the City shall cause the funds
. it that are not needed to meet obligations due or contemplated to be
paid by the .County to the C y_ .. ....~a i, ~he er as similar funds are invested by the
due within sixty (60) days to be mw .......... same mann
City in federal obligations or interest-bearing time deposits· Any earnings from such investment
· · . ount or s stem until the completion of the Contract, at which time the
shall be retmned in the acc . Y ~ ~ ~_.~ ......,, ' ~, Within 60 da s after completion
City shall perform or cause ~o be performeu, a t,,,,~. ......tin,, Y
of the Contract the City shall pay to the County an amount equal to the amount, if any, by which
the sum paid by the County to the City hereunder, including interest earnings thereon, exceeds
the lesser of the following two amounts: (1) 25% of the funds earned by and paid to the
Engineer under the Contract or (2) $20,362.50.
III.
The City will administer the Contract and shall promptly deliver to the County all notices
of meetings with the Engineer, minutes of all meetings with the Engineer, and all documents
received from the Engineer under the Contract. The County may send representatives to all
meetings with the Engineer. The County Engineer, or his designee, will review all study results
and techniques and will offer technical advice in regard to the Study.
Either party may temainate this Agreement without cause any time prior to
the execution of the Contract by written notice to the City. If the Study has not been completed
within one year after execution of this Agreement, the County may terminate this Agreement by
written notice to the City. Within 60 days after receipt of notice of such termination, the City
shall return to the County an amount equal to the amount, if any, by which the sum paid by the
County to the City hereunder, including interest earnings thereon, exceeds the lesser of the
following two amounts: (1) 25% of the funds earned by and paid to the Engineer under the
Contract to the date the notice of termination is received by the City or (2) $20,362.50.
Notwithstanding any other provision hereof, the County has available $20,362.50 in
current funds to accomplish the purposes of this Agreement and is not obligated hereunder to
expend in excess of such sum. Notwithstanding any other provision hereof, the City has
available $61,087.50 in current funds to accomplish the purposes of this Agreement and is not
obligated hereunder to expend in excess of such sum.
VI.
All notices and communications under this Agreement shall be mailed by certified mail,
return receipt requested, or delivered to the County at the following address:
Harris County
c/o Arthur L. Storey, Jr. Executive Director
Public Infrastructure Department
1001 Preston, 7t~ Floor
Houston, Texas 77002
All notices and communications under this Agreement shall be mailed by certified mail,
return receipt requested, or delivered to City at the following address:
City of Pearland
c/o Alan Mueller, Projects Coordinator
3519 Liberty Drive
Pearland, Texas 77581
VII.
This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this
instrument shall be of no force and effect excepting a subsequent modification in writing, signed
by all parties hereto.
1N TESTIMONY OF WHICH, this agreement has been executed in duplicated
counterparts, each to have the force and effect of an original as follows:
(a) It has been executed on behalf of the County on the-?.5' day'~f /'~..~ 2000, by
the County Judge of Harris County, Texas, pursuant to an order of the Corrdnissioner~ Court of
Harris County, Texas, authorizing such execution; and
(b) It has been executed on behalf of the City on the /O~ day of ffa~aar, ,2000, by its'
Mayor, and attested by its City Secretary, pursuant to ordinance of the City Co, nell of the City
of Pearland authorizing such execution.
APPROVED AS TO FORM:
MICHAEL P. FLEMING
County Attorney
By DON C. WHITLEY
Assistant County Attorney
ATTEST:
APPROVED AS TO FORM:
HARRIS COUNTY
BY~~c S'
County Judge
CITY OF PEARLAN~
M~y0r
COUNTERSIGNED:
?rojects C~ordinator
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $20,362.50 to pay the obligation
of Harris County under and within the foregoing contract.
YOMMY//J.~43MPKINS} County Midit6
3
,'%
c~.~.~ction or mudification. ~
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
prepared by
ENGINEERS' JOLNT CONTRACT DOCUMENTS COMMITTI3.E
and
Issu~ and Published Jointly By
PROFF.,SSION Al- ENGINEERS IN PRIVATE PRAC'I'ICE
A practice diuislon
NATIOlqAI. SOCIETY OF PROFUSSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIt.
AMERICAN $OCILgr¥ OF CIVIl. ENGINEERS
Adapted for Exclusive Use of
LOCKWOOD, ANDREWS & NEWNAM, INC.
Aul:ust 1989
Amcnd~ lanunry 1993
EJCDC No, 1910-19 (1985 Edition)
oonscxluences; consuhat~CY ~s cncoura§od w~tl~ rcspc~
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAl, SERVICI~
This is an Agrcomcn! raada ns of December 30. 1999 between the (lit of Pearland (OWNER) and Lockwood,
Andwws & Newuam. Inc. (ENCHNEER).
OWNER employs ENGINEER to perform professional engineering scrviccs, to ~rvt; ns OWNUR's professional engineering
~epresentafive and to provide professional engineering consuhation and advice for u professional fee (t~s set forth below) in
conn~tion with file CJ~ of P~rlan~ar~ County Are~ Access Cor~dor Study
(thc "~signmont").
SECTION~ 1--BASIC SERVICES elI I~GIN.~ER
I.I, After written authorization to proceed, ENGINEER
~11 perform tho following professin~l services:
1.1,1. consult wi~ OW~R to citify and dofine
OW~R's ~quircmcn~ f~ ~ Assi~ms~nt and ~view
available dam:
1.1,2. ndvi~ OWN~ ~s m th~ n~sity of OW~R's
providing or obtaining from o&c~ s~ial ~rvi~s and
required in conn~lion ~th thc ~sslgnn~m and assist
OWNER in obtaining such d~ and services;
1.1.3. provide analy~s of OWl's
cvalu~io~s and comparalive sludi~ of prospccfiw
solutions;
1.1.4. pmp~e a Report of ENGI~ER's findings ~nd
recommendations and fur~sh ~WelllV ~pi~s of &c Report
and ~vicw it in p~n wilh OWNER.
1,2. Tho duties ~d ~o~ibilities of ~NGI~ER
d~rib~ above are s~lcmont~ nod ~ond~ as
lodicn~ in ~mgraph 1 of ~xldbit SR-A '~h=r
~scripfion of Basic Sewic~, Duties of
Mctht~ of Paynim m~d
att~h~ to and ~ ~ p~t of ~iS Ag~m~m.
SECTION 2--ADDI'I'IONAL SL~RVICI'!~
2.1. If authorized iu writing by OWNER, Additional
Servlc~s relatod to thc Assignment will b~ pcrformeat by
I/NOINEER far an additional pro£ossional fcc.
SECTION 3--OWNER'S RESPON$1BI~.?~IF.~ ._
OWNER shall do lite following in a timely rammer so as not
to delay tho snrvicos of ENOINEER:
3.1. provide all cd~a uod full information as Io
OW~R's ~uirc~n~s fisr tho Assignment and d~ignato
in writing a p~nn ~th au~ofity to act on QWNUR's
I~half on all maUcrs concerning thc Asslgnm~nt;
3.2. furnish m ~GINEER all ~xlsfing studi~s, m~t~s nnd
olher available da~ pertinent to thc Asslgnm~nt, oblain or
aulhori~ ENGINEER m obluin ur pmvido additional
roporls and dala a~ r~ui~d, and furnish lo ENOINE~
sorvi~s of udders required fi)r thc pcrlbrmuncc of
ENGel's settees he~nnder, and ENGIN~R shall ~
onfifl~ ~o use and s~ly upon all such infi~rmatlnn and
services provid~ by OWN~ or udders in ~do~ing
~G~EER's scrvi~s under this Agreement:
3.3. anang~ for access 1o and make all provisions Ibr
EN61H~ER w Enter upon public and private property ~
~uir~l tbr ~NOIN~R to perform s~rviocs hcmundor;
3.4. perform such uther functions as are indicated in
paragraph 2 of Exhibit SR-A "Fur thor Dos~iplion of Basic
Sarvices, Duties of Owns', Method of Payment and Related
3.5. bear al! cosl~ incident To compliaace with thc
requirements of this SectiOn :3.
SECT1ON 4--PI~RIOD OF SERVICE
4,], ENGINEER's Basic Services will be performed and
The Report submitted within Ibc time period or by the date
stipulated in paragraph 3 of Exhibit SR-A "Further
Description of Basic Scrvk~Os, Duties of Owner. Method of
Payment and Related Matters."
4.2. 'F-,NGINt.~,F~R's Basic Services under This Agreement
will bu considetad complel'e at thc curlier of (I) Thc date
when the Report is accepted by OWNER ur (2) flfirly days
al)et The da~e when thc Repnrt is submitted for final
acceptance, plus in each ca.~:, if applicable, such additional
time. as may be considered reasonable fin' obtalulng
approval of gove~'nmentn! authorities having jurisdlctlon To
approve thc Report,
4.,3. ENGINEER's Additional Services will be pcrformc, d
and completed within rite time period agreed to in writing
by thc parties at the timc such services are authoriz£d.
4.4. If any time period within or date, by which any of
ENGINEER's sea'vices ate TO be completed is cacccdcd
through no fault of L~,NGINEER, all ratc~, mca.sarcs and
amounts of compensation and thc time for cumplction of
per fortllance shall be subject m cquitablc adjusm~unt.
SECTION S--PAYMENTS TO ENGINEER
5.1. Methods of Ps.neat for Service~ of ENGINEER.
5,1.1. I,'orBas~c Services. OWN~ sh~l pay ~GIN~
1~ all Basic Se~i~ ~e~ un~ ~fion I ~ th~ b~is
set forth in Exhibit SR-A "F~h~ D~cxiplion of BaSiC
So~i~. Dmies of O~, Mc~t~ nf Payn~nt mid Rolat~
MoRels".
5.1,2. For Additional Seek'ga. OWNER d~all pay
ENOIN~R for all Additional Scrvicc~ read.cd under
S~tion 2 on the basis aged Io in ~ifing by the p~lics
~c ti~ such ~ices a~ authorized.
5. ~.3. ~eimbu~able P~en~es. In ~di6tm to thc
nrovid~ for in D~ta~aphs 5.1,1 and 5.1.2, OWN~ ~mll
pay ENGIN.FRR the actual ~OSt$ (except where specifically
prtwidcd oth~wiso) of all ROifllbufsab~¢ Expen~ Jacm'r~
in conn~tion with all Basic Service~ a~d Additional
Sc~iccs.
5.2. ~G~BR shall submit ~mhly s~tcmcnL~ for Basic
and Additional Services reuderad nad for Rcimhumablc
~p~nsGs incu~d. OWNER sh=~l make prompt monthly
pa~cnL~ in ~spon~ to ~GINEF. R's monthly ~n~n[~.
5.3. ENGI~ER'~ abov~ char~c~ m'c ua thc basis of
prompt payment of bills rcodcrcd and continuous process
of thc work on the Assignment umil ~uhmi~ion of thc
Report.
5.4. If OWNER fails to make any payment due
~G]N~R for servic~ and expeaxe~ within thirty
aft~ r~ip[ of ~NG~EER's statement thc~for, th~
amounts duo ~NGINEER wltl hc increased ~t thc rate
1% p~r ntonth from ~ald thirtieth day, and in addition,
BNGINERR n~y, a~r giving ~vcn day~' ~ittcn
OWNER, ~mpend ~crviccs under thi~ A~rccmcn[ audi
BNGINEER ha~ been p~id in ~ull all amount~ du~ for
service, expcn~e~ and chargc~.
SECTION 6---COST CON'rRoI.
6.1. OWNER's budgetary roquircmcms and considcrations
in rcsp~t of TIDe Asslgnnten! arc set forth in paragraph 5 of
'l~hibit SR-A "Furthar Description of Basic Services,
Duties of Owner, Method of Payment and Rdamd Matters."
6.2, Opinions of probable construction cost, financial
evaluations, feasibility studies, ~onomic analys~s of
alternate solutions and utilitarian considerations of
olgratioas and maintenance costs prcpar~ by ENG~
hoguad~r will b~ m~e on thc basis of
v~ionoo and qualificafioas and represent ENGIN~R's
hc~t judgmont as ~ ox~rionced and qualifi~ d~iga
profesxinnaL It is w~ogniz~, however, thai
d~s not have cnntrol over thc veal of labor, malarial
~uipmem ar so.ices lhraishcd by o0~crs or over market
conditions or cuatr~m~' mc[hvds of dctcrminlng thoir
pfi~s, and that any udlitarian cvaluallon of auy facility
be constru~ or work to ~ p~rfonncd on thc basis of the
R~pon must nf necessity bc speculative m~dl complgtiou of
its derailed design. Accordingly, ENGINEER do~s
guarautee that proposals, bids or a~:mal costs will not
from opinions, evaluations or studies submiu~ by
~GIN~R ~o eWeR hereunder-
SF~2TION 7--GI!NERAL CONSIDERATIONS
7.1. All documents prepared nr furnished by ENO~E~
(and ~GIN~'s indo~nd~t ~f~iooal ~ia~s and
CO.aiSLe) p~uam to ~is Agrcc~nt ~c i~mment~ of
~wicc and ~O~ s~l] re.in ~ own~ship a~
pro~y in~st dto~in. O~R mY ~ke and
copies for inlb~agon and ~ferencc; howcvcr, s~ch
~u~ by O~ u~ otbe~. Any ~cusc ~hout
verific~i~m o~ ~up~ion by ~O~E~ fo~ tho sp~ific
pu~ in~nd~ will ~ m O~R's ~lc fi~ and withom
liability nr legal cx~sug ~ ~G~, or ~o
~G~ERR's indc~Mcm professional associates or
consultants, and OWNER shall indemnify and bold
barrel.s ENGINEER and ENGI~R's indcpoedcnt
professional a~iags and consuhams from all claims,
dam~, losses and ex~ns~ including mtorn~ys'
arising om of or gsuRiug lh~efrom. Any such
or adaptation will eo~tle ~NOlN~R m furlhg~
com~nsaUon al raids to b~ a~ u~n by OWN~ and
~NOIN~R.
7.2. ~e obligation m providc furor sorvices under
A~sm~nt may be g~i~ by erbar parly upon thiriy
days' ~ingn notice in ~ event of so.modal [aiiug by ~
o~r paay m ~f~a ia ago~an~ wi~h ~c g~
~ugh no fault of ~c grminadag pa~. la ~o event of aoy
tcm~ination. ~GINEER will bg paid for all grvicos
gnde~ m~d gimbuc~hlc ox~ incmr~ m ~o dam of
g~ination and, in mldifion, ~1 gimbu~able expon~
di~ily attributable to
7.3.1. OWNER ~ ~G~R ~ ~s h~by ~u~ and
the paRa~, su~ssors. ~x~, ~nistralo~ a~ legal
repmgmativcs of O~ER and ENG~R (and ~ thc
cxtcm ~t~ by p~a~aph 73.2 tls ~igm of O~
ned ~GINP~R) ~ h~by hound to dm o~ p~ to ~
Ailment and b~ thc p~t~. sug~sso~, c~utO~.
administrators ~d legal ~p~enmdv~ (a~ said ~i~)
of such olher p~ty, in ~[ of all mwnaa~,
ned obligations of this A~c~nt,
7.3.2. Noi&~ OWNER nor F~GIN~R shall ~ign,
sublei or ~amf~ say fi~ts und~ or in.st in
but wi~out limitation, moneys ~hat m~y b~cnmc d~ or
moneys ~t ~ duc) ~his Ag~nt ~lboul ~c
comcm of ~g o~r, except lo d~ ex,eat that any
assigmlgnt, subl~ing ~ ~f~ ~ um~dal~ by law ur thc
cff~l of this limi~tion may ~ gs~ricl~ by law. Unless
spgifi~lly stud m ~e con~y iu any ~iuen c.nscnt
ao assigm~nL no a~igamont will ~1~ or di~argc thc
g~ignor t~m any duty or r~poasibility under this
Ag~mem. No~ing cont~ncd in ~his pam~aph shall
prevem ~G~ from employing such
p~fe~ion~ ~i~s and Uo~ulI~IRS ~ ~G~
de, om appropriate m assist in th~ performance of services
he~undcr.
7A. BNGINBER a~wccs t,, mui,uxiu Workers'
Compcnsation Insurance to cnvcr all of its own pe~onntl
enga~ in pcrforngng services for OWNER undor this
Agr~mcnt. ~G~R also a~ccs m muintaln public
liability insulate covoriug claims against ENGINEER for
damages r~uliing from bMily inb~W, death Or
damage ~om ~c~dcnZs arising hx ~he course of scrviccs
p~rformed under this A~monL
~.~. To the gullet ~teM pc~ltted by law, OWNER
shnB indemnify and hold hm~nles~ ENG~ERR,
ENG~EER's officers~ dlrectors~ partners, employee~
nad agents ~d ENG~EEWs consultants f~m and
against nny and all e~i~ costs, losses and da~g~
(including, but not R~ted to~ nil fe~s and cha~ of
tu~nee~, are~c~, at~o~eys and other p~f~si~nals
hud nil eouR or arbit~go, or other dispute r~iugon
eos~) ~as~ ~i~ by th~ negligent ac~ or o~O~ of
OWNER or O~RR~s o~gg~, directors, pnrme~
employe~, ngen~ nnd OWNER's emtsultnuts with
rg~peei to tiffs Agreem~t or ~used by, arising out
or ~afing to ~e pr~uee, d~ehnrge, release, or
of asb~s, PCB's, petroleum, hnznrdous w~te, or
radioactive ~leg~ ag on~ uuder or f~m the ~udy
ENGINEER's ~1 Ilnbility to OWNER and anyone
dating by, ~rough or under OWNER for any claim,
cost, Io~ or da~g~ caused in part by the ncgfigcnce of
ENGINEER and in psrt by the negligence of OWNER
or nay o~er negligent eafit~ or individual, shnll not
~e~d &e pereeu~ge share ~at ENG~EER~s
neglig~ce bears to Ihe total negligencc of OWNER~
gNG~E~R and all o~er negligent cntifi~ nnd
individuals det~ngd on the basis of comparative
negligen~ principle.
~.6. To ihe f~lest extent permitted by 4nm, and
aotwithsmn~g any off,er provision of this Ag~g~ng
the total HabRity~ in 0~e nggregale, of ENGINEER and
RNGIN~ER~s offie~rs~ directors, portage, employe~,
ngen~ and ~G~EER's conml~n~s, and any of
to OWNER and anyone claiming by, ~hrough or under
OWNER, for any and all claims, losses, cos~ or
dn~g~ ~ha~v~ aging oat ur, r~ulting from or
nay way r~ated to ~e Project or the Agreem~t from
nuy ca~ or ~uses including but n.t limited ~ ~e
negligence, professiounl errors or o~ssions, s~ict
liability or breach of contract or warranty exp~ or
lmpliM of ENGINEER or ENGINEER's offite~,
di~c~rs~ pa~ners, employees, agen~ or
consultan~ or any of tbem~ shall out exceed Ihe
gompensntion re~v~ by ENGINEER or
dollars, whichever g less.
7.7 OWNER and ENGLNF.~R arc each bound to a pol!cy
of nol~di~rimination ~d ~ual empioy~nt opponuntiy.
OWNER and ~G~BBR commit~ to complying wilh
Executive Order 11246. as amendS; Titlc VB of thc Civil
Rights Act of 19~; ih~ Civil Rights Act of 1991; S~tion
503 of ~c Roh~ilimiion Act of 1973; S~tlon 402 .f th~
Viemam Era Vc~r~s Rcadjustmen~ Assistan~ Act of
1~4; ~ ~oricnn~ wi~ Disabilities ~t of 19~; tho ~
Di~rimlnntion tn ~ployl~nt A~ of 1967; ~c ~ual Pay
Act of 1963 ~d any othor ~plicablo lo~l, s~te ~ fcde~l
s~alol~ or regulati~ms.
~.8. Nothing und~ this A~n~nl shall b~ con~ed ~o
give any rights or bcnc~ts in thi~ Ag~moot ~ ~nyone
other 11ton OWNER and ENGINEER, and all dutics and
rospoosibililie~ und~rtcken pursuant to this Agrccmcnt will
for ~hc solo and cxclusivc bone. fit of OWNI~R and
ENO]NEER and not for thc bcnc~t of any oihcr pm'ly.
7.9. This Agre~nont (consisting of pagC~ ] to ]0
inclusive) togcthcr witlt Exhibit SR-A cons6tutc thc cntirc
Agrc~mcol hctwc~n OWNER and ~G~R and
sopor~ all pri~w ~t~n or oral und~rsta.0ings.
Agr~llmnl and snid ~xhihil SR-A may only be
supple~m~, modifi~ or cancelled hy a duly cx~utcd
~itmn instru~nL
|The ~est of ~hi~ pnge left blank intcntionally.]
IN wITNESS WHIIRF. OF, the parlios hor~lo have made nnd e, xoouted this Ag?cement a.s of thc ~l,'ly and
wretch,
ENGINEER
owNF. R
Alan Mu¢ller
~l,Ut¥ Ci~ ~noer
Title
Mittot~ W. Richter. PE
Transoortntlon ,"~-6~am Malinger
Title
EXHIBrr SR A TO AGRI.iEMF, NT BETWUUN OWN'ER
AND ENG1NI!P,R POR STUDY AND REPORT PRO
SIONAL SURVICES DATF, D DECF..MBER 30, ] 999
~.~=.~..~FOR USE WfrH NO. 1910-19 (1!a8.5 Edition).
~escription:f Basic Services, Duties of Owner, Method of Payment and Rdatcd Matters
· ' ' ada a n'art of tte Agreement dated Decqmber 30~ 1999 between the City of p~grlund
This iS Iffloxhlblt ~lla~h.cd.[o .and m~ .~_,.._.._ t. n~_NCIINEER) for study and report professional scrvlue~.
(OWNF. R) and LOCKWOOtl, AnorOWS o~ ~'~= ...... ..C ......
I. The Scopo °f Serviccs t° be provided by ENGllqll~''R shatl include the fnli°wing:
SCOPE OF SF, RVlCI~
CITY OF i,RARLAND /HARRIS coUNTY AREA ACCF~~;S & CORRIDOR STUDY
STUDY OB,IECTIVE - ·
The City nf Puarland and Harris County have identified tile need for addmnnal access and circulation in lite east
side of the city dial would connect major fi.ceways, su¢it as IH 45 and llehway ii on the northe~xt aide of tho
as Oreadwa Road, which arc of the lesser in~portancc and Provide "'cccss
city, with Flvi 518, otherwise known Y
only to resJdcntiul developments. Significant traffic volumes cut thruugh titese reaidcntial collector streets
during peak pcriuds to travel from tho vicinily of IH 45 on lite northcast side of thc city to Broadway Road.
The purpusa of this study is to identify alternative thoroughfare alignments thai woukl improve access and
cimulation iii the City of Pentland.
Tile study will curer an area within the following boundaries:
Dixie Farm Road on the east sldo,
· SH 3~ on the WeSt,
· I::M 51 g on tho south, and
· Blaekhawk I Beamer Road on the north.
I. DE, LIN 'libATION OFSTUDY
At the beginning of the study the consultant with assistant:c from tho Tcchnieal Committee will
nstablish guidelines and criteria on which tho aheruativc thoroughfare afignmcnts will be cval. uatcd.
Such criteria will bc us'~l to quantify impacts in the following study areas:
Ttavol Demand
· Conuepmal economic impacts
· Engineering Feasibility (Benefit/Cost Analysis)
DATA COLLECTION
The following data will b~ collected from various sourcns;
· Rcviow past traffic fi.om vlu'ious sources
· Rcviuw previously completed studies in tho project area
· Obtain Travel Demand Model Data From HOAC
· Obtain photographic information in electronic format
· Obtain available tnp%waphic maps of tho area from varinus suurccs
· Identify economic growth indicators
· Identify short and long range transportation improvements in thc area
Obtain existing traffic cuum data
· Obtain construction cost factors ibnn Harris County and othUt' sources
· Obtain and ~viow flood plain data
During the cnurse of tho study, additional data requkemcms may be identified.
1111.
IV.
cONDUCT TRAVEL DEMAND FoRECA,~rS alternative
The travel demafid forecasts will estimate thc ~um~r el v=hiclc~ cxp~ to use
thorough alignments on an average day in thc bas~ y~ar and a forcc~t ye~. '['hc following will
. Review and ~sess HGAC da~ for comptc~ncss
. Review and u~a~ ~vel demand m~l network tu ~flect cxistiog roadway c~nditions (b~e
yea? and idcMify ~ facm~ in o~cr to update it lo tim h~c year.
· RcvmW existing trip tabl~
~is will ~uim input from lhe T~hnic~l O)mmilt~. Hislo~cal population m~d employmcal
~rendg will ~ ~view~ for ~ch Trs~c ~ ~me ~AZ)
. perform tond~y inventor. This will involve ~m~ fl~ld invosligation~ to demrminc
fuoclional classifieMion of c~h ro~way liuk and aim Io id~mify number of l~ncs mid speeds
co each logical Ro~onl of ~o
· ConvOfl &B Ibm1 I.IOAC feint to ~I.~ format by applying custom pr%~a~ning
routinos
. Identify ~ hour traffic cconl locations along thr~ semen lln0s
~ Calibtalo base y~ar mudel to refill cu~nt yo~r traffic ~ondilioo~
~ Identify commiRed Iran~nrtation proj~ls iii Iht study area and upgrade mod~l ne~work
(R~) ne~work) ' '
· ~view HGAC's fulurc y~r trip ~hlcs. Asse~ ~o~h TalCs &)r ~flc]l T~ taking m to
consideration major Iraffic gene~mrs that are plann~ ia thc ama. Modit~ ~o~h rates
n~ary ~& iopul from the T~hnical eommitt~. The prt~uct of this work will result in au
u~st~ trip tablo for the fumm year
· Using tho t~vol demand so'el, produ~ Irfl~c a~qiguments (daily ~raffic) fi)r the follo~ng
seenarlos:
I. ~xisting plus ~n~mill~ re.way nelwork ~or Ihe b~ year
2. Rxisting plu~ Commill~ m~way network for the fum~ 0~rgeO year
3. ImprOv~ roadway network (3 ahernntivos) for ~he base year
. lm tow ro~y network (3 al~mutivoS) for tho future OargcO yom'
· A~c~ modPol ~sulls such ~q VIC ~tlos, capactue~, travel amos and udmt factor~ m order Io
evalualo tho alternative lhoroughfa~ nlignmonls devclop~
· Usillg Ibc msul~ Of ~e t~vol demand m~ol, for cash nhernativc thomughfi*m aligmnent,
develop trav~l-lime savings a~ v~iolo o~rating cosl ~avings. Th~se t~tors will be
~o ~nofit I cost a~lysis
CONCEal'UAL CORR~OR P~NN~O AND
vela and evaluam con~ptual alternative ~oroughfarc aligamonC~ Io accommmla~
This ~k will de~ p .......... m ~ -rovid~ by ~e 'l'~huical Commiu~, ~c ~oll~Ting will
~ p~fo~e4:
· ~p~C Sl~y ~u map
~volop ~hr~ ~lornaljvo ~oroughfa~ alignmom~
f~otor~ to tim T~hni~al Commiteo ~d ~ok ic~ approval
prepare eonstmolion coal ~glimal~ for each altoma6v~ thuroughfnre aligmnoel
Ve
VI.
ECONOMIC IMPACTS
lief each alternative thoroughfare aliRmueltl, a React'al overview of the economic impacts tu the area
will b~ progenY. ~is efl~fl will nddm~q how each altcrnalivc ~11 aff~ shupping paltcrn~ in ~o area.
FINANCIAL FRASIBILITY
Considorin§ all benefits and costs fei each aRcmntive, }itb cycle benefit co.~l annlyscs will bc
· benefit / cost s'atios will hc developed
performed, l~inanoial feasibility indicators, such ~.'~ capitol costs,
Ibr comparing alternatives. Tho r~sulls of this task will loc preseoted to thc Techoical Comff~itlee for
review,
]MPLEMkzNTATION I'LAN
Using cfimrin from Gte efforts of;he ~tudy, euch Ioglcnl scgmCn! of thc preferred thoroughi~rc
alignment will ~ ~si~n~ a woigM~ value, which will bc u~cd to develop ~ priurhlcs lis~ of projects.
Crilcria, such as thc following, may bc us~ for ran~ng logical s~gmcnts of linc pre/Cfi*cd alignmcn[:
1. ~c~ and futU~ Icvcl o~ ~rvlcc,
2. ~st ~C~ors,
3. ~ight or'ay av~il~ility, m~d
4. Bcn~fit / ~st ~ios
VIH.
Committ~ for rcvtcW ano co~el.~. -,,~ ---, ,- , renn~ Twenty (20) copies of lhe nnm
Commit~ ha~ ~viow~ and appfov~ thc con~nC~ of tho draft --~ ....
repo~ will be suhmit~ m thc City of Pc~land.
PROJECT COORIDNATION
All efforts of this study will bo coordinated with repre,~cntatives from tile City of Pcarlnnd,
County and oilier abmncies as d~m~ appropriate. A T~hnica{ Committ~ will be formed
coordina~ and monitor tho pro~ess of tho study. Monthly m~tings will bc held ~ong ropre~cntativcs
of the T~i~l ~mmitt~ and th~ consul~nt.
TIMl~ $CIIF. I)ULg wilhin a time frnmo of a six (6) month period, mst,ming ~imcly rcviews of
The siudy can bc complcl~l
intermudiat~ study r~sults by the invulv~ agencies and thc T~hnica] Commltice.
2, Tho Besic Services ofI. I.NOIN'EER as d~scdbc, d in Section I of s~id AgrcOmettt arc ~anonded m~d .~upplemen~cd es fi~llows:
n.q follows:
3. Thc rosponsibilitics of oWNER as d~cnhcd m Section 3 of said A~'ccmcn[ arc amcndcd n ~d supplcmcn ed
4. Thc. time pcriod for lbo performMIce of BNGINP. ER's Scrvices is a.,~ ibllow$:
Not to exceed six (6) months.
5, ?aymcnt for Serviccs is as follows:
^. Basic Services: Compensation will hca lump sum ~moutit of $S1~450.00.
' ' ' Agu:cme~t ~ of thc day and year first above
WITNESS WHflREOF, Ihe p~ies hello have m~e and ~u~ th~s
ENGI~ER
OW~R
THE STATE OF TEXAS §
COUNTY OF HARRIS §
JAN ~ 5 2000
APPROVE
Recorde~l Vol Page
The Commissioners Court of Harris County, Texas, convened at a meeting of s~i__d .~rt
at the Harris County Administration Building in the City of Houston, Texas, on the~ day of
~ ~-~_,~v~) e;am,'Thvith the following members present, to-wit:
Robert Eckels
E1 Franco Lee
James Fonteno
Steve Radack
Jen'y Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No. 2
Commissioner, Precinct No. 3
Commissioner, Precinct No. 4
and the following members absent, to-wit: ~ '
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY
AND THE CITY OF PEARLAND TO FUND A STUDY EVALUATING THE MOBILITY OF
VARIOUS EXISTING AND PLANNED ROADWAYS TO DEFINE THE PRINCIPLE
ACCESS ROUTES WITHIN THE REGION INCLUDING THE SOUTH BELT/BAY
AREA/HOBBY AIRPORT AND THE CITY OF PEARLAND
Commissioner ~ - .,,3ntr°d.uced an order and made a
motion that the same be adopted. Commissioner w-~_~ seconded the
motion for adoption of the order. The motion, canTying with it' the adoption of the order,
prevailed by the following vote:
AYES:
NAYS:
ABSTENTIONS:
The County Judge thereupon announced that the motion had duly and lawfully carded
and that the order had been duly and law-fully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge Robert Eekels is authorized to execute for and on
behalf of Harris County an Agreement by and between Harris County and the City of Pearland to
fund a study evaluating the mobility of various existing and planned roadways to define the
principle access routes within the region including the South Belt/Bay Area/Hobby Airport and
the City of Pearland, said Agreement being incorporated herein by reference and made a part
hereof for all intents and purposes as if set out in full word for word.
SCOPE OF SERVICES
PEARLAND / HARRIS COUNTY AREA ACCESS & CORRIDOR STUDY
STUDY OBJECTIVE
The City of Pearland and Harris County have identified the need for additional access
and cimulation in the east side of the city that would connect major freeways, such as IH
45 and Beltway 8 on the northeast side of the city, with FM 518, otherwise known as
Broadway Road, which are of the lesser importance and provide access only to
residential developments. Significant traffic volumes cut through these residential
collector streets during peak periods to travel from the vicinity of IH 45 on the northeast
side of the city to Broadway Road.
The purpose of this study is to identify alternative thoroughfare alignments that would
improve access and cimulation in the City of Pearland.
The study will cover an area within the following boundaries:
· Dixie Farm Road on the east side,
· SH 35 on the west,
· FM 518 on the south, and
· Blackhawk / Beamer Road on the north.
I. DELINEATION OF STUDY
At the beginning of the study the consultant with assistance from the Technical
Committee will establish guidelines and criteria on which the alternative thoroughfare
alignments will be evaluated. Such criteria will be used to quantify impacts in the
following study areas:
· Travel Demand
· Conceptual economic impacts
· Engineering Feasibility (Benefit/Cost Analysis)
II. DATA COLLECTION
The following data will be collected from various sources:
· Review past traffic from various sources
· Review previously completed studies in the project area
· Obtain Travel Demand Model Data From HGAC
· Obtain photographic information in electronic format
· Obtain available topographic maps of the area from various soumes
· Identify economic growth indicators
· Identify short and long range transportation improvements in the area
· Obtain existing traffic count data
· Obtain construction cost factors form Harris County and other soumes
· Obtain and review flood plain data
During the course of the study, additional data requirements may be identified.
III. CONDUCT TRAVEL DEMAND FORECASTS
The travel demand forecasts will estimate the number of vehicles expected to use the
alternative thorough alignments on an average day in the base year and a forecast
year. The following will be performed:
· Review and assess HGAC data for completeness
· Review and update travel demand model network to reflect existing roadway
conditions (base year)
· Review existing trip table and identify growth factors in order to update it to the
base year. This will require input from the Technical Committee. Historical
population and employment trends will be reviewed for each Traffic Area Zone
(TAZ)
· Perform roadway inventory. This will involve some field investigations to
determine functional classification of each roadway link and also to identify
number of lanes and speeds on each logical segment of the roadway
· Convert data form HGAC format to TRANPLAN format by applying custom
programming routines
· Identify 24 hour traffic count locations along three screen lines
· Calibrate base year model to reflect current year traffic conditions
· Identify committed transportation projects in the study area and upgrade model
network (E+C) network)
· Review HGAC's future year trip tables. Assess growth rates for each TAZ taking
in to consideration major traffic generators that are planned in the area. Modify
growth rates if necessary with input from the Technical Committee. The product
of this work will result in an updated trip table for the future year
· Using the travel demand model, produce traffic assignments (daily traffic) for the
following scenarios:
1. Existing plus Committed roadway network for the base year
2. Existing plus Committed roadway network for the future (target) year
3. Improved roadway network (3 alternatives) for the base year
4. Improved roadway network (3 alternatives) for the future (target) year
Assess model results such as V/C ratios, capacities, travel times and other
factors in order to evaluate the alternative thoroughfare alignments developed
Using the results of the travel demand model, for each alternative thoroughfare
alignment, develop travel-time savings and vehicle operating cost savings. These
factors will be used in the benefit / cost analysis
IV. CONCEPTUAL CORRIDOR PLANNING AND ENGINEERING
This task will develop and evaluate conceptual alternative thoroughfare alignments to
accommodate the projected traffic volumes. Input will be provided by the Technical
Committee. The following will be performed:
· Prepare study area map
· Develop three alternative thoroughfare alignments
· Review and assess basic construction cost factors. Present recommended
construction cost factors to the Technical Committee and seek its approval
· Prepare construction cost estimates for each alternative thoroughfare alignment
V. ECONOMIC IMPACTS
For each alternative thoroughfare alignment, a general overview of the economic
impacts to the area will be presented. This effort will address how each alternative will
affect shopping patterns in the area.
VI. FINANCIAL FEASIBILITY
Considering all benefits and costs for each alternative, life cycle benefit cost analyses
will be performed. Financial feasibility indicators, such as capital costs, benefit / cost
ratios will be developed for comparing alternatives. The results of this task will be
presented to the Technical Committee for review.
VII. IMPLEMENTATION PLAN
Using criteria from the efforts of the study, each logical segment of the preferred
thoroughfare alignment will be assigned a weighted value, which will be used to develop
a priorities list of projects. Criteria, such as the following, may be used for ranking
logical segments of the preferred alignment:
1. Present and future level of service,
2. Cost factors,
3. Right of Way availability, and
4. Benefit / Cost ratios
VIII. REPORT DOCUMENTATION
Upon the completion of all tasks, five (5) copies of the draft report will be submitted to
the Technical Committee for review and comments. The final report will be published
only after the Technical Committee has reviewed and approved the contents of the draft
report. Twenty (20) copies of the final report will be submitted to the City of Pearland.
Xl. PROJECT COORIDNATION
All efforts of this study will be coordinated with representatives from the City of
Pearland, Harris County and other agencies as deemed appropriate. A Technical
Committee will be formed to coordinate and monitor the progress of the study. Monthly
meetings will be held among representatives of the Technical Committee and the
consultant.
TIME SCHEDULE
The study can be completed within a time frame of a six (6) month period, assuming
timely reviews of intermediate study results by the involved agencies and the Technical
Committee.
0
0
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COLrNTY
AND THE CITY OF PEARLAND FOR THE STUDY EVALUATING THE MOBILITY OF
VARIOUS EXISTING AND PLANNED ROADWAYS TO DEFINE THE PRINCIPLE
ACCESS ROUTES WITHIN THE REGION INCLUDING THE SOUTH BELT/BAY
AREA/HOBBY AIRPORT AND THE CITY OF PEARLAND
THE STATE OF TEXAS §
COUNTY OF HARRIS §
On this the day of , , the
Commissioners Court of Harris County, Texas, sitting as the goveming body of Hams County,
upon motion of Commissioner ~ seconded by Commissioner
, duly put and carried,
IT IS ORDERED that the County Judge Robert Eckels is authorized to execute for and on
behalf of Harris County an Agreement by and between Harris County and the City of Pearland
for the study evaluating the mobility of various existing and planned roadways to define the
principle access routes within the region including the South Belt/Bay Area/Hobby Airport and
the City of Pearland, said Agreement being incorporated herein by reference and made a part
hereof for all intents and purposes as if set out in full word for word.