R2009-154 - 2009-09-14RESOLUTION NO. R2009-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE REGIONAL DETENTION MASTER
PLAN.
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 Regional Detention Master Plan, 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 Regional Detention Master Plan.
PASSED, APPROVED and ADOPTED this the 14th day of Se tuber, A.D., 2009.
~~
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-154
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on 09-14-2009 by and between the City of
Pearland ("CITY") and Klotz Associates, Inc ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Regional Detention Master Plan ("PROJECT"). (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 assist the City in development of a Regional Detention
Master Plan that will be implemented by Cit sy taff. 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.
-1- 10. Revised 11/15/07
F. The CONSULTANT 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 any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non-owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
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.
-2- 10. Revised 11/15/07
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.
H. All parties intend that the CONSULTANT, 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 12 months upon issuance of a Notice
to Proceed.
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is hourly not to exceed rate. Total
compensation for the services performed shall not exceed Two hundred fifty
thousand dollars ($250,000).
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:
If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 85% of the total CONTRACT prior to submittal of draft report
and 95% of the total CONTRACT amount prior to submittal of the final
report deliverables.
B. 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.
-3- 10. Revised 11/15/07
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 project 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
CONSULTANT 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 CONSULTANT'S work shall not relieve
CONSULTANT'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.
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 Klotz Associates, Inc, 1160 Dairy Ashford, Suite
500, Houston, Texas 77079. 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.
-4- 10. Revised 11/15/07
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.
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 maybe 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 CONSULTANT 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.
-5- 10. Revised 11/15/07
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 14th day of
September
CIT OF ARLAND, TEXAS
Bill Eisen
City Manager
~~~~
CONS TANT
Klotz Associates, Inc
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-(- 10. Revised 11/15/07
Exhibit A
August 24, 2009
Mr. MickieI G. Hodge
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: City of Pearland Sub-Regional Detention Drainage Plan
Klotz Associates Project
Dear Mr. Hodge:
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7304
houstorl.office@klotz.com
Klotz Associates, Inc, is pleased to provide this proposal to perform engineering services for
preparing the City of Pearland Sub-Regional Detention Drainage Plan. The project is to
conduct aSub-Regional Detention drainage plan to provide recommendations for the
improvements necessary to meet the City of Pearland's growth and future needs. The plan
will focus on sub-regional detention basins and other applicable improvements. The plan will
provide options for future developments to buy into sub-regional detention basins for the City
and ETJ. The objective is to avoid the proliferation of small on-site detention basins that take
up developable land and are not always built nor maintained to provide benefits to Pearland.
The detention basins will be configured to serve as dual use facilities where practical. The
final report of this study will compliment the 2008 Updated Master Drainage Plan of the
Pearland Master Drainage Plan. GC Engineering (GCE) is to assist Klotz Associates, Inc
with this work as a subcontractor to Klotz Associates, Inc and their estimated effort will
represent thirty percent of the project. Following is a list of the tasks planned as part of this
update.
TASKS
Task #1 -Kick off meetiz>t~
1. Kick off meeting with staff to discuss goals/objectives for the plan.
Task #2 -Data CoItection:
1. Conduct field reconnaissance.
2. Obtain and review the latest available hydrologic and hydraulic models, reports, plans and
other helpful data from City of Pearland {City) staff, BDD4, HCFCD, Clear Creek
Watershed Steering Committee, Brazoria County or from others.
3. Obtain LIDAR data for the Brazoria and Harris County area of Pearland (as available}.
4. Obtain 2008 HGAC aerials for the City and adjacent areas from the City.
S. Work with the City of Pearland staff to understand current development trends and their
future plans for the City and acquire the City's zoning map to utilize the City's Land Use
Map to establish future developmentllanduse and densities.
6. Review UDC and development requirements to determine how they impact this plan.
klotz~~l~associates
klotz~~l`associates
Mr. Mickiel G. Hodge .
August 24, 2009
Page 2 of 6
7. Work with City staff to determine what has been implemented in the CIP Project and the
Master Drainage Plan to determine changes that may be needed to the models and
potential impact on the development of this plan.
8. Identify areas that may need updating or additional consideration from the models.
9. Identify new developments or other information that will need to be included or need to be
added into the hydrologic and hydraulic models that have been built that were not
included in the previous Master Drainage Plan models.
10. Identify areas that have been annexed by the city and any azeas that are planned for
annexation in the near term that need to be incorporated into the hydrologic and hydraulic
models.
1 I .Identify flooding and drainage problem areas from the initial data collection.
12. Work with City staff (engineering and planning) to identify large tracts of land that are
located in strategic locations within the watersheds to possibly serve assub-regional
detention sites.
Some modeling is needed however the coal is to minimize the modeling efforts
Task #3 -Review data collected
1. Perform broad based review of the collected data.
2. Determine viable options and scenarios to develop a base strategy for the sub regional
detention program.
3. Present summary of options and scenarios to City staff for confrmation on base strategy.
Task #4 -Update models with LIDAR or other data:
1. Begin the hydraulic modeling effort using the available hydraulic models.
2. Determine areas that need updating using available LIDAR or other data.
3. Determine areas where additional hydrologic or hydraulic modeling is needed based on a
review of the available models, comparison of the development trends and therefore a
deterxnination that additional modeling is needed.
4. Coordinate with City on available data that is available that may help in the modeling.
5. Incorporate LIDAR or other data into models only as needed.
Task #5 - Hvdrolo~ic and Hydraulic Modeling:
I. Incorporate additional improvements constructed by the city into the models.
2. Solicit and include additional repetitive loss data from FEMA into the plan.
3. Include other specific information from staff or others.
4. Convert useful data from the previous plan into HEC-HMS models. Perform hydrologic
analysis for establishing design flows for each watershed. HEC-HMS hydrologic models
will be used to perform the sizing for watershed (major drainage channel analysis). The
rational method or site runoff curves will be used for site specific analysis, where
klotz~~f~associates
Mr. Mickiel G. Hodge
August 24, 2004
Page 3 of 6
appropriate. The analysis is to deternne the design flow rates under existing conditions
and ultimate developed conditions.
5. Run LIDAR for the City to develop one foot contour lines. Obtain available Lidar contour
lines from the City.
6. Identify potential ponding areas from a review of the LIDAR data and from a ponding
evaluation.
7. Update the flows for the watersheds using the available hydrologic data and other inpu#
data from tasks described above.
8. Begin the hydraulic modeling effort using the latest available hydraulic models.
9. Update the hydraulic models using data from tasks described above.
I0. Convert useful data from the previous plan into HEC-RAS models. Perform hydraulic
analysis of major storm sewer systems using aback-water spreadsheet program and open
channel drainage using the HEC-RAS computer program or a normal depth spreadsheet.
The city will provide a map in GIS locating all of the existing storm sewer system
locations and sizes. The analysis is to evaluate the conveyance capacity of the existing
system and to determine the required additional capacity.
11. Review the current City of Pearland design criteria for storm sewer and open channel
design and development criteria. Make recommendations for updating the criteria in
regards to surrounding conununity and agency criteria. Need to address previous criteria
of purchasing regional detention to determine if changes are needed.
12. Identify problem areas on a map of the City that include: structural flooding, areas of
restriction, areas of significant ponding and other areas where drainage problems occur or
may occur due to future development potential.
13. Identify a criteria or goal that will be used in determining what is an acceptable goal or
solution to the identified problem areas. The criteria may indicate a need to maintain or
reduce flows within the area or it may indicate a need to maintain or reduce water surface
elevations within an area or the criteria may identify other coritrolling issues.
Task #6 -Develop geometry basics for detention basins:
1. Work with Iandscape consultant to develop a range of basic geometry alternatives along
with the relative benefit and impact of the various geometric issues presented for detention
basins and for channel improvements as needed. The geometry issues will address issues
concerning:
a. Side slopes
b. Wet basin vs dry basin issues
c. Depth of basin
d. Probable dual use amenities
e. Vegetation
f. Inflow and outflow structures or facilities
g. Maintenance
kkotz+l~associates
Mr. Mickiel G. Hodge
August 24, 20Q9
Page 4 of 6
h. Other issues
2. Present the alternatives to staff for discussion, input and selection of basin geometry.
3. Solicit input to geometry issues at the public meeting.
4. Adopt the recommended geometry for detention basin and for channel improvements for
use in this plan.
Task #7 -Public Meeting:
1. Work with the city to participate in a public meeting to solicit input on problem areas,
public perspective on basin and channel geometry issues, location of sub-regional basins
and input into the overall plan.
2. Determine problem areas from a review of the models and data and from input from City
staff, public comments and other information.
3. Participate in a public meeting to submit updated information on the models to the public
and to solicit input to the plan from the public. Prepare the agenda and bring applicable
printed exhibits and PowerPoint presentation to public meeting. City is to pay for any
advertisements or notices.
Task #8 -Future developments:
1. Determine acid document the azeas most likely to develop within the next 10 years from
input from the staff.
2. Solicit development information from developers or others using information provided by
the City to contact them.
Task #9 - Analyze Potential Alternatives:
1. For the identified problems along major drainage channels, study and analyze altexnatives
for drainage improvements, with an initial focus of mitigation using sub-regional
detention and then channel improvements, flow diversion and storm sewer improvements.
Identify service area for each sub-regional detention pond.
2. Evaluate locations and sizing of sub regional detention facilities to address existing
conditions. Evaluate sub-regional detention basins for service area, size and capacity of
basin. Submit information on the locations of the possible sub-regional detention basin.
Work with the City to select the most feasible sites for sub regional detention.
3. Evaluate upstream and downstream channel improvements where needed to convey
existing flows to the sub regional detention basins.
4. Evaluate locations and sizing of sub regional detention facilities to address future
developments as identified in the task above. Ponds should be functional, usable and
target repetitive structural flooding properties.
5. Evaluate channel improvements where needed to convey future development flows to the
sub regional detention basins.
kiotz+~I~associates
Mr. Mickiel G. Hodge
August 24, 2009
Page 5 of 6
6. Determine the additional drainage right-of--way requirements for the improvements
described in items above. A maintenance berm requirement around sub regional detention
facilities where required and on both side of channel improvements will be evaluated for
determining needed right-of-way. Estimate the fee to buy into a sub regional detention
facility, which will include capital cost and. 2, 5, or 10 year maintenance cost as
determined by the City.
Task #ZO -Report Recommendations
1. Prepare construction cost estimates and implementation plan for the feasible alternatives.
2. Evaluate benefits and costs and develop a recommendation on a CIP.
3. Prepare options for funding the construction and maintenance of the facilities.
4. Prepare a full report for the Sub Regional Drainage Plan that identifies the goals of the
plan, the recommended sub regional program, recommended improvements and schedule,
implementation schedule, funding options, timing of improvements based on the projected
growth and recommended Capital Improvement Plan (CIP). This report is intended to be
used in conjunction with the previously prepared Master Drainage Plan. The report will
include watershed maps and service areas for the detention pond and improvement area. A
goal of this report will be to minimize channel construction or improvements and to
develop a program that will be implemented by the City.
5. Provide recommendations for drainage improvements.
6. Present ten printed copies and a PDF version of the draft plan to staff and council for
review and comments.
7. Incorporate applicable changes to the draft report and models from council and staff
comments.
8. Submit twenty printed copies and PDF version of the final report to the City for
distribution.
9. Attend monthly meetings, perform project managernent and conduct quality control. This
will include two workshops with Council.
ESTIMATED BUDGET
A total cost with a not to exceed amount of Two Hundred and Fifty Thousand Dollars
($250,000.00) is recommended for the above services which also includes the work to be
performed by subcontractor GC Engineering on this project.
The estimated budget includes twenty printed (20) copies of the final report. If more copies
are required, additional budget will be requested. The estimated budget amount includes sub
consultant costs associated with the landscape consultant.
klotz~l~associates
Mr. Mickiel G. Hodge
August 24, 2009
Page b of 6
](#ems not included in the scope of work fee are:
The estimated amount does not include following costs:
l . field survey
2. geotechnical investigation
3. environmental investigations, phase 1 and phase 2
SCHEDULE
The estimated time for completion of the tasks in the above scopes is approximately twelve
(12) months after receipt of the executed copy of this Agreement. The estimated time far
completion includes review time for City of Pearland's review, one draft review and one final
review. See the attached bar chart schedule.
ADDITIONAL SERVICES
Services requested and authorized by the City of Pearland which are not a part of the above
scope will be additional services. Work on additional services items will not begin until a
written authorization and notice to proceed are signed and received. An additional scope and
estimated budget will be presented accordingly priox to commencement of the additional
services.
Please review this scope of work and budget and contact us when you are prepared to finalize
the agreement. We appreciate this opportunity to submit our proposal and look forward to
working with you.
Sin erely,
'J .
Gary L. Struzick, P.E., CFM
Vice President
Attachments
klotz~~l`associates
RATE SCHEDULE
LABOR CATEGORIES
Principals
Department Manager
Senior Project Manager
Project Manager
Senior Project Engineer
Project Engineer
Associate Engineer
Project Coordinator
GIS Specialist
Senior Designer
Designer
Senior CADD Technician
CADD Technician
Clerical
HOURLY RATE
Multipliers range from 2.8 to 3.0.
$210.4a
$210.40
$190.40
$175.40
$160.40
$140.40
$130.40
$140.40
$120.40
$125.40
$11s.4a
$100.40
$85.40
$75.40
September 2009 Page ] of 2
klotz~~l~associates
REIMBURSABLE EXPENSES
CATEGORY
1. Plan Sheet Reproduction
A. Commercial
B. In-House
2. Photocopying
A. Conunercial
B. In-House
3. Per-Diem -Subsistence
4. Lodging
S. Computer
6. Mileage
7. Plotting
A. Draft
B. Mylar
8. Facsimiles
9. Data Cartridge Tape Transfer
10. Deliveries, Telephone, Parking, Tolls, Photos
11. Subconsultants
CONTRACT RATE
$0.09 Per Square Foot
$0,20 Per Square Foot
$0.06 Per Sheet
$0.15 Per Sheet
$30.00 Per Day
$100.00 Per Night
$15.00 Per Hour
$0.55 Per Mile
$2.00 Per Square Foot
$5.00 Per Square Foot
$1.00 Per Page
$100.00 Each
Invoice + 10%
Invoice Cost +10%
September 2009 Page 2 of 2
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