R2011-125 - 2011-10-24RESOLUTION NO. R2011-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH SPECTRUM REGIONAL DETENTION POND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the
Spectrum Regional Detention Pond, 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 services associated with the
Spectrum Regional Detention Pond.
PASSED, APPROVED and ADOPTED this the 24th day of October, A.D., 2011.
c..\„„„ 2„
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2011-125
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on October 24, , 2011 by and between the
City of Pearland ("CITY") and LJA Engineering, Inc. (LJA) ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Regional Detention Basin Impact Analysis ("PROJECT"). (Project # 1607-1101)
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 develop detention scenarios for the regional detention
basin to be located in the southwest quadrant of Beltway 8 and SH 288 adjacent to
Clear Creek. 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 in March 31, 2012.
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 $104,895.00.
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. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 95% of the total CONTRACT amount prior to submittal of the
final report deliverables.
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 project manager.
-3- 10. Revised 11/15/07
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 CONSUTANT'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 2929 Briarpark Drive, Suite 600, Houston,
Texas 77042. 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.
-4-
10. Revised 11/15/07
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 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 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 24th day of October , 2011.
CIT OF P ARLAND, TEXAS
Bill Eisen, City Manager
C
ANT
Jeff P. Collins, PE
Senior Vice President
LJA Engineering, Inc. (LJA)
-6- 10. Revised 11/15/07
EXHIBIT A
LJA Engineering, Inc. 1J4
2929 Bnarpark Drive Phone 713.953.5200
Suite 600 Fax 713.953,5026
Houston,Texas 77042-3703 www.Ijaengineering.com
October 13, 2011
Mr. Narciso Lira III, PE
City Engineer
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Regional Detention Basin Impact Analysis
LJA Proposal No. 11-0422R
Dear Mr. Lira:
We are pleased to submit this proposal for an impact analysis report for the City of Pearland to
develop detention scenarios for the regional detention basin to be located in the southwest
quadrant of Beltway 8 and SH 288 adjacent to Clear Creek. LJA has completed studies for the
adjacent developments in the past and will use this knowledge to assist the City of Pearland in
the development of the regional detention basin. Previously LJA completed a detention analysis
for the Spectrum development in 2005 and in 2006 LJA began plan development for the
regional detention basin for the City of Pearland before the project was put on hold for the Water
Lights Development. A Mitigation Plan and Impact Analysis for the Water Lights Development
was completed in 2008.
Since the previous studies, some aspects of the regional detention basin project have changed.
A significant item is the TxDOT drainage channel will be allowed for conveyance and detention
for the project. Previously, TxDOT was not allowing any proposed flows into the basin. With
this change, we understand the City of Pearland would now like to include the area west of the
TxDOT channel and east of Kirby Drive in the service area of the regional detention basin. This
area will be included in the existing TxDOT drainage area from Beltway 8 and overland flow
north of Beltway 8 outfalling into the TxDOT ditch. Another consideration is new effective
hydraulic models for Clear Creek that will need to be used for HCFCD permitting. For the
drainage analysis, we anticipate that up to three alternatives will be investigated for viability.
The drainage analysis will select a preferred alternative. Our understanding of the scope is
described below:
Scope of Services
We propose the following activities in support of this project.
A Data Collection
A.1 Obtain effective FEMA models from HCFCD M3 Program
A.2 Compile existing LIDAR topographic maps, recent aerial photographs and land ownership
tract maps of areas in the service area of the project.
O:\PROPOSAU2011\City of Pearland\11-0422 R pro.doc
Mr. Narciso Lira III, PE
October 13, 2011
Page 2
A.3 Obtain TxDOT studies and plans for Beltway 8 and the existing TxDOT channel.
A.4 Compile existing publicly available utility and pipeline data in the area.
B Hydrology
B.1 Review and assess the existing conditions for hydrology (HEC-HMS) including Tc&R
parameters for the Clear Creek watershed. The review will include verifying current
drainage boundaries in HEC-HMS model, verifying storage values, and check the TxDOT
drainage boundaries for Beltway 8 and any overland flow north of Beltway 8 that is
included in the TxDOT ditch.
B.2 Create pre-project condition model to be used as the basis for comparison of impacts.
This pre-project development effort will include sub-dividing drainage areas for the project,
revised SV/SQ, etc. for the 10- and 1-percent exceedance probability event.
B.3 Develop the internal hydrology for the proposed development in the service area to
establish undetained runoff to be routed through the detention facilities. The pre-project
Tc & R parameters will be adjusted to reflect the proposed development for the 10- and 1-
percent exceedance probability event.
B.4 Once a preferred alternative is developed and approved, a post project HEC-HMS model
will be developed for HCFCD review and approval showing no adverse impacts. The
post-project HEC-HMS model will import runoff hydrographs from ICPR as a source
nodes for the for the 10- and 1-percent exceedance probability event.
C Hydraulics
C.1 Review and assess the existing conditions hydraulics (HEC-RAS) for Clear Creek.
C.2 Create pre-project condition model to be used as the basis for comparison of impacts.
This pre-project development effort will include additional cross-sections as needed,
change in flow locations, etc. for the 10- and 1-percent exceedance probability event.
C.3 Create an internal hydraulics model to route proposed flows through the detention
facilities. For this process, an ICPR model will be created to route the developed
hydrographs through the interconnected basins for the 10- and 1-percent exceedance
probability event and show mitigation values.
C.4 Once a preferred alternative is developed and approved, a post project HEC-RAS model
will be developed for HCFCD review and approval showing no adverse impacts. The
flows from the post project HECHMS will be used in the HEC-RAS model for the10 - and
1-percent exceedance probability event.
C.5 Determine the volume of compensatory excavation to offset fill placed in the floodplain for
the project area.
D Report
D.1 Prepare a Drainage Analysis report to submit to the City of Pearland for review and
approval. A maximum of three (3) hard copies will be submitted for the final version.
Included in the report will be a phasing plan for the design phase of the project. After
receiving approval from the City, the report will be submitted to TxDOT and HCFCD for
approval.
O:\PROPOSAL\2011\City of Pearland111-0422 R pro.doc
Mr. Narciso Lira III, PE
October 13, 2011
Page 3
E Coordination
E.1 Coordinate with Cit of Pearland, HCFCD, and TxDOT throughout the project. Included is
a maximum of 4 meetings. Coordination with TxDOT will include time at the beginning
of the project to obtain plans and information on the TxDOT channel as well as
presenting the proposed scenario and obtaining their approval for improvements to the
ditch. Coordination with HCFCD will be for obtaining approval of the report for
permission to outfall into Clear Creek.
F Project Management
F.1 Submit monthly progress reports to the City including updated schedule. The monthly
reports will be broken down by task and will show percent complete for each task as well
as budget spent. The reports will be submitted with monthly invoice.
This Scope of Services does not include:
• Submittals to FEMA for LOMR or CLOMR of recommended alternative.
• Detailed Storm Sewer analysis of areas adjacent to the channels.
• Additional effort for Environmental Permitting
• Additional geotechnical effort
• Field Survey
• SUE field work or record research for existing utilities.
Project Cost
The proposed cost of the Drainage Impact Analysis is $104,895.00 and will be completed on a
time and material basis and invoiced monthly.
Deliverables
Three copies of the final Impact Analysis will be submitted.
Schedule
The proposed schedule for completion is approximately six months, upon receipt of
authorization to proceed.
We appreciate the opportunity to submit this proposal, and look forward to working with you on
this project. If you have any questions, please call me at 713.953.5076.
Best regards,
David H. Zuhlke, PE, CFM
Division Manager of Water Resources
DHZ/rp
O:\PROPOSAL\2011\City of Pearland\11-0422 R pro.doc
City of Pearland Regional Detention Basin
Fee Estimate
$175 $150 $125 $75 $65
Project Senior CADD/GIS
Task Cost Manager Engineer Engineer Operator Clerical Total Hours
A DATA COLLECTION
A.1 Obtain Effective Models $600 4 4
A.2 Compile Existing Information $3,200 16 4 4 24
A.3 Obtain TxDOT Plans $2,700 4 16 20
A.4 Obtain Existing Utility Information $2,350 2 16 18
Subtotal A $8,850 6 20 36 4 0
B HYDROLOGY
B.1 Review Existing Hydrology $2,575 1 16 17
B.2 Create Pre-Project Hydrology Model $5,750 2 32 8 42
B.3 Develop Internal Hydrology $9,900 4 40 16 16 76
BA Develop Post Project HEC-HMS $6,450 2 32 8 4 46
Subtotal B $24,675 9 120 24 28 0
C HYDRAULICS
C.1 Review Existing Hydraulics $2,575 1 16 17
C.2 Create Pre-Project Hydraulic Model $4,850 2 24 12 38
C.3 Create Internal ICPR Hydraulic Model $17,000 4 80 32 4 120
C.4 Develop Post Project HEC-RAS Model $9,650 2 48 12 8 70
C.5 Calculate Compensatory Floodplain Fill $1,675 1 8 4 13
Subtotal C $35,750 10 176 44 28 0
D REPORT
D.1 Drainage Analysis Report $15,980 8 80 24 12 124
Subtotal D $15,980 8 80 0 24 12
E COORDINATION
Coordination-City of Pearland $6,500 24 16 4 44
Coordination-TxDOT $3,950 16 8 2 26
Coordination-HCFCD $2,550 8 8 2 18
Subtotal E $13,000 48 0 32 8 0 88
F PROJECT MANAGEMENT
F Project Management $6,640 32 16 48
Subtotal F $6,640 32 0 0 0 16
TOTAL $104,895 113 396 136 92 28 853
10/13'2011
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