R2001-0098 07-23-01 RESOLUTION NO. R2001-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH KLOTZ ASSOCIATES, INC. FOR THE
PREPARATION OF A RAINFALL AND FLOOD STUDY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARl_AND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Klotz Associates, inc., 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 with Klotz Associates, inc., for the preparation
of a rainfall and flood study.
PASSED, APPROVEDandADOPTEDthisthe 23 dayof ~]uly
A.D., 2001.
TOM REiD
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Klotz Associates, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer: KIotz Associates, Inc.
Description of Project: Analysis of Tropical Storm Allison
Maximum Contract Amount: $64,100
Contract Begins: Upon execution
Contract Ends: Upon completion (Estimated eight weeks)
Attached Contract Document: July 3, 2001, Scope of Work (Exhibit A)
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Progress payments may be requested by
Engineer based on the amount of services completed. Payment for the services of
Engineer shall be due and payable upon submission of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any
governmental body after the execution of this Contract will be added to Engineer's
compensation.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt of Engineer's statement for services therefore, the amounts
due Engineer will be increased at the rate of one percent (1%) per month from said
thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written
notice to City, suspend services under this Contract until Engineer has been paid in full,
all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 9 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. The Engineer shall prepare a schedule of work identified as an attachment to
this agreement and submit it for review within 15 calendar days after receiving a Notice-
to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the
Microsoft Project for Windows format. The Work Schedule shall contain a complete
schedule so that the Engineer's scope of services under this contract can be
accomplished within the specified time and contract cost. The Work Schedule will
provide specific work sequence and definite review times by the City and the Engineer
of the work performed. If the review time should take longer than shown on the work
schedule, through no fault of the Engineer, additional contract time will be authorized by
the City through a supplemental agreement, if requested by a timely written request
from the Engineer and approved by the City.
3. Term and Termination. This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving
written notice to Engineer. The City shall pay the Engineer for all services rendered to
the date of termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject
to the same regulations. Nothing contained in the Contract shall create any contractual
relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. ,Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnity and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Construction Representation. If required by the Contract, Engineer will furnish
Construction Representation according to the defined scope for these services.
Engineer will observe the progress and the quality of work to determine in general if the
work is proceeding in accordance with the contract documents. In performing these
services, Engineer will endeavor to protect City against defects and deficiencies in the
work of contractors; Engineer will report any observed deficiencies to City, however, it is
understood that Engineer does not guarantee the contractor's performance, nor is
Engineer responsible for the supervision of the contractor's operation and employees.
Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the contractor, or the safety precautions and
programs incident to the work of the contractor. Engineer shall not be responsible for
the acts or omissions of any person (except his own employees or agents) at the project
site or otherwise performing any of the work of the project.
8. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of 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.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
10. Assi.qnment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
12. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
13. Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
14. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation and arbitration as follows:
A. Mediation. If a dispute arises out of or relates to this Contract, or the breach
thereof, and if the dispute cannot be settled through negotiation, then the parties
agree first to try in good faith, and before bringing any legal action, to settle the
dispute by mediation of a third party who will be selected by agreement of the
parties.
4
B. Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing
of any suit, any controversy or claim arising out of or related to this Contract shall
be settled by binding arbitration in accordance with the Federal Arbitration Act and
the Commercial Arbitration Rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The parties may agree in writing to use any other
arbitration procedures or rules in lieu of those specified in this paragraph.
EXECUTED and EFFECTIVE as of the~O~--~day of ~/~ , 20 o/ .
ATTEST: CITY OF PEARLAND
ng Lo~)/,'l~.~/ BTll Eis~n
Secr(~t'ary ~ ~/' City Manager
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST: KLOTZ ASSOCIATES, Inc.
By:
lotz,' : P.E. Printed Narfie: Billy M. Cooke, P.E.
Title: Executive Vice President
STATE OF TEXAS §
COUNTY OF ~r,<_ zor~ §
, BEFORE ME, the undersigned Notary Public, on this day personally appeared
'~,// ~'~,3~.~ , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ..~9~ DAy OF
,A.D.,20 o/
NOTARY PUBLIC IN AND FOR THE
~'~* ~ .,e~.~.,-.~.~..~ STATE OF TE~S
~% N .ERLA N. LEHMAN ~
~l~,~,:t om~Publlc,~eofT~ Printed Name: ~/~ ~
~~;;;;;~ My Commission Expires: ~,?
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Billy M. Cooke, P.E., known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
,..r_. G~VEN UNDER MY HAND AND SEAL OF OFFICE THIS lri'fk DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
~ ,. , ~. Printed Name: Diana Mitchell
: My Commission Expires:
-/. : ~ - .- !.~ ~, Diana Mitchell
' '3}/"~'\ Notary Public
"'-'"::::"-'~ ~l*('~)q State of Texas.
''~ 2- ~' L ~- ~ ~t\~,?"-,~.~.,d ~ly commission Expires
K LOTZ ,160 Dairy Ashford
ASSOCIATES, Sui,~ 500
Houslon, Texas 77079
CONSULTING
E N G I N E E R S ~,,X}.[]~]~l~ .~ (281)589-7309Fox
email@klotz.com
July 3,2001
Mr. John Hargrove, P.E.
City of Pearland
3523 Liberty
Pearland, Texas 77546
Re: June 2001 Pearland Flooding
Dear Mr. Hargrove:
Klotz Associates, Inc. appreciates the oppommity to present this scope of work to the City of
Pearland. This scope of work includes our understanding of the work elements associated
with evaluating and documenting the rainfall and flooding that occurred in Pearland the week
of June 4, 2001 through Sunday June 10, 2001.
According to your preliminary numbers, several hundred homes flooded as part of Tropical
Storm Allison. The flooding was associated with drainage areas or structures on Mary's
Creek watershed and along the Pearland side of the Clear Creek watershed. Because Hickory
Slough is located between Clear Creek and Mary's Creek and is a tributary to Clear Creek,
we have also included it on the scope of work, but is not a large part of this scope of work.
This scope of services is based on our meeting at your office on Friday June 15, 2001.
The tasks that will be performed are summarized below:
Data Collection and Coordination
1. Meet with City staff to discuss Tropical Storm Allison flooding issues.
2. Coordinate with City staff to obtain available data, topographic data, previous studies,
plans for selected areas, and information on flooding problem areas. This coordination
will include contacting Larry Stead, Lewis Robinson, Bobby Whisenaut, Cecil Bowery,
Charlie Stubbs, C.R. Long and John Hargrove. It is anticipated that this coordination
effort will involve field visits with some of these City staff members.
3. Obtain available rainfall gage data from the Clear Creek, Hickory Slough, and Mary's
Creek watersheds. Such data will include precipitation rates, channel stage records,
channel flowrates, and high-water marks from various sources, including USGS and
Harris County Office of Emergency Management.
4. Perform field reconnaissance to identify location of high-water marks that will be
surveyed by our subconsultant.
5. Coordinate with our Surveyor to survey high-water marks.
KLOTZ
ASSOCIATES,
INC.
Mr. John Hargrove, P.E.
July 3, 2001
Page 2
6. Obtain the computer HEC-1 and HEC-2 or HEC-RAS models for Mary's Creek,
Hickory Slough and for Clear Creek from the City of Pearland.
7. Obtain the latest topographic and photographic data from the City.
Analysis of Tropical Storm Allison Rainfall Event
1. Model the Tropical Storm Allison precipitation patterns or average rainfall amounts in
the HEC-1 models for the Clear Creek, Hickory Slough, and Mary's Creek watersheds.
These HEC-1 models will be referred to as the June 2001 Observed Rainfall HEC-1
models.
2. Input flows from the June 2001 Observed Rainfall HEC-1 models into the HEC-2 models
for Clear Creek, Hickory Slough, and Mary's Creek watersheds. These HEC-2 models
will be referred to as the June 2001 Observed Rainfall HEC-2 models.
3. Determine the probable return periods along the Clear Creek, Hickory Slough, and
Mary's Creek channels. Data from the June 2001 Observed Rainfall HEC-1 models and
the June 2001 Observed Rainfall HEC-2 models will be compared to the FEMA FIS
report data to determine the return periods.
Map Floodplains on the City of Pearland's Topographic DTM
1. Map the floodplain, based on the June 2001 Observed Rainfall HEC-2 models.
2. Map the floodplain, based on the surveyed high-water marks and other available flooding
information.
3. Map the 10-, 50-, 100- and 500-yr FEMA floodplain water surface elevations (from the
published FIS) into the City of Pearland's topographic DTM.
4. Map the 100-yr floodplain from the City ofPearland HEC-2 models for the Clear Creek,
Hickory Slough, and Mary's Creek watersheds.
Document Findings and Conclusions in Report
1. Document flood frequency retum interval of June 2001, Tropical Storm Allison.
2. Compare FEMA mapped floodplains to City ofPearland's DTM model.
3. Contrast the Tropical Storm Allison flood plain results to the known (surveyed) high-
water marks to generally determine how accurately the current HEC-1 and HEC-2
models reproduce the flooding event.
4. Develop draft report including text, tables and exhibits.
5. Submit eight draft reports the City.
6. Present the draft report to City Council.
7. Solicit and obtain comments to draft report.
8. Finalize report and submit ten copies to the City.
K LOTZ
ASSOCIATES,
INC.
Mr. John Hargrove, P.E.
July 3, 2001
Page 3
We plan to him a local surveyor, Chuck Davis, to conduct the field surveying of the
identified areas to obtain high-water marks. While the more high-water marks we can obtain
the better resolution we will have in our floodplain mapping, we believe that we can
accomplish this scope with a total of 150 surveyed points. We estimate that once the
concurrence on what items to survey is obtained, that it will take two to three weeks to
complete the survey data and to receive the survey data at Klotz Associates. As we discussed
the surveying will be conducted on a time and material basis. The estimate for the surveying
is approximately $16,500. This is a preliminary estimate and we will get a more detailed
estimate from the surveyor when we have sufficient data for him to provide a time and
material estimate. We estimate that it will take approximately four weeks from receipt of
survey data to provide the City with a draft report. We estimate the cost of engineering and
report production at $47,600. The combined cost of surveying and engineering is estimated
at $64,100.
The following assumptions were made in generating this scope of services.
Assumptions
1. The City of Pearland's DTM does not require substantial adjustments (more than a day of
effort at Klotz Associates).
2. All floodplain maps will be generated and based on the City of Pearland's topographic
DTM.
3. All floodplain mapping will be contained within the limits of the City of Pearland's
DTM, and will be limited to the City of Pearland's boundaries, and to 288 on the west.
4. It is assumed that a total of 150 surveyed highwater marks will be collected.
5. A total of 8 draft and 10 final reports will be submitted to Pearland. It is assumed that 2
of the draft and all 10 of the final reports will be printed in color.
We are ready to mobilize our staff to conduct this documentation and evaluation of the June
2001 flooding event in the City of Pearland. Please contact Gary Bezemek, P.E. or me at
281-589-7257 if you have any questions regarding this proposal and scope.
Sinc. erely, .
Gary L. ~gtruzick, P.E.
Vice President - Chief Engineer
GLS:ng
C.L. DAVIS & COMPANY -
ROU'IE: ..............
LAND SURVEYING
1500 WINDING WAY
FRIENDSWOOD, TEXAS 77546
(281) 482-9490
JUL
June 28, 2001 ?r.O~_CT~ .....
Gary L. Struzick, P.E. ~.~ INDEX
KIO~ ~ciates, Inc.
1160 Dai~ ~hford, Suite 500
Hou~on, T~as 77079
Re: Ci~ of Pearland
YNpi~l Storm Alli~n
High Water Mar~
Dear Nr. Struzick:
Our propo~l for land su~eying se~ices for the above referenced proj~ is as follows:
Specifically, our propo~l cove~ the following item(s):
1. Ob~in global ~sitioning ~stem (~PS) obse~ations on
app~ximately 150 high water mar~ cr~d by T~pi~l
Storm Allison, with Io~tio,~ list of ~i,~ and map ~ ~
p~vided by KIo~ i ~ciates. Da~ will ~
using NAD 83 s~te plane ~ordinates and 1987 H~CSD
elevations based on the Ci~ of Pearland
Monumen~tion ~stem.
2. fs~blish connexion f~m 1987 H~CSD elevations ~
1978 and 1973 adjustmen~ for ~m~rison with ~fMA
~se Flood fle~atioDs.
3. Lo~tion of high. water mar~ .will ~ overlaid on
existing digi~l aerial map of the C~ of Pearland~ and a
re~ will ~ generated listiag each ~int numar, the
general Io~tion~ and the elevatiOn r~e~n~ to the
app~prlate ~t~i~l datum for ~m~dson with
Ba~ ~lood fle~ations.
2001-070 Peartand All,sion Elev. doc
4. The estimated fee below is based on point locations
being suitable for (;PS observations. Where use of GPS
is prohibited by tree canopy or other obstructions,
points can be tied in by conventional methods for an
additional fee.
Estimated fee for Items 1-3 ........................................................... $15,000.00
The following items will be invoiced at cost:
Reproductions
Submittal fee(s) to governmental agencies
Delivery service
Electronic Nail
Abstracting
Payment of all invoices is due thirty days from receipt. Any changes or revisions in the
scope of the project after authorization to proceed will be billed on an hourly basis as
described below:
Principal $:[25.00
Registered Professional Land Surveyor (RPLS) $85.00
Technical/Cadd $70.00
Three-man field crew
Data Collection $30.00
Clerical $45.00
All surveying services are under the jurisdiction of the Texas Board of Land Surveying:
7701 North Lamar, Suite 400; Austin, Texas 78752; phone number: 5:[2-452-9427. Any
complaints about surveying services should be sent to the above address to the
attention of Complaints Officer of the Board.
Thank you for the opportunity to submit this proposal and we look forward to working
with you.
Sincerely, Approved & Accepted
C.L. Davis, R.P.LS.
Gary L. Struzick, P.E
Klotz Associates, Inc.
2001-070 Pearland AIIsion Elev. doc