HomeMy WebLinkAboutO-2002-2555
R CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds:
TIRZ Fund
Department:
Report:
Resolution:
Exhibits: Letter from Melvin Spinks, Civil Tech
Exhibits: Ae:reement for Professional Services
Budgeted Item:. NO
Exhibits:
SUMMARY & RECOMMENDATION
Earlier, the Redevelopment Authority recommended and City Council approved the concept of securing professional
engineering services to prepare a Master Watershed Plan for the Taylor Bayou Watershed.
. September 4,2001, City of La Porte requested from four fIrms, qualifIcation statements for the preparation
of a Master Watershed Plan for the Taylor Bayou Watershed within Tax Increment Reinvestment Zone # I.
. October 17,2001, qualifIcations statements reviewed and identifIed Civil Tech Engineering, Inc. as the top
respondent. City of La Porte requested a proposal for services.
. As of this date, May 9,2002, negotiations are completed. A proposed agreement will be taken to the
La Porte Redevelopment Authority for approval at the Board Meeting on May 15,2002.
Attached is the entire proposed professional services agreement with Civil Tech Engineering, Inc. The agreement is
based on hourly rates of professional services with a not to exceed (without written authorization) $24,960 plus an
estimated $1,000 for reimbursables.
The scope of services can be found on Exhibit SR-A (2 pages) and Exhibit SR-AI (3 pages) (clipped). We expect a
representative of Civil Tech to be at the meeting to review the scope of work with the Board.
Because the Redevelopment Authority has adopted the City's procurement procedures, City Council will also have
to approve the agreement (contracts in excess of$15,000).
Action Reauired bv Council:
Approve the proposed professional services agreement with Civil Tech Engineering, Inc.
Approved for City Council Ae:enda
Q~ T 1-\~
Robert T. Herrera, City Manager
")- lc-oL
Date
ORDINANCE NO. 2002- 8-5.5,-{
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND CIVILTECH ENGINEERING, INC., FOR PREPARATION
OF A MASTER WATERSHED PLAN FOR THE TAYLOR BAYOU WATERSHED,
APPROPRIATING NOT TO EXCEED $ 25 , 960 . 00 , TO FUND SAID CONTRACT,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
City Council appropriates the sum not to exceed
$25,960.00 from the City of La Porte TIRZ Fund Account No. 039-
9898-826-4200 to fund said contract.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the pUblic as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
ORDINANCE NO. 2002- a-,5)S
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 20th day of May, 2002.
CITY OF LA PORTE
By: bb~~
Norman L: Malon ,
Mayor
ATTEST:
~~G, ,~AliiL
M r a A. Gillett,
City Secretary
AP~: ./
U;~.v'7/-cJ ~~
Knox W. Askins,
City Attorney
CivilTech
Engineering, Inc.
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APR 2 5 2002 ' 0)
April 11, 2002
Mr. John Joems
Assistant City Manager
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
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Re: Taylor Bayou Watershed Drainage Plan
La Porte Redevelopment Authority- Ta;"(; Increment Reinvestment Zone #1
Dear Mr. Joems:
We pleased to submit our Contract Agreement to provide professional engineering services for the Taylor
Bayou Watershed Drainage Plan. The services to be provided, the duties and responsibilities of the parties,
payment terms, and time of performance, are detailed in the enclosed Agreement. Enclosed are two (2)
copies of the Agreement for your execution. Upon your execution, please forward one (1) original copy for
our files.
We look forward to providing professional engineering services to the City ofLa Porte.
Sincerely,
CIVILTECH ENGINEERING, 1Nc.
t~" p
Melvin G. Spinks, P.E.
President
Enclosures:
HOUSTON 12345 JONES ROAD, SUITE 100
HOUSTON, TEXAS 77070
TEL: 281-970-1200
FAX: 281-970-9211
AUSTIN 600 ROUND ROCK WEST. SUITE 502
ROUND ROCK, TEXAS 78681
TEL: 512-733-7800
FAX: 512-733-7803
INTERNET COMPANY@CIVILTECHENG,COM
WWW.CIVILTECHENG.COM
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
STUDY AND REPORT PHASE
PROFESSIONAL SERVICES
This is an Agreement effective as of
~
, 2002, between
OWNER retains ENGINEER to perform professional services, in connection with development of the Taylor
Bayou Watershed Drainage Plan ("Assignment").
OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein, agree as follows:
1
ARTICLE l--ENGINEER'S SERVICES
1.01 Scope
A. ENGINEER shall provide the services set forth
in Exhibit SR-A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin services as set forth
in Exhibit SR-A.
C. If authorized in wntmg by OWNER, and
agreed to by ENGINEER, services beyond the scope
of this Agreement will be performed by ENGINEER
for additional compensation.
ARTICLE 2--OWNER'S RESPONSIBILITIES
2.01 General
A. OWNER shall have the responsibilities set
forth herein and in Exhibit SR-A.
ARTICLE 3-- TIMES FOR RENDERING
SERVICES
3.01 ENGINEER's services will be performed
within the time period or by the date stated in Exhibit
SR-A.
3.02 If ENGINEER's services are delayed or
suspended in whole or in part by OWNER,
ENGINEER shall be entitled to equitable adjustment
of the time for performance and rates and amounts of
compensation provided for elsewhere in this
Agreement to reflect reasonable costs incurred by
ENGINEER in connection with, among other things,
such delay or suspension and reactivation and the fact
that the time for performance under this Agreement
has been revised.
ARTICLE 4--PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services of
ENGINEER.
A. OWNER shall pay ENGINEER for services
rendered under this Agreement as follows:
1. An amount equal to the cumulative hours
charged to the Assignment by each class of
ENGINEER's employees times Standard Hourly
Rates for each applicable billing class for all
services performed on the Assignment, plus
Reimbursable Expenses, estimated to be $1,000.00
and ENGINEER's Consultants' charges, if any,
estimated to be $0.00. The total compensation
under paragraph 4.01.A.l is estimated to be
$24,960.00.
2. ENGINEER's Reimbursable Expenses
Schedule and Standard Hourly Rate Schedule are
attached to this Agreement as Exhibits SR-C and
SR-D, respectively.
3. The amounts billed for ENGINEER's
services will be based on the cumulative hours
charged to the Assignment during the billing period
by each class of ENGINEER's employees times
Standard Hourly Rates for each applicable billing
class, plus Reimbursable Expenses and
ENGINEER's Consultants' charges, if any, incurred
during the billing period.
2
4.02 Other Provisions Concerning Payment
A. Estimated Compensation Amounts.
1. ENGINEER's estimate of the amounts
that will become payable are only estimates for
planning purposes, are not binding on the
parties, and are not the minimum or maximum
amounts payable to ENGINEER under the
Agreement.
2. When estimated compensation amounts
have been stated herein and it subsequently
becomes apparent to ENGINEER that a
compensation amount herein estimated would
be exceeded, ENGINEER shall give OWNER
written notice thereof. Promptly thereafter
OWNER and ENGINEER shall review the
matter of services remaining to be performed
and compensation for such services. OWNER
shall either agree to such compensation
exceeding said estimated amount or OWNER
and ENGINEER shall agree to a reduction in
the remaining services to be rendered by
ENGINEER, so that total compensation for
such services will not exceed said estimated
amount when such services are completed.
B. Adjustments
1. ENGINEER's compensation IS
conditioned on time to complete the
Assignment not exceeding the time identified in
Exhibit SR-A. Should the time to complete the
Assigr1illent be extended beyond this period
due to reasons not the fault of and beyond the
control of ENGINEER, the total compensation
to ENGINEER shall be appropriately adjusted.
2. If used, the Standard Hourly Rates
Schedule, and Reimbursable Expenses
Schedule will be adjusted annually (as of
January 1,2003) to reflect equitable changes to
the compensation payable to ENGINEER.
C. Reimbursable Expenses. Reimbursable
Expenses means the actual expenses incurred by
ENGINEER or ENGINEER's Consultants directly in
connection with the Assignment, including the
categories and items listed in Exhibit SR-C, and if
authorized in advance by OWNER, overtime work
requiring higher than regular rates.
D. For Additional Services. OWNER shall pay
ENGINEER for all services not included in the scope of
this Agreement on the basis agreed to in writing by the
parties at the time such services are authorized by OWNER.
ARTICLE 5--DESIGNA TED REPRESENT A TIVES
5.01 Contemporaneous with the execution of this
Agreement, ENGINEER and OWNER shall each designate
specific individuals as ENGINEER's and OWNER's
representatives with respect to the services to be performed
or furnished by ENGINEER and responsibilities of
OWNER under this Agreement. Such individuals shall
have authority to transmit instructions, receive information,
and render decisions relative to the Assignment on behalf
of their respective party.
ARTICLE 6--CONTENT OF AGREEMENT
6.0 I The following Exhibits are incorporated herein by
reference:
A. Exhibit SR-A, "Further Description of Services,
Responsibilities, Time, and Related Matters," consisting of
2 pages including separate attachment: Figure 1 - Project
Schedule.
B. Exhibit SR-Al, "Study Objectives, Background and
Scope of Work," consisting of 4 pages.
C. Exhibit SR-B, "Standard Terms and Conditions,"
consisting of 5 pages.
D. Exhibit SR-C, "Reimbursable Expenses Schedule,"
consisting of 1 page.
E. Exhibit SR-D, "Standard Hourly Rates," consisting
of 1 page.
6.02 Total Agreement
A. This Agreement (consisting of pages I to 4,
inclusive, together with the Exhibits identified in
paragraph 6.01) constitutes the entire agreement between
OWNER and ENGINEER and supersedes all prior written
or oral understandings. This Agreement may only be
amended, supplemented, modified, or canceled by a duly
executed written instrument.
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated
on page 1.
OWNER: City of La Porte, Texas
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ENGINEER: CivilTech Engineering, Inc.
r$) ~ ~;.I.;
By: Robert T. Herrera
By: Melvin G. Spinks, P.E.
Title: City Manager
Title: President
Date Signed:
s- rfJ./)- bra
Date Signed:
4-/I-D2-
Address for giving notices:
Address for giving notices:
City of La Porte
CivilTech Engineering, Inc.
604 W. Fairrnont Parkway
12345 Jones Road, Suite 100
La Porte, Texas 77571
Houston, Texas 77070
Designated Representative (Paragraph 5.01):
Designated Representative (Paragraph 5.01):
Name: Douglas K. Kneupper, P.E.
Name: Melvin G. Spinks, P.E.
Title: Director of Planning
Title: President
Phone Number: 281-471-5020
Phone Number: 281-970-1200
Facsimile Number: 281-471-7168
Facsimile Number: 281-970-9211
E-Mail Address:kneupperd@ci.la-porte.tx.us
E-Mail Address:mgspinks@civiltecheng.com
4
This is EXHIBIT SR-A, consisting of 2 pages, referred to in
and part of the Agreement between OWNER and
ENGINEER for Study and Report Phase Professional
Services dated (hay ()t) , 2002.
OWNER~
ENGINEER M' 7
Initial:
Further Description of Services, Responsibilities, Time, and Related Matters
Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties:
A.1.0t ENGINEER's Services
A. ENGINEER shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and
available data. Refer to Exhibit SR-At - Study Objectives, Background and Scope of Work for specific
work tasks on this assignment.
2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of
ENGINEER's services, and assist OWNER in obtaining such data and services.
3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction
relevant to the Assignment.
4. Identify and evaluate alternate solutions available to OWNER and, after consultation with
OWNER, recommend to OWNER those solutions which, in ENGINEER's judgment, meet OWNER's
requirements.
5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches
and design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and
those alternate solutions available to OWNER which ENGINEER recommends. This Report will be
accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended with
each component.
6. Furnish five (5) review copies of the draft Report to OWNER.
7. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and
furnish fifteen (15) fmal copies of the revised Report to the OWNER.
A.Z.Ot OWNER's Responsibilities
A. OWNER shall do the following in a timely manner, so as not to delay the services of ENGINEER:
1. Provide all criteria and full information as to OWNER's requirements for the Assignment.
2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the
Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and
furnish to ENGINEER services of others as required for the performance of ENGINEER's services.
Page 1 of 2 Pages
(Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters)
B. ENGINEER shall be entitled to use and rely upon all such information and services provided by
OWNER or others in performing ENGINEER's services under this Agreement.
C. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this
paragraph A.2.0 1.
A.3.01 Times for Rendering Services
A. The time period for the performance of ENGINEER's services shall be four (4) months. A project schedule
is provided in this Agreement as Attachment I.
B. Engineer understands that during the term of this Agreement other parties may pursue development of
certain parcels located within the study area. If this occurs, Owner may request Engineer to complete the
work as defmed by this Agreement, or provide additional services as may be required, or terminate the
work.
C. ENGINEER's services under this Agreement will be considered complete when all deliverables set forth in
Exhibit SR-A and SR-AI are submitted to OWNER.
Page 2 of 2 Pages
(Exhibit SR-A - Further Description of Services, Responsibilities, Time, and Related Matters)
This is EXHIBIT SR-Al, consisting of 3 pages, referred to in
and part of the Agreement between OWNER and
ENGINEER for Study and Report Phase Professional
Services dated (tJD y ,pf) , 2002.
OWNERa~
ENGINEER Mlt7
Initial:
Study Objectives, Background, and Scope of Work
Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties:
STUDY OBJECTIVES
The City of La Porte Tax Increment Reinvestment Zone #1 (TIRZ) has identified a need to prepare a drainage plan
for the Taylor Bayou Watershed. The drainage plan would identify drainage improvements needed to serve future
development within its boundary limits and other contributing areas. The general planning objectives for this study
are noted as follows:
· Evaluate downstream conditions and increased runoff from future development.
· Reduce the risk of flooding and drainage problems from future development in the watershed.
· Identify regional flood reduction measures such as channels, detention ponds, new bridge/culvert
structures, or other storm water management activities that will serve the future drainage needs in the
watershed.
· Coordinate closely with the City of La Porte and Harris County to accommodate the drainage needs for
future roadway projects within the watershed.
· Consider multi-use opportunities such as parks and trails within the recommended flood control measures.
STUDY BACKGROUND
The study area for this project encompasses approximately 1,100 acres or 1.7 square miles in the Taylor Bayou
Watershed. Current land uses in the TIRZ study area includes undeveloped property, a golf course, industrial
facilities, transportation corridors, and residential and commercial areas. It is the intent of this study to generally
identify the drainage improvements needed to serve future development in the watershed.
There are three primary drainage channels that drain the study area: HCFC Unit A 104-00-00 (Taylor Bayou), HCFC
Unit AI04-07-00, and an unnamed tributary. Portions of both HCFC Unit Al 04-00-00 and Unit AI04-07-00 have
been studied in detail by the Federal Emergency Management Agency (FEMA) to establish floodplain mapping and
base flood elevations. Within the study area for the TIRZ, only HCFC Unit A 104-07-00 has been studied from its
confluence with HCFC Unit AI04-00-00 to Fairmont Parkway. HCFC Unit AI04-07-00 was studied recently by
Harris County in connection with the planned roadway project for the extension of Bay Area Boulevard.
Preliminary engineering study reports have been prepared for the extension of Bay Area Boulevard from Fairmont
Parkway to Spencer Highway, and for Fairmont Parkway between 16th State Highway 146. These transportation
improvement projects have been sponsored by Harris County Precinct Two. The projects are situated within the
TIRZ boundary. This study will address the proposed drainage facilities identified in the reports.
Page 1 of 3 Pages
(Exhibit SR-Al - Study Objectives, Background and Scope of Work)
SCOPE OF WORK
The scope of work has been prepared in consultation with the City of La Porte. The work tasks are discussed as
follows:
Task 1.0 - Study Coordination
The Consultant will coordinate with the City of La Porte, the La Porte Redevelopment Authority, Harris County,
Harris County Flood Control District, Texas Department of Transportation, and other government agencies for input
into the study process. We will conduct progress meetings monthly to discuss the study progress, issues and
deliverables. Written status reports will be submitted along with all verbal and written communications with other
agencies.
Task 2.0 - Data Collection
The value of thorough data collection and evaluation has been proven repeatedly in many studies similar to this
study. The City of La Porte will provide all available study reports, maps, and other pertinent data available in their
files. Requests for information will be submitted to Harris County Flood Control District and other agencies to
obtain available topographic maps, historical flooding data, hydrologic and hydraulic models, etc. for the
watercourses in the watershed.
Task 3.0 - Determine Watershed Conditions and Characteristics
An inventory of the existing and future watershed conditions will be determined for this study. Pertinent watershed
characteristics include land use type and spatial patterns. Other applicable mapping data, in digital format or paper,
will also be identified and obtained, including historical development patterns, and land use projections. Aerial
maps and the field reconnaissance will be used to generate and verify existing land use conditions in the watershed.
Land use projections will be documented in the study for future flood control planning. Deliverables include a
description of the watershed conditions with digital maps (Arc View GIS) showing existing and future development
in the study area.
Task 4.0 -Hydrologic Analyses
The hydrologic analysis will be performed for the study area using the U.S. Army Corps of Engineers HEC-l
"Flood Hydrograph Package". The hydrologic model will be used to compute the runoff hydrographs and peak
flow rates at strategic locations in the watershed. The existing hydrologic model for Taylor Bayou Watershed will
be used for the study area. A watershed map will be prepared for the Taylor Bayou Watershed. Subareas will be
chosen with regard to drainage area, shape, and runoff characteristics. The watershed and subarea drainage map
will be prepared in ArcView GIS format. The existing level and types of development within each subarea will be
identified from the watershed maps, field reconnaissance, and aerial maps. The 10-, 50-, and 100-year storm
frequency events will be analyzed for existing and future land use conditions.
Task 5.0 - Hydraulic Analyses
A limited hydraulic analysis will be performed to evaluate approximate channel capacity for the following channels:
o HCFC Unit A 104-00-00 (Taylor Bayou): Upstream of Shore acres Blvd
o Unnamed Tributary to HCFC Unit A 104-00-00
The hydraulic analysis will be performed using normal depth computations. Channel and overbank definition will
be defined based on topographic data obtained from USGS quadrangle maps.
Page 2 of 3 Pages
(Exhibit SR-Al - Study Objectives, Background and Scope of Work)
Task 6.0 - Drainage Plan
A major focus of the study will be to develop a drainage plan to serve the TIRZ study area. The plan will identify
possible solutions to serve the drainage needs for future development in the study area. The plan may recommend
flood control and drainage improvements such as channel improvements, regional and on-site detention, storm
sewer systems, culverts, or combinations thereof. The regional drainage solutions will consider the ability to
incorporate multi-use public facilities such as parks and trails. Preliminary construction costs will be prepared for
the drainage plan. Drainage facilities related to the planned roadway improvements in the study area will also be
presented in the plan. The deliverable will be graphically presented to illustrate the plan components.
Task 7.0 - Drainage Plan Report
The report will culminate in a report that graphically presents the drainage plan for the TIRZ study area. The
product deliverable will be graphically based with exhibits, text, and tables. Five copies (5) copies of the draft
Drainage Plan will be provided to the City for review and comment. Fifteen (15) copies of the final Drainage Plan
will be provided to the City for the final deliverable.
Page 3 of 3 Pages
(Exhibit SR-Al - Study Objectives, Background and Scope of Work)
This is EXHIBIT SR-B, consisting of 5 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Study and Report Phase Professional Services dated
m d1j .110 ' 2002.
OWNERG-~
ENGINEER /11,:;
Initial:
Standard Terms and Conditions
Article 6 of the Agreement is amended and supplemented to include the following agreement ofthe parties:
B.6.01.B
Standard Terms and Conditions
I. Standard of Care
The standard of care for all professional services performed or furnished by ENGINEER under this Agreement
will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar
circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied,
under this Agreement or otherwise, in connection with ENGINEER's services.
2. Independent Contractor
All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of OWNER and ENGINEER and not for the benefit of any other party. Nothing contained in this Agreement
shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or
ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit,
and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or
nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors
and other entities involved in this project to carry out the intent ofthis paragraph.
3. Payments to ENGINEER
Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted
to OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of
receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after
receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1.0% per
month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition,
ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement
until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges.
4. Insurance
ENGINEER will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile
Liability and will provide certificates of insurance to OWNER upon request.
5. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's
officers, directors, partners, and employees from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and
reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions
of ENGINEER or ENGINEER's officers, directors, partners, employees, and consultants in the performance of
ENGINEER's services under this Agreement.
b. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER,
ENGINEER's officers, directors, partners, employees, and consultants from and against costs, losses, and
Page 1 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other
professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the
negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and consultants
with respect to this Agreement.
c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by,
through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of
ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not
exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER,
ENGINEER, and all other negligent entities and individuals.
d. In addition to the indemnity provided under paragraph B.6.0 1.B.5.b. of this Exhibit, and to the fullest extent
permitted by law, OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's officers,
directors, partners, employees, and consultants from and against injuries, losses, damages and expenses
(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and
all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous
Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of
use resulting therefrom, and (ii) nothing in this paragraph B.6.01.B.5.d shall obligate OWNER to indemnify any
individual or entity to the extent of that individual or entity's own negligence or willful misconduct.
e. The indemnification provision of paragraph B.6.01.8.5.a. is subject to and limited by the provisions agreed to
by OWNER and ENGINEER in paragraph B.6.0 I.B.6, "Limit of Liability," of this Agreement.
6. Limit of Liability
To the fullest extent permitted by Law, the total liability, in the aggregate, of ENGINEER and ENGINEER'S
officers, directors, partners, employees, agents, and consultants, or any of them to OWNER and anyone
claiming by, through, or under OWNER, for any and all injuries, losses, damages and expenses, whatsoever
arising out of, resulting from, or in any way related to this agreement from any cause or causes including but not
limited to negligence, professional errors or omissions, strict liability or breach of contract or warranty, express
or implied, of ENGINEER or ENGINEER'S officers, directors, partners employees, agents, and consultants, or
any of them, shall not exceed the total amount of ENGINEERS' compensation specified in this agreement.
7. Dispute Resolution
The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this
agreement promptly by negotiation between senior executives of the parties who have authority to settle the
controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said
notice, the receiving party shall submit to the other a written response. The notice and response shall include (a)
a statement of each party's position and a summary of the evidence and arguments supporting its position, and
(b) the name and title of the executive who will represent that party. The executive shall meet at a mutually
acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as
they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the
parties may endeavor to settle the dispute by mediation under the Center for Public Resources Model Procedure
for Mediation of Business Disputes or pursue amicable termination.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty days of the
commencement of such procedure, (which period may be extended by mutual agreement), or if either party will
not participate in such procedure, the parties shall pursue amicable termination.
Page 2 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
8. Termination of Contract
Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement.
Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this
Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs.
9. Access
OWNER shall arrange for safe access to and make all provIsions for ENGINEER and ENGINEER's
Consultants to enter upon public and private property as required for ENGINEER to perform services under this
Agreement.
10. Hazardous Environmental Conditions
It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a
"Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous
waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to
persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other
party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the Assignment affected
thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site
is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and that ENGINEER is not and shall not be required to become
an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defmed in the
Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or
may be encountered at or near the site in connection with ENGINEER's activities under this Agreement.
11. Patents
ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes
no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be
construed as a warranty or representation that anything made, used, or sold arising out of the services performed
under this Agreement will be free from infringement of patents or copyrights.
12. Ownership and Reuse of Documents
All documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service, and
ENGINEER shall retain an ownership and property interest therein. Reuse of any such documents by OWNER
shall be at OWNER's sole risk; and OWNER agrees to indemnify, and hold ENGINEER harmless from all
claims, damages, and expenses including attorney's fees arising out of such reuse of documents by OWNER or
by others acting through OWNER.
13. Use of Electronic Media
a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as
hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.
Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
b. When transferring documents in electronic media format, ENGINEER makes no representations as to long-
term compatibility, usability, or readability of documents resulting from the use of software application
packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning
of this Assignment.
c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
Page 3 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted
the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party
delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic
media format after acceptance by OWNER.
14. Opinions of Probable Construction Cost
a. Construction Cost is the cost to OWNER to construct proposed facilities. Construction Cost does not include
costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or
compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or
auditing services, or interest and financing charges incurred in connection with OWNER's contemplated project,
or the cost of other services to be provided by others to OWNER pursuant to of this Agreement. Construction
Cost is one of the items comprising Total Project Costs.
b. ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and
qualified professional generally familiar with the industry. However, since ENGINEER has no control over the
cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of
determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not
guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction
Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost,
OWNER shall employ an independent cost estimator.
15. Opinions of Total Project Costs
a. Total Project Costs are the sum of the probable Construction Cost, allowances for contingencies, the
estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land,
rights-of-way, or compensation for damages to properties, and OWNER's costs for legal, accounting, insurance
counseling or auditing services, and interest and fmancing charges incurred in connection with a proposed
project, and the cost of other services to be provided by others to OWNER pursuant to this Agreement.
b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs.
16 Force Majeure
ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for
under this Agreement resulting from any cause beyond ENGINEER's reasonable control.
17. Assignment
Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
18. Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal
representatives, executors, administrators, successors, and assigns.
19. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
Page 4 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
20. Survival
All express representations, indemnifications, or limitations of liability included in this Agreement will survive
its completion or termination for any reason.
21. Headings
The headings used in this Agreement are for general reference only and do not have special significance.
22. Controlling Law
This Agreement is to be governed by the law of the state in which the ENGINEER's principal office is located.
23. Notices
Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on
the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date of receipt.
Page 5 of 5 Pages
(Exhibit SR-B - Standard Terms and Conditions)
This is EXHIBIT SR-C, consisting of I page, referred to in and
part of the Agreement between OWNER and ENGINEER
for Study and Report Phase Professional Services dated
f)'J 0 ' I ,;J...() , 2002.
I
OWNEa~ Initial:
ENGINEER H4~
Reimbursable Expenses Schedule
Reimbursable Expenses are subject to annual review and adjustment. Reimbursable expense rates in effect on the date
of the Agreement are:
8"xll" Copies
II "x 17" Copies
Report Bindings
Xerox/Blue Paper Prints
Mylar Prints
Oversize Color Plots
Exhibit Display
Mileage (auto)
Meals
FEMA Backup Data
$O.lO/page
$0.15/page
$30.00Ireport
$2.00/print
$12.00/print
$20.00/plot
$50.00/display
$0.31/mile
$25.00/day
$400lrequest
Page 1 of I Page
(Exhibit SR-C - Reimbursable Expenses Schedule)
OWNEI{j~
ENGINEER M4!/
Standard Hourly Rates Schedule
Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in effect on the date of
the Agreement are:
Principal Engineer $150.00/hour
Senior Engineer $125.00/hour
Project Engineer $95.00/hour
Assistant Engineer $80.00/hour
Senior Technician $80.00/hour
Technician $75.00/hour
CADD Operator $65.00/hour
Clerical $49.00/hour
Page 1 of 1 Page
(Exhibit SR-D - Standard Hourly Rates Schedule)
. .
ATTACHMENT 1
PRELIMINARY BUDGET AND PROJECT SCHEDULE
TAYLOR BAYOU MASTER DRAINAGE PLAN
PRELIMINARY BUDGET
Task Principal Senior Project Assistant
No. Task Description Engineer Engineer Engineer Engineer Technician Clerical Total
1 Study Coordination 12 12 24
2 Data Collection 12 12
3 Determine Watershed Conditions & Characteristics 4 16 16 36
4 Hydrologic Analysis 4 32 8 44
5 Hydraulic Analysis 4 16 8 28
6 Prepare Drainal!.e Plan 8 40 24 72
7 Report 4 20 16 40
SUBTOTAL HOURS 0 36 148 0 72 0 256
HOURLY RATES $150.00 $125.00 $95.00 $80.00 $75.00 $45.00
MANHOUR COSTS $0.00 $4,500.00 $14,060.00 $0.00 $5,400.00 $0.00 $23,960
ESTlMA TED DIRECT EXPENSES $1,000
SURVEYING COSTS (LANDTECH CONSULTANTS)
TOTAL PROJECT COSTS $24,960
PRELIMINARY PROJECT SCHEDULE
No. Task Description Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7
1 Study Coordination
2 Data Collection
3 Determine Watershed Conditions & Characteristics Submit Dndt Report Submit Final Report
for Review & I-
4 Hydrologic Analysis Comments
5 Hydraulic Analysis // ........-::~
6 Prepare Drainal!.e Plan y ~
7 Report * l7ZZ.a:I *
CIvIITed1
Ent&Ineerlng. Inc:.