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HomeMy WebLinkAboutCity-Wide Drainage Study Revised Scope of Services 01-28-08I I REQUEST FOR CITY COUNCIL AGENDA ITEM COPY Agenda Date Requested: January 28, 2008 Requested By: Wayne J. Sa Department: Planning Report: X Resolution: Ordinance:_ Exhibits: Scope of Work Schedule of Fees Contract Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: SUMMARY& RECOMMENDATION GEN957 015-9892-957-1100 $135,000 $133,210 NO Staff was directed by the Flooding and Drainage Committee to solicit Requests for Qualifications from Engineering firms to perform a City-wide Drainage Study (including short and long term projects) as part of the ongoing review of recent flooding issues within the City. The request drew proposals from eleven qualified firms. A review committee composed of John Joerns (Assistant City Manager), Steve Gillett (Director of Public Works), Wayne Sabo (Director of Planning) and Rodney Slaton (City Engineer) performed an initial analysis on December 11, 2007, to hone the field down to the top 5 respondents—Dannenbaum, Jacobs Carter Burgess, Klotz, Claunch & Miller and URS Engineering. The committee met again on December 13, 2007, and using a weighted factor system established Klotz as the top responder. The Flooding and Drainage Committee, at their January 7, 2008, meeting directed Staff to forward the Committee's recommendation to Council that Klotz Associates be retained for the project. After several coordination meetings with the City, Klotz submitted a draft Scope of Work and Schedule of Fees on January 17, 2008. A review of the Scope indicates that the project encompasses the goals and objectives established by the Flooding and Drainage Committee. A final coordination meeting was held on January 18, 2008 to refine the Scope and Schedule of Fees which are attached to this agenda request. After due diligence, Staff is recommending for Council consideration, the approval of the Scope of Work and Schedule of Fees in the amount of $113,210 for the study and not to exceed $20,000 for survey work as needed for a total budgeted amount of $133,210. A breakdown by task for the base fee schedule is as follows: Phase 1 Assessment of Drainage and Flooding Problems $20,890 Phase 2 Drainage and Flooding Problem Detailing $33,825 Phase 3 Field Survey not part of basic fees (see additional services) $ 0 Phase 4 Phase 5 Expenses Develop City -Wide Drainage Study Review F216 Detention basin design Report Printing and misc. expenses $50,185 $3,960 $4,350 TOTAL $113,210 hearing is not required. ity Manager to execute an agreement to conduct a City-wide Drainage Study in the amount of $133,210. Appro ed for i Council k2enda Ron Bottoms, City- Manager Date klotz4 jFkj I a S S 0 C i a t e s 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.589.7257 F 281.589.7309 houston.officega klotz.com January 18, 2008 Mr. Ron Bottoms City Manager City of La Porte 604 West Fairmont Parkway LaPorte, Texas 77571 Re: City -Wide Drainage Study Revised Scope of Services Dear Mr. Gillett: Klotz Associates is pleased to submit this proposal for professional engineering services for the City -Wide Drainage Study (CWDS) for the City of La Porte. The following describes our proposed scope of work. UNDERSTANDING OF THE PROJECT OBJECTIVES The City -Wide Drainage Study to be developed for La Porte (City) is to provide a plan for the City which will achieve the following: • Provide a plan by which existing and anticipated drainage and flooding problems can be quantitatively described and conceptual solutions developed including more immediate short-term solution and then long-term solutions. • Describe existing and anticipated drainage and flooding problems. Determine City and public concerns and goals that should be recognized in developing solutions to existing and anticipated drainage and flooding problems. • Develop conceptual short-term and long-term solutions for prioritized problems and identify costs and issues for their implementation. SCOPE OF SERVICES Klotz Associates proposes to provide services in phases in order to achieve a focus upon critical issues of concern to the City and provide cost-effective preparation of a CWDS for the City. These phases and the tasks composing these phases are as follows: klotz/)associates Mr. Ron Bottoms January 18, 2008 Page 2 of 13 PHASE 1: ASSESSMENT OF DRAINAGE AND FLOODING PROBLEMS This phase shall identify key drainage and flooding issues, provide a broad -based assessment of what can be done to address these issues, and define the focus for more detailed evaluation that should be undertaken to formulate a CWDS that meets the goals of the City. Task 1.1 Collect Key Data for Characterizing Existing and Anticipate Problems Meet with knowledgeable City personnel and obtain their insights to current and anticipated critical drainage and flooding problems. Collect from the City existing data such as prior drainage reports, maps, repetitive loss information, and current and likely future land use data the City may have on drainage and flooding problems pertinent to current and anticipated critical drainage and flooding problems. Collect pertinent available drainage, flood control, and drainage planning reports and documents from Harris County Flood Control District, Harris County, the City, TXDOT, and the USACE. Obtain from City and/or FEMA latest floodplain or similar flood related map data. Collect available information on floodplain limits as defined in FEMA or other similar pertinent studies. Develop preliminary information to assess improvements which may have affected 2007 floodplain delineations. Review collected information and identify pertinent data about drainage and flooding in the City for use in the modeling and identification of surveying needs. Task 1.2 Describe Watershed and Drainage System Obtain latest available information describing topographic and hydrographic information in the City, including LiDAR data (as available). Use collected information (Task 1.1) to develop map(s) defining watersheds and primary hydrographic features in the City. Task 1.3 Site Visits Conduct site visit to better understand drainage conditions in the City and clarify, as necessary and possible, information in collected data (Tasks 1.1 and 1.2) upon drainage conditions and other prior information on drainage and flood conditions. Document observations with site photos. Task 1.4 Assemble Collected Key Data Assemble collected data: • A map from which data can be viewed and planning purposes. Work with the GIS data from the City and map current watersheds using ESRI format. klotz JF./1associates Mr. Ron Bottoms January 18, 2008 Page 3 of 13 • Description of City watershed and surface drainage system. • Maps of currently defined floodplains. • Digital data such as channel sections, profiles and topography from various sources. • Listing of collected documents. • Important photos of field conditions. • Identify ownership and maintenance responsibilities for major channels. • Review existing city policies and standards and recommend changes. • Perform assessment of the current drainage and flood control conditions and issues using the collected available data. Task 1.5 Assessment of Existing and Anticipated Problems Review collected information. Identify and describe the key drainage and flood problem characteristics that can be deduced from collected information. Task 1.6 Document Data Collected Document the collected data including the characteristics of existing and anticipated problem areas. Task 1.7 Project Management of Phase 1 Provide administrative and management activities necessary for successful and orderly execution of project work for this phase; report upon work progress to the City; and guide and focus project activities to achieve project objectives. Weekly project status reports will be emailed to the City and monthly invoices will include status reports. Task 1.7 Products: A draft letter report (Report #1) for the completion of the elements of Phase 1 including Tasks 1.1 through Tasks 1.7 will be submitted to the City for review within 30 days from notice to proceed. PHASE 2: DRAINAGE AND FLOODING PROBLEM DETAILING The purpose of this phase is provide a quantitatively based description of existing and anticipated drainage and flooding problems selected for detailed focus in Phase 1 and to propose short-term solutions to problems. kIotz4.l)associates Mr. Ron Bottoms January 18, 2008 Page 4 of 13 Task 2.1 Obtain Hydrologic and Hydraulic Data and Hydraulic Models Obtain Hydrologic Data. Identify and obtain pertinent rainfall -runoff data suitable for planning analyses sufficient to describe rainfall events with 10-, 50-, 100-, and 500-year recurrence intervals. Obtain and Screen Existing Pertinent Hydrologic and Hydraulic Models. Identify and obtain information about available existing hydrologic models (HEC-1 and HEC-HMS) and hydraulic models (HEC-2 and HEC-RAS) for the City watercourses which may not have been already obtained from the City as part of Phase 1. Review and screen models to determine if they would be suitable and useable for CWDS develop. A map -based identification of the models which are judged pertinent to the project and are executable will be developed. Assemble Data. Incorporate supplemental data into listing of data created in Phase 1. Task 2,1 Products: Summary descriptions of additional collected data, Text and/or map -based description of flood modeling information and models found pertinent for use in CWDS development. Task 2.2 Describe Existing Flooding Conditions and Problems Review Prior Models. Review results of model screening of Task 2.1. Select models that are appropriate for describing current flooding conditions in areas where significant flooding problems existing and flooding problems require resolution. Make trial executions of the models to assess their results and model suitability for planning. Make final selection of models which will be suitable for CWDS development. Task 2.3 Propose short-term solutions to problems Review the available models/data and other information to propose short-term solutions. Using the available hydrologic and hydraulic models in concert with the input from City staff, staff previous recommendations, from a review of the flooding complaints and of the repetitive loss properties make recommendations to address short-term solutions. kIotz4ilIassociates Mr. Ron Bottoms January 18, 2008 Page 5 of 13 Task 2.3 Products: A draft letter report (Report #2) for the completion of the some of the elements of Phase 2 including Tasks 2.1 through Tasks 2.3 will be submitted to the City for review within 45 days after approval of Report # 1. Task 2.4: Communicate Issues to Council and Flooding and Drainage Committee Refine Preliminary Identification of Problems and Issues. Discuss the identification of drainage - related problems and concerns developed in Tasks 2.2 and 2.3 with City. Refine information to be presented. Assist the City in preparing an agenda for the meeting (City to arrange logistics of meeting). Prepare exhibits and handouts for meeting. Conduct Meeting: Meet with Council and Flooding and Drainage Committee and present the preliminary identification of problems and issues. Receive additional information from the Council or Committee on identified or previously unidentified problems and issues; and receive comment on what they would like to see as solutions to the problems. Document Meeting Results: Prepare summary of meeting, items of discussion, problems identified, and solutions proposed. Forward the summary to the City for their review and comment. Incorporate City review comments in identification of issues and problems. Task 2.4 Products: Summary of committee meeting and listing of problems, issues, and concerns raised and/or discussed and/or identified during or as a consequence of the meeting. Task 2.5 Upgrade Existing Hydrologic and Hydraulic Models. Upgrade Existing Hydrologic and Hydraulic Models. Based upon review of prior models and data collected in Phase 1, identify needed critical upgrades to existing models. Make upgrade as necessary using field data (see Task 2.6) and field inspection. Document the upgrades. if critical hydraulic and/or hydrologic models are not currently available, prepare new planning level hydraulic and/or hydrologic models or calculation procedures as necessary for planning purposes. Refine Description of Current Drainage and Flooding Conditions. Use existing or upgraded models along with supplementary computations to refine identification of existing runoff and flood discharge conditions. Assess flood discharge capacities, overflows, and discharge kIotz4l)associates Mr. Ron Bottoms January 18, 2008 Page 6 of 13 impediments to identify where conceptual drainage problems solutions may be needed. Professional judgment will be used to determine the degree of detail in making these evaluations. Refine Description of Future Potential Drainage and Flooding Problems. Assess potential growth of City and apply engineering judgment to identify likely problems assuming no significant change in drainage system capabilities, using the following procedures: Discussion with knowledgeable City personnel or other governmental agencies suggested by the City or which may be suggested by information developed in Task 1.1. Assessment of the identification of existing drainage and flooding problems and their implications for future drainage conditions. • Estimate of future land use conditions arising from land development and infill. a Assessment of implications of development of future transportation systems and improvements. • Selected execution of hydraulic models modified to reflect likely possible future conditions. Performing supplemental hydrologic and hydraulic calculations as necessary and appropriate. Task 2.5 Products: Map -based description (incorporating hydraulic modeling results) of current critical flooding conditions or identified drainage problems. A summary discussion and tabulation of identified critical or key drainage problems and issues, for both current and future conditions. Task 2.6 Plan for Field Survey Evaluate Field Survey Needs. Identify field survey data needs in view of initially assembled information and the anticipated character of analyses needed to identify existing and future drainage and flooding problems. The definition of survey needs will recognize the planning level character of the project, and is not intended to provide a basis for detailed design. Survey data will be collected only in areas where data is needed but is insufficient to perform planning level analyses to assess flooding and surface drainage problems. For modeling purposes, existing model data will be used unless there is question in the validity of the model data and confirmation of field conditions is needed for execution of a model in a particular area. Prescribe Field Survey Scope. In light of survey needs, provide to the selected surveyor detailed information on survey and needed information. Specify the level of detail that is needed, kiotz0/1associates Mr. Ron Bottoms January 18, 2008 Page 7 of 13 recognizing the planning level character of the intended use of the collected data. Describe and/or determine the format in which survey information is to be provided, and associated potential documentation of survey activities and location. Describe and/or determine procedures for checking of data. Task 2.6 Products: Scope of work for Field Surveyor Sub -consultant. Task 2.7 Project Management of Phase 2 Provide administrative and management activities necessary for successful and orderly execution of project work for this phase; report upon work progress to the City; and guide and focus project activities to achieve project objectives. Weekly project status reports will be emailed to the City and monthly invoices will include status reports. PHASE 3: CONDUCT FIELD SURVEY IN SUPPORT OF PHASE 2 The purpose of this phase is to obtain field data important to describing hydraulic conditions to be evaluated as part of Phase 2. Task 3.1 Perform Field Survey Perform Field Survey. Select field surveyor and conduct field survey in accord with scope defined in Phase 2. Collected data are to be input to electronic files and checked for validity. Map Documentation. The detail survey work shall be also described in an overview map showing watercourse surveyed extent of survey, structures surveyed, and location of surveyed cross sections along waterways and conveyances. Task 3.1 Products: • Electronic data files of field survey data. • Map summarizing field survey data collection. PHASE 4 DEVELOP CITY-WIDE DRAINAGE STUDY The purpose of this phase is to use the evaluation of existing and proposed drainage and flooding problems developed in prior phases to identify, describe and prioritize conceptual solutions for resolving such problems. k10tz4(1associates Mr. Ron Bottoms January 18, 2008 Page 8 of 13 Task 4.1: Define Standards and Criteria Needed for Development of CWDS Make review of and Identify Criteria. Review criteria and standards used in the City, Harris County, and adjacent communities to provide an overview of criteria and standards which could be used in defining basic features for CWDS projects and improvements. Select key criteria for use in developing actual plan. Task 4.1 Products: List with summary descriptions of key criteria and/or standards to be used in developing conceptual solutions to the City drainage and flood control problems. Task 4.2 Prioritize Drainage and Flood Control Problems Identify Parameters for Prioritization. Identify potential parameters and procedures to prioritize problems for resolution. Describe how the parameters are to be used to determine prioritization. Meet with City to describe and refine parameters to utilize. Prioritize Problems for Resolution. Apply parameters to potential drainage and flooding problems to develop a recommended prioritization of current and future problems for which conceptual solutions are to be developed. The conceptual solutions will include short-term solutions for immediate items and then long-term solutions. Incorporate citizen input obtained in meeting into prioritization. Refine Prioritization. Hold meeting with City Council to review prioritization and make final determination of priority drainage and flooding problems. Task 4.2 Products: • List of preferred parameters for defining priority of problems. • Description of prioritization method. Prioritized list of drainage and flooding problems for short-term solutions and for long- term solutions. Task 4.3 Develop Conceptual Solutions to High Priority Problems Define High Priority Problems. In consultation with the City, select a set of the prioritized problems identified Phase 2. Short-term solutions have been proposed as Task 2.3. Develop long-term solutions that would include at least 4 primary problems but no more than 5 primary ,. problems. It is anticipated that the selected subset will include the following: 1) flooding along klotz ,Jassociates Mr. Ron Bottoms January 18, 2008 Page 9 of 13 Little Cedar Bayou, 2) flooding along B 106-00-00, 3) flooding along B 112-00-00 3) flooding along F101-00-00 and 4) flooding issues along the Taylor Bayou watershed; changes in this list may be made as part of this task. Identify Conceptual Options: For each of the problems to be addressed (as determined in the preceding activity), identify at least two but no more than three conceptual solution options. Options could include physical options such as regional detention, channel widening, and constriction removal; and/or institutional options such as changes in drainage design criteria or property acquisition. Options could incorporate potentials for multi -uses for community amenity purposes. Document the options in terms of general characteristics, preliminary costs, and physical and institutional feasibility. The results of the evaluations will be informally presented to the City for their review and consideration. Evaluation of effectiveness of a conceptual solution will utilize hydrologic and/or hydraulic modeling as may be judged necessary by the Consultant. Recommended Solutions: Based upon evaluation of the selected conceptual options identified discussed in consultation with the City, recommendations for drainage facilities and infrastructure will be made. Task 4.3 Products: List of prioritized problems for which conceptual solutions are to be developed. List and summary description of options considered. • Tabulation of option costs and implementation issues. Summary of evaluation results of options. Recommendations for drainage facilities and infrastructure. Task 4.4 Identify Funding Sources Task Purpose: Identify funding sources that are available including grants, low interest rate loans, and other sources such as City funding, funding from Harris County Flood Control, funding from Harris County or funding from others. Document results of identified funding sources. Prepare Document. Prepare a document to be included in the report that documents the results of the identification of funding sources. A draft letter report (Report #3) for the completion of the some of the elements of Phase 4 including Tasks 4.1 through Tasks 4.4 will be submitted to the City for review within 90 days after approval of Report #2. kIotzJ,'l1associates Mr. Ron Bottoms January 18, 2008 Page 10 of 13 Task 4.5 CWDS Report Task Purpose: Prepare a report that documents the information base developed for the CWDS, describes identified drainage and flood control problems; describes the prioritization of problems for resolution; and recommends and describes solutions to address key drainage and flood control problems, as follows: Identify Key Issues for Report. Prepare a detailed outline of the project report, and discuss with the City; refine outline as made be necessary. Prepare Draft Report. Prepare a draft report and provide five copies to the City. The report will include text and appropriate figures, tables, and exhibits. The draft report is tentatively anticipated to include scope and purposes of the CWDS, discussion of the methods and procedures used in developing the CWDS, description in text and graphical format of drainage and flooding problems; procedures for prioritizing problems; description of conceptual solutions, with estimated costs for implementation; and recommendations for implementation of high priority solutions. The draft City -Wide Drainage Study report (Report #4) for the completion of the some of the elements of Phase 4 including all of the Phases will be submitted to the City for review within 30 days after approval of Report #3. Receive Review Comments from City. The review period will be a maximum of three weeks. Comments requiring revision received after this time will be considered out of scope. Prepare Final Report. Upon receipt of all comments, initiate revision to report as necessary. If various comments are in conflict, resolve in consultation with the Director of Public Works, City Manager and City Engineer. Revision will be accomplished within four weeks. Five copies of the final CWDS report will be provided to the City. Provide Electronic Files. CDs containing the electronic data files developed in the project will be provided to the City. The electronic files will include information for those hydrologic and/or hydraulic models used to provide assessment of current and future flooding problems or concerns, including 1) inputs and outputs to HEC-HMS and HEC-RAS model runs; 2) computed water surface profiles along modeled channels; 3) PDF copies of drainage maps depicting watersheds and channel alignments; 4) PDF copy of the CWDS project report. kIotz111associates Mr. Ron Bottoms January 18, 2008 Page 11 of 13 Make Formal Presentation of CWDS. At a time and place specified by the City, Klotz Associates will make a public presentation of the key findings and recommendations of the CWDS report to the City. Development of the details of the presentation will be made in consultation with the Director of Public Works, City Manager and City Engineer. Task 4.5 Products: • Draft CWDS Report Outline • Draft Report (5 copies) • Final Report (5 copies) • Presentation of CWDS to City. (1 verbal presentation) Task 4.6: Project Management of Phase 4 Provide administrative and management activities necessary for successful and orderly execution of project work for this phase; report upon work to the City; and guide and focus project activities to achieve project objectives. Weekly project status reports will be emailed to the City and monthly invoices will include status reports. PHASE 5 OTHER ITEMS Task 5.1: Review Design of the F216-00-00 Designed Detention Basin Make review of and recommend refinement or changes to detention basin. Review the F216-00- 00 designed detention basin. Recommend applicable changes or refinement to the basin design. Review possible phasing of the detention basin. Task 5.1 Products: Letter documenting the review of the detention basin design along, recommendations on changes or refinements to the design and possible phasing of the construction of the basin. This review is to be conducted within 60 days from notice to proceed. TERMS We propose to perform the engineering services described above on a lump sum basis except for the surveying that will be subcontracted and costs will be determined at that time. We have estimated the surveying fees and listed below under additional services. k I o t z 4,,11 a s s o c i a t e s Mr. Ron Bottoms January 18, 2008 Page 12 of 13 FEES The following costs are not -to -exceed amounts for each Task. Basic Services Phase 1 Assessment of Drainage and Flooding Problems $20,890.00 Phase 2 Drainage and Flooding Problem Detailing $33,825.00 Phase 3 Field Survey not part of basic fees (see Additional Services $ 0.00 Phase 4 Phase 5 Expenses Develop City -Wide Drainage Study Review F216 Detention Basin Design Report Printing and Misc. Expenses $50,185.00 $3,960.00 $4,350.00 TOTAL $113,210.00 Additional Services Survey will be needed, but the scope of the survey will not be known until Phase 1 — Assessment of drainage and flooding problems is complete. The scope of the survey will be defined in Phase 2 — Drainage and flooding problem detailing. Until that scope is determined, the fee for that task is not set. However, we estimate that the field survey costs will not exceed $20,000.00, and we recommend that funds be initially set aside for this amount. This amount is included in the contract amount, and it will not be authorized until written approval for the survey is provided by the City. sr.HFnr1i.F Upon receiving notice to proceed, the pre -final submittal will be completed to present to the City in accordance with the time schedules are listed in this scope of work. See Tasks 1.7, 2.3, 4.4, 4.5 and 5.1. The schedules listed are consistent with the original City request. Mr. Ron Bottoms January 18, 2008 Page 13 of 13 CLOSING kIotz4/1associates If this proposal meets with your approval, please sign both of the attached contracts and return one to Klotz Associates. Please do not hesitate to contact Bob L. Johnson, P.E. or me if you have any questions or would like to discuss any aspect of this proposal. Sincerely, kw4- Gary L. Struzick, P.E., CFM Vice President GLS:ng Attachments Cc: Mr. Wayne Sabo, City of La Porte Mr. Rodney Slaton, P.E., City of La Porte iii�uim0 of This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by E-1 National Society of American Society '`� 1u...es f'urw:u. nr Fwa.n-air. Gw•wrt.. Professional Engineers® Civil Engineers PRO ONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one may necessitate a change in the other. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of of La Porte ("Effective Date") between ("Owner") and Klotz Associates, Inc. ("Engineer") Engineer agrees to provide the services described below to Owner for City wide drainage study ("Project") Description of Engineer's Services: Appendix number 1 to the agreement is the scope of work that identifies the Engineer's. Services. Owner and Engineer further agree as follows: 1.01 Basic Agreement A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement, and Owner shall pay Engineer for such Services as set forth in Paragraph 9.01. 2.01 Payment Procedures A. Preparation of Invoices. Engineer will prepare a monthly invoice in accordance with Engineer's standard invoicing practices and submit the invoice to Owner. B. Payment of Invoices. 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, 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, without liability, 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. Payments will be credited first to interest and then to principal. 3.01 Additional Services A. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. B. Owner shall pay Engineer for such additional services as follows: For additional services of Engineer's employees engaged directly on the Project an amount equal to the cumulative hours charged to the Project 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. 4.01 Termination A. The obligation to provide further services under this Agreement may be terminated: For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Engineer believes that Engineer is being requested by Owner to furnish or perform services contrary to Engineer's responsibilities as a licensed professional; I of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under paragraph 4.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon the receipt of notice by Engineer. B. The terminating party under paragraphs 4.01.A.1 or 4.0l.A.2 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Project site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 5.01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by paragraph 6.013 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject 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. Engineer and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, and suppliers. C. Engineer neither- gHaFaRtO86 the per-fer-mance-af ibility any eentiaaoit neF assumes respons, for a" ar.r.or-danee with !he Wntffict betweeR Owner and such eentraster-. D. Engineer shall o; be FeSPORSiblO ;ff the OF SUPPIieFor- act , or- any other of any een"eter-'s agents or- empleyees Engineer-'s at the IlFejerat persons (exesep! own employees) fr:....ng an of $i'tL'l--or. other -wise or -peer for decision made—eH sentruetien inter-pFetations wedE; or- any or- elar-iflea4ions of the on by QWReF and advice eantFarat given ef-Engineer: without consultatien E. etien "StandaM Goner -a! Conditions of the 0-ongtr--vtogn st F. All design documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. 2of4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. G. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. H. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If 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 Project affected thereby until Owner: (i) retains appropriate specialist consultants or contractors 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. 8.01 Total Agreement A. This Agreement (consisting of pages 1 to 4 inclusive together with any expressly incorporated appendix), 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, 3of4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.01 Payment (Lump Sum Basis) A. Using the procedures set forth in paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $ 133,210.00 B. months Should the fime to aempiete aeastFuction be eytanded beyond this per-ied, total compeHsation to Enginee shall -he appropriately adjusted. IN WI SS HEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: ENGINEER: By: ` By: 1� Gary L. St zick, P.E., CFM Title: �►v ` Title: Vice - President Date Signed: Date Signed: / Z ` —C) License or Certificate No. and State F-000929 Address for giving notices: Address for giving notices: 1160 Dairy Ashford , Suite 500 Houston, Texas 77079 4of4 (Lump Sum Basis) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.