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.
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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.