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HomeMy WebLinkAboutA 104 DRAINAGE STUDY FOR SHADY RIVER SUBDIVISON_12-48000001RA AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE EJCDC...- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ---------- ACEC SCEAmerican Society of Civil Engineers AGC of America Q.-by ftftl. 6 �P*� 0 National Society of Professional Engineers nel E,brrrm nbab Rxaa AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nsoe.ora American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.ore American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.ore Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. FJCDC E-500 Standard Form of Agreement Between owner and Engincar for Rvrmlonal Servlr s Copyright ® 2008 National Society of Professional Engineers for EJCDC. All Fights reserved. TABLE OF CONTENTS Page ARTICLE1—SERVICES OF ENGINEER................................................................................................................. 1 1.01 Scope.............................................................................................................................................1 ARTICLE2—OWNER'S RESPONSIBILITIES.........................................................................................................1 2.01 General..........................................................................................................................................1 ARTICLE5 —OPINIONS OF COST........................................................................................................................ 3 5.01 Opinions of Probable Construction Cost...................................................................................... 3 5.02 Designing to Construction Cost Limit........................................................................................... 3 5.03 Opinions of Total Project Costs.................................................................................................... 3 ARTICLE 6— GENERAL CONSIDERATIONS .........................................................................................................4 6.01 Standards of Performance............................................................................................................4 6.02 Design Without Construction Phase Services.............................................................................. 5 6.03 Use of Documents......................................................................................................................... 6 6.04 Insurance....................................................................................................................................... 7 6.05 Suspension and Termination........................................................................................................ 7 6.06 Controlling Law.............................................................................................................................9 6.07 Successors, Assigns, and Beneficiaries......................................................................................... 9 6.08 Dispute Resolution...................................................................................................................... 10 6.09 Environmental Condition of Site................................................................................................10 6.10 Indemnification and Mutual Waiver..........................................................................................11 6.11 Miscellaneous Provisions............................................................................................................11 ARTICLE7 — DEFINITIONS................................................................................................................................12 7.01 Defined Terms.............................................................................................................................12 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS...........................................................................................16 8.01 Exhibits Included.........................................................................................................................16 8.02 Total Agreement..........................................................................................................................16 8.03 Designated Representatives.......................................................................................................16 8.04 Engineer's Certifications..............................................................................................................16 EJ CD C ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of January , 2012 ("Effective Date") between City of La Porte, Texas, a Governmental Entity ("Owner") and CivilTech Engineering, Inc., a Texas Corporation ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: McCabe Road Culvert Replacement and Detention Mitigation Pond ("Project"). Engineer's services under this Agreement are generally identified as follows: Prepare construction plans, specifications and estimates for the replacement of dual 72-inch RCP's at McCabe Road over Taylor Bayou, HCFC Unit A104-00-00, and a detention mitigation pond. Owner and Engineer further agree as follows: ARTICLE 1— SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2— OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. Page 1 EICDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ® 2008 National Society of Profeubnal Engineers for EJCDC. All rights reserved. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3— SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4— INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. EJCDC E-588 Agreement Between Owner and Engineer for Professional services Copyright 0 2008 National society of Professional Engineers for EICDC. All rights reserved. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. 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; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE S — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost 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 construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' 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 requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit (Not Applicable) A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit;' to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. Page 3 EICDC E-500 Agreement Between Owner and Engineer for Profeulonal Services Copyright ® 2008 National Society of Profeuional Engineers for EICDC. All rights reserved. ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: 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. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures 1. Engineer and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner shall provide to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner -provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner -provided written policies and procedures, may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. Page 4 EICDC E-SOO Agreement Between Owner and Engineer for Professional services Copyright m 2008 National society of Professional Engineers for EICDC. All rights reserved. G. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless both parties mutually agree to use other general conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's'furnishing and performing of its work. I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance - related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Engineer's own agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.05. Page s E1CDC E-500 Agreement Between Owner and Engineer for Professional services Copyright m 2008 National society of Professional Engineers for EICDC. All rights reserved. 6.03 Use of Documents A. ° All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. Either party to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. 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 transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the Documents and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. Page 6 EICDC E-500 Agreement Between Owner and Engineer for Professional services Copyright ® ZWS National society of Professional Engineers for EICDC. All rights reserved. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. Engineer shall each deliver to Owner certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds, additional insureds, or loss payees thereunder. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 30 days prior written notice has been given to Owner and Engineer and to as additional insured (if any) to which a certificate of insurance has been issued. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension: 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer.• Page 7 EICDC E-S00 Agreement Between Owner and Engineer for Pralmlonal services Copyright 0 2008 National Society of Professional Engineers for EJCDC. AB rights reserved. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. 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 terms hereof through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; 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 under Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; 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, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.B 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 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. D. Payments Upon Termination: Page 8 EICDC E-SW Agreement Between Owner and Engineer for Profmional Services Copyright ® ZW8 National Society of Professianal Engineers for EICDC. All rights resented. 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other parry, 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. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual or entity, or to any surety for or employee of any of them. 2. 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. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional SerAces CoMRht m 2008 National Soclety of Professional Engineers for EICDC. All rights reserved. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then 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: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineers services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an 'owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. EICDC E-S00 Agreement Between Owner and Engineer for Professional Services Copyright 0 20D8 National Society of Professional Engineers for EJCDC. All rights reserved. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, "Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability. C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the parry and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, 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. 6.11 Miscellaneous Provisions A. 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, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 11 EICDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ® 2008 National society of Professional Engineers for EXDC. All rlghu reserved. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severobility: 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, which 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. D. Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7— DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following provisions: 1. Additional Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 2. Agreement — This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 3. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 4. Basic Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 5. Construction Contract — The entire and integrated written agreement between Owner and Contractor concerning the Work. 6. Construction Cost — The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be Page 12 EJCDC E-500 Agreement Between owner and Engineer for Professional Services Copyright ® 2008 National Society of Professional Engineers for EJCDC. All rights reserved. provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 7. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 9. Contract Documents — Those items so designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor — The entity or individual with which Owner has entered into a Construction Contract. 11. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 12. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 13. Effective Date — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 14. Engineer —The individual or entity named as such in this Agreement. 15. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. Page 13 EICDC E-500 Agreement Between Owner and Engineer for professional Services Copyright m 2008 National Society of profeulonal Engineers for EICDC. All rights reserved. 16. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 17. Owner — The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinatedbiphenyls. 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings — Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses —The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. EICDC E-500 Agreement Between Owner and Engineer for professional Services Copyright 0 2008 National Society of Professional Engineers for EICDC. All rights reserved. 27. Site— Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications — That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 29. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of - way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 33. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. Page 15 EICDC E-SOG Agreement Between Owner and Engineer for Professional Services Copyright ® 2008 National Society of Profeulonal Engineers for EICDC. All rights reserved. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. (Not Included) E. Exhibit E, Notice of Acceptability of Work. F. Exhibit F, Construction Cost Limit. (Not Included) G. Exhibit G,Insurance. H. Exhibit H, Dispute Resolution. I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. (Not Included) K. Exhibit K, Amendment to Owner -Engineer Agreement. 8.02 Total Agreement: A. This -Agreement, (together with the exhibits identified above) 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 based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives: A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineers and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications: A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: Page 16 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ® 2008 National Society of Professional Engineers for EICDC. All rights reserved. 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. Page 17 EICDC E-500 Agreement Between CMmer and Engineer for Professional Services Copyright m 2008 National Society of Professional Engineers for EICDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on Page 1. Owner: M Engineer: -t; ' x c By: Melvin G. Spinks, P.E. Title: Title: President Date Date Signed: Signed: January 6, 2012 Firm's Certificate No. F-382 State of: Texas Address forgiving notices: Address for giving notices: CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Darrell L. Kaderka, P.E. Title: Title: Vice President Phone Number: Phone Number: 281-304-0200 Facsimile Number: Facsimile Number: 281-304-0210 E-Mail Address: E-Mail Address: dlkaderka@civiltecheng.com Page 18 EICDC E-500 Agreement Between Owner and Engineer for Professlorul Services Copyright m 2008 National Society of Professlonal Engineers for EICDC. All rights reserved. This is EXHIBIT A, consisting of 12 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below and further described in Exhibit A-1, Exhibit A-1-1, Exhibit A-1-2, Exhibit A-1-3, and Exhibit A-1-4. The project schedule is provided in Exhibit A-2. PART 1— BASIC SERVICES A1.01 Preliminary Design Phase A. Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Project and available data. 2. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Engineer, including but not limited to mitigating measures identified in the hydrologic and hydraulic study and the environmental assessment. 3. 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 for the Project. 4. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed - to requirements, considerations involved, and those alternate solutions available to Owner which Engineer recommends. For each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; proposed allowances for contingencies; the estimated total costs of design, professional, and related services to be provided by Engineer and its Consultants; and, on the basis of information furnished by Owner, a summary of allowances for other items and services included within the definition of Total Project Costs. 6. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. Page 1 (Exhibit A — Engineer's Services) EICDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National soclety of Professional Engineers for EJCDC. All rights reserved. 7. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 8. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 9. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: Surveying and Environmental Services. 10. Furnish two 2 review copies of the Preliminary Design Phase documents and any other deliverables to Owner within sixty 60 calendar days of authorization to proceed with this phase, and review them with Owner. Within twenty-one (21) calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 11. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate, and furnish to Owner five S copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within seven 7 calendar days after receipt of Owner's comments. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. A1.02 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. 3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. Page 2 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EICDC. All rights reserved. 4. Perform or provide the following additional Final Design Phase tasks or deliverables: Surveying. Geotechnical and Environmental Services 5. Furnish five 5 review copies of the 75% Plans and any other deliverables to Owner within sixty 60 calendar days of authorization to proceed with this phase, and review them with Owner. Within fourteen (14) calendar days of receipt, Owner shall submit to Engineer any comments regarding the 75% Plans and any other deliverables. Engineer shall provide a written reponse to any comments issued by the Owner. 6. Furnish five 5 review copies of the 95% Plans and draft Project Manual and any other deliverables to Owner within twenty (21) calendar days of Owner's review of the 75% Plans, and review them with Owner. Within fourteen (14) calendar days of receipt, Owner shall submit to Engineer any comments regarding the 95% Plans and any other deliverables. Engineer shall provide a written reponse to any comments issued by the Owner. 7. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit ,one 1 reproducible mylar set of drawings and a PDF electronic copy, a Project Manual, a revised opinion of probable Construction Cost, and any other deliverables to Owner within seven 7 calendar days after receipt of Owner's comments and instructions. B. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.02.A.6 have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime Construction Contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Construction Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post -Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime Construction Contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime Construction Contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is One (1). If more prime Construction Contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.03 Bidding or Negotiating Phase A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: Page 3 - (Exhibit A — Engineer's services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 ZOOS National Society of Professional Engineers for E1CDC. All rights reserved. 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 7. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: None B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.04 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): DELETED 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.0. Page 4 (Exhibit A — Engineer's Services) EICDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ® 2008 National Society of Professional Engineers for EICDC. All rights reserved. 4. Pre -Construction Conference: Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's. judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractors Work in progress or to involve detailed inspections of Contractors Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineers exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineers visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineers efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractors Work in progress, supervise, direct, or have control over Contractors Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractors Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractors furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor Page 5 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright © 2008 National society of Professional Engineers for EICDC. All rights reserved. nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work. Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 12. Substitutes and "or -equal". Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests: Require such special inspections or tests of Contractors work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineers review of such certificates will be for the purpose of determining that the results certified indicate compliance with theContractDocuments and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractors work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractors Work; review each duly submitted Page g (Exhibit A — Engineer's Services) EICDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ® 2008 National Society of Professional Engineers for EICDC. All rights reserved. Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for E1CDC. All rights reserved. other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.05.4.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in Paragraph A1.04.A.11. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: None. 19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E (the "Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of Paragraph A3.04.A.15.b) to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime Construction Contract as indicated in Paragraph A1.02.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.05 Post -Construction Phase (Not Applicable) A. Upon written authorization from Owner during the Post -Construction Phase Engineer shall: Page 8 (Exhibit A — Engineer's Services) EICDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved. 1. Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. 2. Together with Owner or Owner's representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. 3. Perform or provide the following additional Post -Construction Phase tasks or deliverables: [Here list any such tasks or deliverables] B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this.Exhibit A, will terminate twelve months after the commencement of the Construction Contract's correction period. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below and as further described in Exhibit A-1. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 4. Services resulting from Owners request to evaluate additional alternative solutions beyond those identified in Paragraph A1.01.A.5. Page 9 (Exhibit A - Engineers Services) EICDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EICDC. All rights reserved. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime Construction Contracts than specified in Paragraph A1.02.D. 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.04.A.6, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. Page 20 (Exhibit A - Engineer's services) EJCDC E-500 Agreement Between Owner and Engineer for Professional services Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved. 17.Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Assistance in connection with the adjusting of Project equipment and systems. 22. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 23. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record -keeping. 24. Overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner in advance that Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed .,or equal' or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. Page 11 (Exhibit A — Engineer's services) E1CDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National society of Professional Engineers for E1CDC. All rights reserved. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent 'of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7.' Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.04.B. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. Page 12 (Exhibit A — Engineer's services) EICDC E-500 Agreement Between Owner and Engineer for Professional services Copyright 0 2008 National society of Professional Engineers for EICDC. All rights reserved. This is EXHIBIT, B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Owner's Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. Page 1 (Exhibit B—Chvner's Responsibilities) EJCDC E-SW Agreement Between Owner and Engineer for Professional Services. Copyright ® 2008 National Society of Professional Engineers for EJCDC. All rights reserved. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. J. Place and pay for advertisement for Bids in appropriate publications. K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. Page 2 (Exhibit B-O vneeS Responsibilities EJCCC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright ® 2008 National Society of Professional Engineers for EJCDC. All rights reserved. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. N. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Q. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. S. Perform or provide the following additional services: [Here list any such additional services]. Page 3 (Exhibit B—Owner's Responsibilities EICDC E-S00 Agreement Between Owner and Engineer for Professional SerNtts. Copyright m 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Payments to Engineer for Services and Reimbursable Expenses Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation for Basic and Additional Services A. Owner shall pay Engineer for Basic & Additional Services set forth in Exhibit A as follows: 1. The following estimated distribution of compensation and method of payment are listed below: Basic Services a. Preliminary Design Phase b. Final Design Phase c. Bidding or Negotiating Phase d. Construction Phase Additional Services e. Preliminary Design Phase f. Final Design Phase $ 37,700.00 (Lump Sum) $ 39,000.00 (Lump Sum) $ 4,020.00 (Standard Hourly Rates) $ 14,260.00 (Standard Hourly Rates) $ 38,570.00 (Lump Sum) $ 23,392.00 (Lump Sum) 2. The Lump Sum includes compensation for Engineer's services and amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 3. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 4. For Standard Hourly Rates, an amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel times Standard Hourly Rates for each Page 1 Exhibit C-Compensation Packet BC-1: Basic Services (other than RPR) - lump Sum Method of Payment E1CDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EICDC. All rights reserved. applicable billing class for all services performed on the Project, plus Reimbursable Expenses, if any. 5. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. C2.02 Compensation For Engineer's Consultants A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 1.00. C2.04 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of 1_10. B. Factors. The external Reimbursable Expenses and Engineer's Consultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. Page 2 Exhibit C-Compensation Packet BC-1: Basic Services (other than RPR) -Lump Sum Method of Payment E1CDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. Estimated Compensation Amounts: 1. Engineer's estimate of the amounts that will become payable for specified services 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 the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or 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. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. D. To the extent necessary to verify Engineer's charges and upon Owners timely request, Engineer shall make copies of such records available to Owner at cost. E. Period of Service: The compensation amount stipulated in Compensation is conditioned on a period of service not exceeding twelve 12 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. Page 3 Exhibit C-compensation Packet BC-1: Basic Services lother than RPRI - Lump Sum Method of Payment E1CDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 02008 National Society of Professional Engineers for EICDC. All rights reserved. This is Appendix 1 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Reimbursable Expenses Schedule Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and adjustment per Exhibit C. Reimbursable expenses for services performed on the date of the Agreement are: 8"xll" B/W Copies $0.10/page 11"x17" B/W Copies $0.20/page 8"x11" Color Copies $1.00/page 11"x17" Color Copies $2.00/page 24"x36" Paper Prints $2.50/print 11"x17" Mylar Prints $4.50/print 24"x36" Mylar Prints $6.50/print Mileage (auto) $0.55/mile Report Binders $4.50/binder Overnight Delivery $22.50/delivery Report Reproduction $150.00/report Page 1 Exhibit C — Appendix 1: Reimbursable Expenses Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright Q 20DS National Society of Professional Engineers for EICDC. All rights reserved. This is Appendix 2 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January . 2012. Standard Hourly Rates Schedule A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Article C2. B. Schedule: Hourly rates for services performed on or after the date of the Agreement are: Principal Engineer $250.00/hour Senior Project Engineer 180.00/hour Project Engineer 130.00/hour Assistant Engineer 105.00/hour Senior GIS Analyst 120.00/hour Senior Design Technician 130.00/hour Design Technician 85.00/hour Administrative 90.00/hour Clerical 70.00/hour Page 1 Exhibit C —Appendix 2: Standard Hourly Rates Schedule EICDC E•500 Agreement Between Owner and Engineerfor Professional Services. Copyright 0 2008 National Society of Professional Engineers for EICDC. All rights reserved. This is EXHIBIT E, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: CONTRACTOR: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER: NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated and the terms and conditions set forth in this Notice. By: Title: Dated: Page 1 (Exhibit E— Notice of Acceptability of Work) E1CDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright ® 3008 National Society of Professional Engineers for EICDC. All rights reserved. CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the professional judgment of Engineer. 3. This Notice is given as to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referred to in this Notice, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement and Construction Contract. 5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referred to in this Notice, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 (Exhibit E— Notice of Acceptability of Work) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EICDC. All rights reserved. This is EXHIBIT G, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: b. Employer's Liability-- i) Each Accident: ii) Disease, Policy Limit: iii) Disease, Each Employee: c. General Liability-- i) Each Occurrence (Bodily Injury and Property Damage): ii) General Aggregate: d. Excess or Umbrella Liability -- i) Each Occurrence: ii) General Aggregate: Statutory $500,000 $500,000 $500,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 f. Professional Liability — i) Each Claim Made $1,000,000 ii) Annual Aggregate $2,000,000 2. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 1 (ExhibitG -Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National society of Professional Engineers for EICDC. All rights reserved. This is EXHIBIT H, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Dispute Resolution Paragraph 6.08 of the Agreement is amended and supplemented to include the following agreement of the parties: H6.08 Dispute Resolution A. Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation by a mediation service company approved by both parties. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. Page 1 (Exhibit H - Dispute Resolution( EJCDC E-sD0 Agreement Between Owner and Engineerfor Professional services. Copyright 0 2008 National society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT I, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. Limitations of Liability Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties A. Limitation of Engineer's Liability 1. Engineer's Liability Limited to Amount of Engineer's Compensation: To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants shall not exceed the total compensation received by Engineer under this Agreement. 2. Exclusion of Special, Incidental, Indirect, and Consequential Damages: To the fullest extent permitted by law, and notwithstanding any other provision in the Agreement, consistent with the terms of Paragraph 6.10. the Engineer and Engineer's officers, directors, members, partners, agents, Consultants, and employees shall not be liable to Owner or anyone claiming by, through, or under Owner for any special, incidental, indirect, or consequential damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. 3. Agreement Not to Claim for Cost of Certain Change Orders: Owner recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by Engineer or in the other professional services performed or furnished by Engineer under this Agreement ("Covered Change Orders"). Accordingly, Owner agrees not to sue or to make any claim directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders. For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that Owner would have incurred if the Covered Change Order work had been included originally without any Page 1 (Exhibit I - Limitations on Liability) EJCCC E-500 Agreement Between Owner and Engineer for Professional services. Copyright m 2008 National society of Professional Engineers for EJCOC. All rights reserved. imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of Engineer related thereto. Wherever used in this paragraph, the term Engineer includes Engineer's officers, directors, members, partners, agents, employees, and Consultants. B. Indemnification by Owner To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Page 2 (Exhibit I - Limitations on Liability) EJCDC E-500 Agreement Between owner and Engineer for Professional Services. Copyright 0 2008 National society of Professional Engineers for EICDC. All rights reserved. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 2012. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1. Background Data: a. Effective Date of Owner -Engineer Agreement: b. Owner: C. Engineer: d. Project: 2. Descriptinn of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] a. Engineer shall perform or furnish the following Additional Services: b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: C. The responsibilities of Owner are modified as follows: d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: e. The schedule for rendering services is modified as follows: Other portions of the Agreement (including previous amendments, if any) are modified as follows: (List other A ttochments, if any] Page 1 (Exhibit K - (Amendment to Owner -Engineer Agreement) - Attachment 1) EJCDC E-SW Agreement Between owner and Engineer for Professional services. Copyright ® 2008 National society of Professional Engineers for EICDC. All rights reserved. 5. Agreement Summary (Reference only) a. Original Agreement amount: $ b. Net change for prior amendments: $ c. This amendment amount: $ d. Adjusted Agreement amount: $ The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is OWNER: By: Title: Date Signed: ENGINEER: By: Title: Date Signed: Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement) —Attachment 1) EICDC E-500 Agreement Between Owner and Engineer for Professional services. Copyright ® 2008 National society of Professional Engineers for EJCDC. All rights reserved. Exhibit A-1 SCOPE OF SERVICES MCCABE ROAD CULVERT REPLACEMENT AND DETENTION MITIGATION POND CivilTech Engineering, Inc. entered into an Agreement for Professional Engineering Services with the City of La Porte, Texas on September 13, 2011 to perform a hydrologic and hydraulic evaluation of the proposed channel improvements along Taylor Bayou, HCFC Unit A104-00-00. The proposed channel improvements were recommended in the comprehensive drainage study entitled City of Lo Porte CiN Wide Droinaae Study (CWDS) dated January 2009 to alleviate structural flooding of homes in the Shady River Subdivision. CivilTech Engineering, Inc. issued a technical memorandum on December 13, 2011 to present the technical findings for the hydrologic and hydraulic analysis performed for Taylor Bayou, HCFC Unit A104- 00-00, and its tributary, HCFC Unit A104-12-00. The technical analysis determined that the 10-, 50- and 100-year water surface elevations (riverine conditions only) along Taylor Bayou, HCFC Unit A104-00-00, and HCFC Unit A104-12-01 do not result in structural flooding of homes in the Shady River Subdivision. Historical structural flooding in the subdivision has been likely caused from coastal storm surge flood elevations in Galveston Bay during tropical storms or hurricanes. The hydrologic and hydraulic analysis did identify a significant flow restriction at the existing cross drainage culverts (2-72-inch RCPs) at McCabe Road and Taylor Bayou, HCFC Unit A104-00-00. The existing cross culverts increase the 100-year water surface elevations along Taylor Bayou by approximately 4.8 feet. This restriction would affect outfall drainage into Taylor Bayou from residential and commercial developments between McCabe Road and State Highway 146. It is recommended that the existing cross drainage structures be upsized to adequately convey a 100-year storm event. It is also recommended that a hydrologic and hydraulic analysis be performed to examine if detention mitigation will be required with the proposed culvert replacement. Detention mitigation is typically required if adverse impacts are caused to downstream flood flows and flood levels with a proposed improvement along an existing channel. The scope of work includes the necessary engineering analysis and preparation of construction plans, specifications, and estimates for the replacement of the existing dual 72-inch RCP at McCabe Road and Taylor Bayou, HCFC Unit A304-00-00. This scope of work includes the basic and additional services required for the Project. Basic Services Basic services include the following: • Preliminary Design Phase (A1.02) • Final Design Phase (A1.03) • Bidding and Construction Phase (A3.04 and A1.05) civil-rech Engineering, Inc. 1 A. Preliminary Design Phase (A1.02) Preliminary Design involves performing the preliminary research and engineering investigations to examine design alternatives, preliminary construction costs, and selection of the recommended improvements for the Project. Upon written authorization by the City of La Porte, the recommended improvements would then be fully developed in the Final Design Phase into construction documents ready for advertisement and bid. The work tasks include Project Coordination and Meetings, Data Collection and Review, Alternative Design Analysis, and preparation of the Preliminary Engineering Report. These work tasks are described below: a) Project Coordination and Meetings: CivilTech will coordinate and manage the design efforts for the Project. Invoices will be prepared on a monthly basis for work completed during the month. A monthly project status report will be provided to the City for the work completed during the month. Two (2) progress meetings will be held with the City of La Porte to discuss work progress and technical issues for the Project. Two (2) consultant team meetings will be held with subconsultants. An agency coordination meeting will be held with the Harris County Flood Control District for the Project. Minutes of meetings will be prepared by CivilTech and provided to the City within five (5) calendar days. b) Data Collection and Review: CivilTech will research existing utility data (private and public) for the Project. CivilTech will contact private utility companies (electric, gas, telephone, etc.) to request utility information and as -built drawings. Public utilities including water, sanitary, and storm will be obtained from the City of La Porte or Harris County. Information will also be obtained from Harris County Appraisal District (HCAD) for parcels and ROW information. CivilTech will perform a site visit to photograph and document existing conditions for the project. c) Alternative Design Analysis: The Project includes the replacement of existing dual 72-inch RCPs with dual 10'x8 RCBs. An engineering analysis will be performed during the preliminary design phase to determine any detention mitigation requirements for the Project. The alternative design analysis will consider alternatives for both the culvert replacement and the mitigation solution, if necessary, for the Project. Preliminary construction cost estimates will be prepared for the design alternatives considered. A recommended alternative will be presented to the City for consideration and acceptance prior to initiating Final Design Phase. Preliminary drawings of the recommended improvements will include: i) Preliminary Culvert Layout ii) Preliminary Detention Mitigation Pond Layout (if necessary) iii) Preliminary. Phasing Plan and Traffic Control iv) Preliminary Utility Adjustment Plan CivilTech Engineering, Inc. 2 d) Preliminary Engineering Report — A Preliminary Engineering Report will be prepared to document the preliminary engineering investigations, design alternatives, cost estimates, and recommendations. The Preliminary Engineering Report will be bounded and include tables, exhibits and appendices. The Preliminary Engineering Report will be signed and sealed by a Licensed Professional Engineer in the State of Texas. Five (5) original hard copies of the report will be provided to the Client. Each of the original hard copies includes a CD with the report in electronic PDF format. B. Final Design Phase Upon written authorization from the City of La Porte, the Final Design Phase will include preparation of the final Plans, Specifications and Estimates (PS&E) for the Project. CivilTech will perform all necessary engineering design computations in support of the plan preparation. Plan submittals for review by the City of La Porte will be made at the 75% and 95% plan completion milestones. Quantities and construction cost estimates will also be prepared with the plan completion milestones. a) Culvert Replacement: CivilTech will prepare PS&E for the replacement of the existing dual 72- inch RCP culverts at McCabe Road and Taylor Bayou, HCFC Unit A104-00-00. Construction plan sheets include but not limited to following: Cover Sheet General Construction Notes Survey Control Map Drainage Area Map & Hydraulic Computations Culvert Layout — Plan & Profile Headwall Details Precast Box Culvert Details Ditch Interceptor Details Water Lihe Adjustment, Plan and Profile Water Line Adjustment, Details Traffic Control Plan Storm Water Pollution Prevention Plan (SWPPP) Pavement and Sidewalk Repair Details Pavement Markings b) Detention Mitigation Pond: CivilTech will prepare PS&E for a detention mitigation pond, if required for the Project. Construction plan sheets include but not limited to the following: Pond Layout and Grading Plan Pond Cross -Sections Outfall Details with Trash Rack Weir Details Backslope Swale & Interceptor Structure Details Storm Water Pollution Prevention Plan Miscellaneous Details civil-Fech Engineering, Inc. 3 c) Project Manual: CivilTech will prepare a Project Manual which will include bid documents, specifications and bid tabulation. One (1) electronic copy of the Project Manual in Microsoft Word will be provided to the City. C. Bidding and Construction Phase a) Bid Phase — CivilTech will assist in advertising the Project and conducting a pre -bid conference prior to receipt of contractor's bids. Responses to contractor questions or inquiries or any necessary addenda's will be prepared during the bid process as required. Upon receipt of contractor bids, CivilTech will tabulate the bids received and recommend a contractor for consideration by the City. b) Construction Phase — CivilTech will review all required product and material submittals by the construction contractor. CivilTech will also respond to contractor Requests for Information (RFI) as required. Logs of all submittals and RFI's submitted will be maintained by CivilTech. CivilTech will attend a pre -construction meeting, four (4) construction site visits, and a final walkthrough with the Owner. Site visit reports will be issued to the City and will identify work activities observed, non -conforming items, and overall work quality observed during the site visit. CivilTech will assist the City of La Porte in a final inspection and produce a final punch list of items to be addressed by the contractor prior to the City's final acceptance of the project. This work does not include a full-time Resident Project Inspector. Additional Services The Additional Services will be performed upon written authorization by the City of La Porte for the following services: A. Surveying Services: Civil Concepts, Inc. will provide surveying services as presented in the attached proposal in Exhibit A-1-1. Surveying services include horizontal and vertical controls, topographic surveys, and a boundary survey for the Project. The boundary survey is solely for the parcel taking for the detention mitigation pond, if required. All topographic surveys will be referenced to the North American Vertical Datum (NAVD) of 1988, 2001 Adjustment. B. Geotechnical Engineering Services — ATSER, LP will provide geotechnical services as presented in the attached proposal in Exhibit A-1-2. One (1) boring will be obtained for the culvert replacement. Four (4) borings will be obtained for the detention mitigation pond, if required. The geotechnical engineering investigation will conform to the requirements specified by the Harris County Flood Control District. Slope stability analysis, dispersive material testing, soil classifications, and pipe bedding recommendations will be addressed in a geotechnical report. C. Environmental Services — Berg Oliver Associates, Inc. will provide environmental services as presented in the attached proposal in Exhibit A-1-3. Berg Oliver will initially coordinate to determine if a Nationwide Permit 14 for Linear Transportation projects is required for the Project. If required, Berg Oliver will prepare the required application documents for submittal to the USACE. CivilTech Engineering, Inc. 4 Additionally, if detention mitigation is determined to be necessary for this project, Berg Oliver will prepare a Phase I Environmental Site Assessment for the identified property prior to acquisition. D. Hydrologic & Hydraulic Impact Analysis — CivilTech Engineering, Inc. will perform a hydrologic and hydraulic impact analysis as presented in the attached proposal in Exhibit A-1-4. The hydrologic and hydraulic impact analysis will be performed to determine if downstream impacts to the flows and water surface elevations along Taylor Bayou, HCFC Unit A104-00-00 are adversely affected with the proposed culvert replacement. If mitigation is deemed necessary, detention mitigation sites will be examined to determine the most feasible pond location, configuration, and hydraulic operation along Taylor Bayou, HCFC Unit A104-00-00. The City of La Porte may consider a regional multi -use detention pond which could include water quality features, environmental benefits, and recreation opportunities. Schedule The project schedule is attached in Exhibit A-2. civillech Engineering, Inc. 5 EXHIBIT A-1-1 CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947-6606 Fax (713) 947-6609 www.civilconcepts.com DATE: I January 5, 2012 TO: Darrell L. Kaderka, P.E. CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone: 281-304-0200 Fax:281-304-0210 FROM: I David Newell, RPLS,LS,CFM SURVEYING PROPOSAL: City of Laporte Project 02 B-104-00-00 Culvert (enlacement ana mineation was PROJECT Provide topographic survey, establish of project control DESCRIPTION (horizontal and vertical), for proposed culvert replacement at HCFC channel B112-00-00 and McCabe Road (100 feet east and west). Locate surface indications (MH's, PP, Signs, Junction boxes etc.) of private and public utilities (call One Call and locate markings)obtain utilities maps, provide location and depths of storm and sanitary sewer and surface indications (MH's, Valve, FH's etc.) of water lines. Provide a boundary and topographic (locate Geotechnical drill locations) survey for a proposed 4 acres site. Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 ESTIMATED adj.)and correlate to City of Laporte datum. COST: Topographic survey McCabe Road $ 1,500.00 Boundary and Topographic survey 4 acres $ 3,500.00 Work to be started 5 working days from authorization to proceed and completed within 7 working days. Provide AutoCad file, LandXML and text files. CivilTech City Laporte prj02 AT . S . 'E . R January 5, 2012 Mr. Darrell L. Kaderka, P.E. CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77249 RE: Proposal for Geotechnical Evaluation McCabe Road Culvert Replacement and Proposed Detention Basin La Porte, Texas {Harris County Key Map 580 P} ATSER Proposal: 2012001 Dear Mr. Kaderka: EXHIBIT A-1-2 1150 Richcrest Drive Houston, Texas 77060 281.999.9961 www.atser.com Thank you for allowing us to provide a proposal to perform geotechnical services for the above referenced project to be located in La Porte, Texas. Our final report will include the results of the geotechnical investigation following the geotechnical requirements outlined in Guidelines and Minimum Requirements for Geotechnical Reports for City of La Porte and Harris County Flood Control District. Laboratory analysis of soil samples will follow applicable ASTM Standards. Our understanding of the project, the proposed scope of services, and a cost estimate are presented in the following attached proposal. We look forward to working with you on this project. If you have any questions, please call and we will be glad to discuss them with you. Sincerely, Suresh Gudavalli, P.E. Engineering and Testing Department Manager ATSER,LP Engineering and Environmental EXHIBIT A-1-2 Proposal for Geotechnical Evaluation AT S E R CivilTech Engineering, Inc. McCabe Road Culvert Replacement and Proposed Detention Basin ••.••••• •• •••••........ La Porte, Texas Page 2 of 5 PROJECT DESCRIPTION The project site entails the replacement of culvert on McCabe Road at Taylor Bayou east of Highway 146. The project also includes the construction of detention basin adjacent to this location. The area where the proposed detention basin is located is wooded and is not cleared of trees. The boring locations will be laid out by ATSER and utility clearance will be ordered by ATSER through the TEXAS One Call utility locate service. Actual survey co-ordinates and elevations will be the responsibility of CivilTech Engineering, Inc. The exact location of the detention basin will be provided later by CivilTech Engineering, Inc. SCOPE OF SERVICES Based upon your request and our current understanding of the project, we have outlined below a scope of services to provide a program for developing geotechnical design criteria for culvert and slope stability analysis for detention pond for the planned project. The drilling program to characterize the subsurface conditions within the proposed area of the detention basin will consist of: The drilling of five (5) continuously sampled soil test borings along the proposed detention basin to a depth of about 20 feet each. o The drilling of one (1) soil test boring along the proposed culvert replacement to a depth of about 20 feet. The Geotechnical Report will follow the guidelines outlined in the Guidelines and Minimum Requirements for Geotechnical Reports for City of La Porte and Harris County Flood Control Geotechnical Guidelines. Laboratory analysis of soil samples will follow applicable ASTM Standards. General procedures for performing the services are as follows: 1. Secure soil samples from a total of 5 exploratory borings along the proposed detention basin. 2. Secure soil samples from a total of 1 exploratory boring along the proposed culvert replacement. 3. Perform laboratory tests on secured samples to characterize the materials. Analyze obtained test results. 4. Issue results and recommendations in the geotechnical report as outlined in the Harris County Flood Control District Geotechnical Guidelines for detention basin to be maintained by Harris County. Since this project needs to comply with HCFCD guidelines and City of La Porte no Texas Cone Penetrometer tests are proposed. Based on the information provided to us by CivilTech Engineers Inc, the depth of detention pond does not exceed 10 feet and the depth of the culvert replacement does not exceed 12 feet. The bottom depth of the Taylor Bayou is estimated to be less than 13 feet. EXHIBIT A-1-2 Proposal for Geotechnical Evaluation ATSER Ciropose Engineering, Inc. McCabe Road Culvert Replacement and Proposed Detention Basin •••••••• •• ••••••••••• La Porte, Texas Page 3 of 5 SCHEDULE The following is an anticipated work schedule, not including delays associated with inclement weather, for the Geotechnical Program: • Locate and mark proposed boring locations: approximately 1 to 2 business days • Arrange for site utility clearances: 3 to 4 business days. • Complete drilling and sampling operations: 2-3 business days. • Laboratory testing: 30 business days. • Engineering analyses and report preparation about 8 business days after completion of the laboratory analysis. SOIL EXPLORATION A mobile drill rig will be used in securing 3-inch diameter samples of the underlying material at each sampling location. Sampling procedures will follow ASTM standards and soil samples will be kept undisturbed whenever possible. Samples will be labeled and bagged on -site and subsequently delivered to the ATSER laboratory facility for testing. The objective of the testing program is to predict the engineering properties of the existing material. A laboratory test program will be undertaken to determine the engineering properties of the recovered material. The actual sample conditions and type of material will dictate the final testing program. Laboratory analysis of soil samples will follow applicable ASTM Standards. ENGINEERING EVALUATION Laboratory analyses will be conducted to classify soils and identify their properties. Recommendations for suitability of detention basin materials for roadway embankment and backfill, outfall pipe bedding and trench excavation safety, backfill and compaction recommendations, and dewatering will be provided as necessary. We will also provided detention basin slope stability analysis results in our final geotechnical report. The presentation of the Geotechnical Report will adhere to the format and content as established in Guidelines and Minimum Requirements for Geotechnical Reports for Harris County Flood Control District. In addition, we will provide three (3) draft copies of our geotechnical report for review and comments. Thereafter, we will provide three (3) copies of the final geotechnical report. PROJECT FEES AND TERMS ATSER will perform the Scope of Services as described in this proposal and in accordance with the attached Agreement for Professional Engineering Services for the lump sum fee of $11,116 (Eleven Thousand One Hundred Sixteen Dollars). We believe that the site will be easily accessible to the soil boring locations. However, if any site clearance will be necessary, it will be done on a Cost Plus 10% basis. EXHIBIT A-1-2 Proposal for Geotechnical Evaluation AT S E R CivilTech Engineering, Inc. McCabe Road Culvert Replacement and Proposed Detention Basin ••••••••• ••••••••.•• La Porte, Texas Page 4 of 5 Any requested changes to the proposed Scope of Services or Agreement for Professional Engineering Services must be agreed upon in writing before ATSER can proceed. ATSER reserves the right to adjust our fees, upon concurrence with the CivilTech Engineering, Inc., should any significant factors be encountered other than the conditions represented to ATSER at the time of approval of this agreement. Any additional fees would be billed in accordance with our current fee schedule as presented in the attached Table 1. ATSER is available to review earthwork and foundation related portions of project drawings and specifications, and to discuss with the design team after submittal of our report. Such follow-up meetings would be in addition to the scope of services outlined in this proposal and would be billed on a time and materials basis. AUTHORIZATION Please acknowledge your understanding and approval of ATSER's proposed Scope of Services by issuing an Authorization to Proceed to our office by fax or mail. The ATSER corporate office is located at 1150 Richcrest Drive, Houston, TX 77060. Our fax number is (281) 999-9962. Work on the project can commence once ATSER receives the signed agreement. We look forward to working with you on this project. If you have any questions, please call (281) 999-9961 and we will be glad to discuss them with you. Approval: Client: Mr. R bert Arizola, P.E Vice President ATSER LP Mr. Darrell L. Kaderka, P.E. Vice President CivilTech Engineering, Inc. EXHIBIT A-1-2 Proposal for Geotechnical Evaluation AT S E R Ciropose Engineering, Inc. McCabe Road Culvert Replacement and Proposed Detention Basin •••••••• •• ••••••••••• La Porte, Texas Page 5 of 5 GEOTECHNICAL EVALUATION MCCABE ROAD CULVERT REPLACEMENT AND PROPOSED DETENTION BASIN, LA PORTE, HARRIS COUNTY, TEXAS ATSER Proposal No. ATS- 2012001 Description Unit Cost Quantity Total Soil Borings Field Work Mobilization/ Demobilization Lump Sum $ 300.00 1 $ 300.00 5 Soil Borings (a) 20 feet for Detention Pond and , I Soil Boring @) 20 feet for Culvert replacement, per linear ft $ 18.00 120 $ 2 160.00 Grouting, per linear foot $ 5.00 120 $ 600.00 Vehicle Charges Per Da $ 70.00 1 $ 70.00 Technican- Logger- co-ordinate drilling, per hour $ 50.00 8 $ 400.00 Project Manager, P.E (Principal), per hour $ 96.00 4 $ 384.00 Subtotal $ 3,914.00 Laboratory Work Roadway Moisture Contents, Each $ 8.00 24 $ 192.00 Atterberg Limits Each $ 53.00 14 $ 742.00 Unconfined Compression, Each $ 39.00 14 $ 546.00 Dry Unit Weight, Each $ 24.00 14 $ 336.00 Percentage Passin includes 4200), Each $ 42.00 14 $ 588.00 Dispersive Characteristics by Pinhole Test, Each $ 246.00 2 $ 492.00 Consolidated Undrained Test Each $ 720.00 2 $ 1,440.00 Subtotal for Laboratory Work $ 4,336.00 Engineering Analysis/Report Engineering Analysis (Slope Stability) Graduate Engineer, per hour. $ 76.00 14 $ 1064.00 Project Engineer, PE, (Principal), per hour. $ 96.00 2 $ 192.00 Engineering Report Project Manager, P.E (Principal), per hour $ 167.00 1 $ 167.00 Project Engineer, P.E. per hour $ 96.00 2 $ 192.00 Graduate Engineer, per hour. $ 76.00 1 15 $ 1,140.00 Technician- Non NICET., per hour $ 37.00 1 3 $ 111.00 Subtotal for Engineering $ 2,866.00 Estimated Fee without Bulldozer Operator Cost $ 11,116.00 EXHIBIT A-1-3 BERG * OLIVER ASSOCIATES, INC. ' Environmental Science, Engineering & Land Use Consultants 14701 St. Mary's Lane, Suite 400, Houston, Texas 77079 • (281) 589-0898 jar: (281) 589-0007 br Houston 0 Dallas/ Fort Worth 0 WDBEIHUB 0 w .beroollver.com MEMORANDUM TO: Darrell L. Kaderka FROM: David Sherrill NO. OF PAGES: I I (incl. cover) VIA EMAIL: dlkaderka@civiltecheng.com DATE: January 6, 2012 SUBJECT: Environmental Services Proposal Dear Mr. Kaderka, Attached is our proposal/agreement for environmental services discussed with our firm. Please review the proposal/agreement and, if acceptable, execute the agreement and return to us by email or fax at (281) 589-0007. We look forward -to working with you and CivilTech on this project. Thank you for considering Berg*Oliver Associates, Inc. to assist you with your environmental planning. Sincerely, David Sherrill Director of Permitting and Land Use Berg*0liver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 BERG • OLIVER ASSOCIATES, INC. Environmental Science, Engineering X Land Use Consultants 14701 St. d4ary's Lane, Suite 400, Plouston, Texas 77079 (281) 589-0898 jar: (281) 589-0007 Houston 0 Dallas/ Fort Worth 0 WDBEIHUB 0 v .beroollver.com January 6, 2012 Darrell L. Kaderka, P.E. Vice President CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 Via email: dlkaderk&@civillechenz.com Re: Proposal for Permit Determination and Nationwide Permit 14- Linear Transportation Project BOA Project Number 8472p Dear Mr. Kaderka: The following proposal is provided to you for environmental services for the proposed road improvement project to McCabe Road over Taylor Bayou located east of Hwy 146, in Harris County, Texas. Berg*Oliver Associates, Inc. (Berg*Oliver) will provide special attention to complete the work in a timely and professional manner. We will begin the assessment upon your acceptance and execution of this proposal. Berg*Oliver Associates, Inc. is proposing to provide the following services: Task 1) Permit Determination with the USACE and Task II) Nationwide Permit 14 — Linear Transportation Project. Attachment A describes each of these services. PROJECT SCHEDULE The scope of work involved for Task I is anticipated to be complete within thirty (30) calendar days of the receipt of an executed proposal and boundary survey/plat, or other suitable boundary map by Berg*Oliver. The Permit (Task II) is projected to be submitted to the USACE within forty-five (45) calendar days of receipt of authorization to proceed. The permit review process by the USACE normally takes between three (3) and six (6) months for a Nationwide Permit. The process begins upon the USACE determination that the application is complete. Upon review of the initial submittal, the USACE may request additional information beyond that listed in the Code of Federal Regulations (CFR) to consider the application complete for processing. Berg* Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 RIGHT OF ENTRY Unless otherwise stated, it is assumed that the client has the authority to enter the property for purposes of conducting environmental assessments and herein grants that authority to Berg*Oliver. BASIC COMPENSATION AND METHOD OF PAYMENT Berg*Oliver proposes to provide the environmental services described in Attachment A to CivilTech for the following totals: TASK I: PERMIT DETERMINATION ................................................ $2,000.00 (HOURLY)* TASK H: USACE NATIONWIDE PERMIT 14........................................$10,200.00 (LUMP) ** TOTAL: $12,200.00 * This task will be invoiced for the hours actually used to perform the work but will not exceed $2, 000.00 ** This estimate for a Natiomvide Permit is based upon past experience, and includes 82 hours of Project ManagemendMapping time. Extraordinary circumstances, such as regulatory agency reviews based upon recent policy changes, may require additional tasks or further detailed analysis not covered in the present scope of work tf this task requires more than a total of 82 hours of Project Management/Mapping time, the extra hours will be billed hourly as additional services, based on the attached rate schedule, but will not exceed 10% ($1,010.00) without written approval from the client. It is assumed that no MAJOR roadblocks to the permit are presented by the public comment agencies, TCEQ, and/or USACE. If extraordinary circumstances/requests for additional details are encountered, this amount will increase proportionally and a change order will be submitted to the client as described above. POTENTIAL ADDITIONAL TASKS If the client determines that flood plain mitigation is required, the scope will be expanded to include the following tasks for the additional 4 acres located near the adjoining project area. TASK HI: PHASE I SITE ASSESSMENT............................................$2,150.00 (LUMP) *** TASK IV: WETLAND DELINEATION..................................................$4,500.00 (LUMP) **** TOTAL FOR ALL TASKS (I -IV): $18,850.00 * * * If there are structures on the property that must be entered, there will be an additional charge of $125.00 per structure. If there are oil/gas wells on the property, there will be an additional research fee of $125.00 per well. This task includes 17 hours of Project ManagemendMapping time. Extraordinary circumstances, such as regulatory agency reviews based upon recent policy changes, may require additional tasks or further detailed analysis not covered in the present scope of work. If this task requires more than a total of 17 hours of project management time, the extra hours will be billed hourly as additional services, based on the attached rate schedule, but will not exceed 10% ($2I5.00) without written approval from the client. **** This amount is based upon the property having clear access for delineation so that field work can be completed in two (2) days or less by a nvo-man crew. If there is thick vegetation, it may take longer to complete the delineation. For each additional day (8 hours). offield work by a wo-man crew, the amount will increase $1,800.00 BergoOliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 extra per day. This task includes 36 hours of Project A4anagemendMapping time. Extraordinary circumstances, such as regulatory agency reviews based upon recent policy changes, may require additional tasks or further detailed analysis not covered in the present scope of work If this task requires more than a total of 36 hours of Project Management/Mapping time, the extra hours will be billed hourly as additional services, based on the attached rate schedule, but will not exceed l0% ($450.00) without written approval from the client. This cost estimate is valid for a period of six (6) months beyond the date shown below. After six (6) months, cost estimates may change due to fluctuations in fuel, subcontractors, and other sources required to, complete the project. Berg*Oliver will begin the work described herein upon the execution of this proposal by the client. Invoices for each lump sum amount will be invoiced upon completion of the task or upon 50%, 75%, and 100% completion if the project takes longer than thirty (30) days to complete. Invoices for all hourly work will be submitted monthly and will be based upon the attached Rate Schedule in Attachment B. Payment of all invoices is expected within thirty (30) days of the client's receipt of the invoice submitted by Berg*Oliver. If invoice is not paid in full in thirty (30) days, interest will accrue at 1.5% per month (18% per annum). CONFIDENTIALITY OF ASSESSMENT The assessment and all related work and services of Berg*Oliver Associates, Inc. are confidential. Berg*Oliver Associates, Inc. is hereby employed by CivilTech pursuant to this contract. Under such contract relationship, all correspondence, written or oral, which relates to the findings of this study are, to the extent permitted by law, strictly confidential between the parties hereto, unless Berg*Oliver Associates, Inc. receives a written request from the client to offer the results of this study to a third party not a part of this agreement/proposal. Environmental assessments may occasionally uncover extremely sensitive findings. It is the responsibility of Berg*Oliver Associates, Inc. to report these findings to the authorizing client and to no other party. Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 PROPOSAL ACCEPTANCE AND EXECUTION Acceptance of this proposal, including the "General Conditions for Services" found in Attachment C, will be indicated by the signatures below and will serve as authorization to proceed with the work proposed herein. The signatory below also represents that the client has, or has secured, the authority to grant permission for Berg*Oliver Associates, Inc. personnel to enter the subject property as necessary to conduct these assessments and that such permission is granted to Berg*Oliver Associates, Inc. by the execution of this agreement/proposal. If the client is a Corporation or a Partnership, then the signature below will also represent the personal guarantee of the individual signing on behalf of the Client. IN WITNESS THEREOF, CivilTech and Berg*Oliver Associates, Inc. have accepted and executed this proposal for environmental services on this the day of 2012. CIVILTECH By: Authorized Signature BERG#OLIVER ASSOCIATES, INC. By: David Sherrill Director of Permitting and Land Use Please check which tasks you would like Berg #Oliver to perform. Task I (Permit Determination) Q Task H (Natiomvide Permit) Q Task III (Phase I Site Assessment) Q Task IV (Wetland Delineation) E7 BergoOliver Associates, Inc. BOA Pmjecl Number 8472p Junuary 6, 2012 EXHIBIT A-1-3 ATTACHMENT A TASK I PERMIT DETERMINATION SCOPE OF WORK Berg*Oliver will coordinate a request to the United States Army Corps of Engineers (USACE) requesting whether Pre -Construction Notification (PCN) would be required under Nationwide Permit 14 — Linear Transportation Projects. If the proposed plans can show that PCN is required, Berg*Oliver will draft a letter explaining why PCN should not be required. In the event that the USACE determines that PCN is required, Berg#Oliver will begin Task 11 and prepare a PCN permit application. The permit application will not be submitted to the USACE until the client has approved and authorized the submittal to the USACE. TASK H SECTION 404 CLEAN WATER ACT PERMIT PREPARATION AND COORDINATION SCOPE OF WORK Scope of work for the preparation of a Clean Water Act Section 404 Permit and submission to the USACE will follow the criteria set forth in 33 CFR 330 (Nationwide Permit 14 — Linear Transportation Project). A conceptual development plan including profiles must be provided by the client or the client's consulting engineer. Berg#Oliver will utilize these plans to create the required permit submittal drawings in the USACE's preferred format. The USACE may request an alternatives analysis and best management practice information that must be provided to Berg#Oliver from the client or consulting engineer. Berg*Oliver will perform the following under this task: 1. Draft and submit the Nationwide Permit application and support documents to the applicant/client for review prior to submittal to the USACE. (Berg+Oliver must have written approval from the client authorizing Berg*Oliver to submit the permit application to the USACE.) 2. Attend two (2) on -site meetings with USACE, TCEQ, and resource protection agencies. 3. Attend two (2) additional meetings with the USACE in Galveston and/or the TCEQ in Austin. 4. Consult with the client, engineer, and land planner regarding the site development plan and alternatives. 5. Consult with the applicant regarding the Wetland Mitigation Plan and design, if deemed necessary. (If client chooses, Berg*Oliver can prepare the mitigation plan and design under a separate proposal.) 6. Assist the applicant/client in providing the USACE site specific requested information and/or Revised Site Development Plan, if necessary. Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 POTENTIAL ADDITIONAL TASKS TASK III PHASE I SITE ASSESSMENT The Phase 1 Environmental Site Assessment (Phase 1) will be performed in accordance with ASTM standard practice E 1527-2005, Environmental Site Assessments: Phase I Environmental Site Assessments. This practice is intended to permit you to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) liability: that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined in 42 USC'9601 §(35)(B). SITE LOCATION The site location is reported to be for the proposed road improvement project to McCabe Road over Taylor Bayou located east of Hwy 146, in Harris County, Texas. The Client will need to furnish Berg*Oliver with the following items in order to begin the Phase I ESA process: A survey map of the site; Metes and bounds or legal description; and Contact name of the current owner or owner's representative to complete an owner/occupant inquiry. These items should show or describe the exact location of the subject property to be assessed. SCOPE OF WORK The objective of the Phase I is to identify, to the extent feasible under the processes prescribed in ASTM E 1527-2005, the potential for recognized environmental conditions; that is, the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the ground, groundwater, or surface water of the property. The Phase I will have four components, described as follows: Records Review: Obtain and review records that will help identify recognized environmental conditions in connection with the property. Some records will pertain to properties within an additional approximate search distance in order to help assess the likelihood of potential problems from migrating substances. 2. Site Reconnaissance: Visually and physically inspect the property and adjoining properties, to the extent not obstructed by bodies of water, adjacent buildings, or other obstacles, for evidence of hazardous substances or petroleum products. Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 3. Interviews: a) Interview owners and occupants, or their designated representatives, to obtain information regarding current and historical uses of the property that may be related to environmental conditions. b) Conduct inquiries of local agency (e.g. fire department, health department) officials or staff members that may have knowledge or records of environmental conditions or incidents related to the property or the surrounding area. Interviews may in the form of personal contact, telephone contact, or written correspondence. 4. Evaluation and Report Preparation: The information gathered from the previous tasks will be evaluated, and the findings will be presented in a report that describes, at minimum, site and vicinity descriptions, current and past uses of the property and adjoining properties, information from records reviews, information from site reconnaissance and interviews, conclusions and opinions of impacts, if any, of recognized environmental conditions. The report will also describe the methodologies used, and will include appropriate documentation and exhibits of information used to conduct the assessment. Recommendations for further study, if any, will be provided in a separate document. INVESTIGATIVE WORK Phase I investigative work includes, but may not be limited to, four basic tasks which are each comprised of several components. The details of these tasks are set forth below, listing the standard components of each. The ASTM E 1527-2005 standard prescribes a review of reasonably ascertainable information; that is, information that is publicly available, obtainable from its source within reasonable time and cost restraints, and practically reviewable. The availability of information will vary based on the location of a given site. Berg*Oliver will attempt to review as much of the following information as is reasonably ascertainable for this project. Task 1: Records Review Standard Environmental Record Sources Review documented environmental site listings from Federal and State regulatory agency database sources, including the following: Sources Minimum Search Distance I. Federal NPL Facilities/Sites Lists 1.0 Mile Radius 2. Federal NPL-Delisted Sites List 0.5 Mile Radius 3. Federal CERCLIS List 0.5 Mile Radius 4. Federal NFRAP List 0.5 Mile Radius 5. Federal RCRA Contracts List 1.0 Mile Radius 6. Federal RCRA TSD List 0.5 Mile Radius 7. Federal RCRA Generator List Adjoining 8. Federal Finds List 0.5 Mile Radius 9. Federal ERNS List Site Specific 10. State Priority List I Mile Radius Berg*0liver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 1 I. State IOP List 0.5 Mile Radius 12. State SWLF/CLI List 0.5 Mile Radius 13. State CLI List 0.5 Mile Radius 14. State LPST List 0.5 Mile Radius 15. State Registered UST/AST List Adjoining 16. State PST List 0.5 Mile Radius 17. State TCEQ VCP List 0.5 Mile Radius 18. State Brownfield List 0.5 Mile Radius 19. Dry Cleaner List 0.5 Mile Radius 20.IHW List Adjoining 21. Local Hazmat Spills Site Specific Documented regulatory agency sites located within the ASTM prescribed minimum search distance will be identified and plotted on a composite site map. Physical Setting Sources USGS Topographic Map(s) will be reviewed to determine site topography and surface drainage patterns of the site and the surrounding area. Current and past structures, roads, well installations, and other improvements will be evaluated, as well as other pertinent physical features such as streams or water bodies. Federal Emergency Management Agency floodplain map(s) will be evaluated to determine if the subject property lies within a known floodplain. The appropriate Soil Survey from the USDA Natural Resource Conservation Service will be reviewed to determine the site's soil conditions and general surface geology of the area. General descriptions will be made of the subsurface hydrogeology based on information from USGS Groundwater Maps or other sources. Historical Use Information Historical Aerial Photographs will be obtained from aerial photography firms having inventory of the subject area. The photographs will be reviewed to evaluate previous land use characteristics for the property and adjacent parcels. The photographs will also be checked for possible oil and gas exploration activities, surficial anomalies associated with waste ponds or dumps, and previous commercial and/or industrial activities. A Chain of Title will be reviewed from the Harris County Clerk's records to identify site ownership from 1940 forward. The records will be reviewed to evaluate the potential for industrial or environmentally significant land use activities onsite, based on the identities of previous owners. This task will be subcontracted to a title search company. Local City Directories and Sanborn Fire Insurance Maps, if available, will be reviewed for listings of the types of past structures or business operations that may have existed on the property. In addition, Texas Railroad Commission Records will be reviewed to determine if oil and/or gas exploration or production has occurred on the site. This information will be obtained from a Regional Oil and Gas Survey Map prepared by Tobin Research, Inc. Berg*Oliver Associates, Inc. BOA Pmjecl Number 9472p January 6, 2012 EXHIBIT A-1-3 Task 2: Interviews and Agency Inquiries Owner/Occupant Inquiry Inquiries will be made of person(s) who may have knowledge of current or historical conditions associated with the subject property. One or more of the following individuals may be contacted for an interview: 1) Current Owner 2) Owner's Representative 3) Occupants or Tenants 4) Adjacent Property Owners/Occupants. Interviews may be conducted in person, by telephone, or by written correspondence in the form of an Owner/Occupant Questionnaire. Local Agencies and/or Officials Inquiries will be made of local agencies or officials that may have records of environmental conditions or incidents related to the subject property or adjacent properties. Such agencies may include the Local Fire Department, Hazardous Materials Response, City/County Health Department, Local Pollution Control Agency, or others deemed appropriate for the property, its location, or specific conditions. Task 3: Additional Records Sources In the event that site -specific conditions or standard information sources indicate a potential environmental condition(s) associated with the property, other selective files or records may be reviewed for additional information regarding such conditions. This information will be obtained at the discretion of Berg*Oliver based on the findings of the investigation. Other typical sources include specific files from the Texas Railroad Commission, the Texas Commission on Environmental Quality, and the Environmental Protection Agency. Task 4: Site Reconnaissance General Site Settin Site reconnaissance will be conducted to physically and visually inspect the property for indications of environmental conditions. Observations will be made of the Current Site Usage, Adjacent Site Usage, Topography and Landscape, Structures, Roads, Improvements and, to the extent practicable, Potable Water Supply, Sewage Disposal System, and other Utility Installations. Interior and Exterior Observations The property and any buildings or structures will be inspected for visual or physical evidence of hazardous substances or petroleum products. Exterior observations include, but are not limited to, pits, ponds, lagoons, stained soil or pavement, pools of liquid, strong odors, stressed vegetation, solid waste, waste water and associated discharge(s), above or below ground storage tanks, drums or containers, unidentified substances, wells, BergoOliver Associates, Inc. BOA Project Numbcr 8472p January 6, 2012 EXHIBIT A-1-3 or septic systems. If interior inspection is required, observations will include those listed above, if applicable, as well as heating/cooling sources and fuels, stains or corrosion, drains and sumps, storage or treatment areas, and construction materials. Any listed, or non -listed, indicator of hazardous substances or petroleum products will be identified in the findings of the report. TASK IV WETLAND DELINEATION SCOPE OF WORK The objective of the Delineation is to evaluate and document any portion of the site to be classified as a "Jurisdictional Water of the United States" as defined in 33 CFR 328 and subject to USACE jurisdiction. The delineation will be conducted according to the 1987 United States Army Corps of Engineers Wetland Delineation Manual, the December 2008 Rapanos Guidance for Jurisdictional Determination, and the 2009 Atlantic and Gulf Coast Plain Delineation Supplement. The recent guidance and supplemental criteria have altered the primary determining factors for identifying waters of the United States. However, compliance with these criteria requires a significant increase in the documentation and scientific evaluation. Delineation work will consist of the following tasks: Task 1: Review of NRCS Soil Surveys: Task I will include a review of previously published soil data published by the U.S. Department of Agriculture, NRCS, to determine the types of surface soils expected to be confirmed by on -site soil analysis. Task 2: Review of Aerial Photographs: Task 2 will include a review of historical aerial color and black/white photographic enlargements for selected years. Infrared color photographs will be analyzed for the presence of wetland signature color distortions. Information for all photographic interpretation will be compared to locate recurring sites where wetland signatures are present. Task 3: Site Reconnaissance for Wetland Indicators: Task 3 will include inspecting the property under the field procedures outlined in the Corps of Engineers Wetland Delineation Manual — Technical Report Y-87-I, the Rapanos Guidance for Jurisdictional Determination (December 2008). and the 2009 Atlantic and Gulf Coast Plain Delineation Supplement. Transects are required for tracts greater than 5 acres in size, unless negotiated with the USACE to forego transects based on the homogeneous landscape and habitat type. If necessary, transects will be performed across the property, perpendicular to the nearest watercourse. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation species will be recorded within a thirty (30) foot radius of each sample area. Upland vegetation will also be verified, for it is as significant as wetland vegetation in the determination process. Inspection of the property for evidence or lack of wetland hydrology and surface connection to permanent or semi- permanent water bodies and/or navigable waters per the December 2008 Rapanos Guidance for Jurisdictional Determination will be performed at each sample area. Soil samples will be evaluated at each test site for their hydric and non-hydric characteristics. Non-hydric soils Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 verify upland status and are as significant as hydric soils in the determination process. The eight (8) page Jurisdictional Determination/Significant Nexus evaluation will be performed for all areas determined to be adjacent, per the December 2008 guidance. Task 4: Demarcation of Wetland Areas: Task 4 will include the flagging of the jurisdictional wetland areas and/or the ordinary high water mark for location by GPS. Location of the areas by GPS survey using the USACE October 2003 Standard Operating Procedures is required for USACE verification/permitting and is recommended for project planning. Task 5: Preparation Of a Map Representing Wetland Area: Upon receipt of the GPS wetland areas and the limits of the Jurisdictional Waters, information regarding the field location of the boundaries of all Section 10 and 404 waters/wetland limits within the property boundaries will be plotted on a scaled map. Each Jurisdictional area will be depicted with the following information: (1) size and shape; (2) surface area calculation (acres); and (3) combined total wetland and Jurisdictional Water area calculations for the entire subject tract. The final report submitted to the client from Berg •Oliver will reflect the surveyed data from the GPS survey showing the location of the wetlands. Task 6: Report Preparation: Task 6 will include the preparation of a final report. Upon completion of the site reconnaissance, data translation, and map preparation, a report will be completed, two copies of which will be given to the client. The report will include a discussion of methodology used to delineate the tract, site findings, copies of all historical information reviewed, such as USGS topographical maps, NRCS soil survey maps, aerial photographs, site photographs, USACE routine data sheets, and a wetland delineation map. Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 ATTACHMENT B BERG • OLWER ASSOCIATES, INC. Environmental Science, Engineering & Land Use Consultants 14701 St. Mary's Lane, Suite 400, Houston, Texas 77079 s� (281) 589-0898 fax: (281) 589-0007 Houston 0 DallastFon Worth 0 WDBEIHUB 0 www.beraoliver.com 2012 PERSONNEL RATE SCHEDULE Personnel Hourly Billine Rate Project Director/Principal $165.00 Senior Associate $140.00 Professional Engineer $140.00 Project Manager/Registered Environmental Manager $125.00 Professional Geologist $115.00 Health/Safety Officer/Chemist $115.00 Project Coordinator $110.00 Wetlands Biologist/Ecologist $105.00 Soil Scientist/Geologist $105.00 Senior GIS Analyst $100.00 GIS Analyst $90.00 Field Technician $80.00 In -House Technician/Administrator $75.00 CADD Sr. Analyst $80.00 CADD Analyst $70.00 Administrative/Word Processing $65.00 Specialist Subcontractors Cost+ 15% Above rates include all normal expenses of BOA's business, including mailing charges, in-house photocopying, long distance telephone costs, in-house graphic systems, and local area travel, unless otherwise stated in the agreement. Expenses, such as travel beyond fifty (50) miles, outside photocopying, delivery charges, photographic reproduction, and other outside services, are considered reimbursable by the client at rate of cost +15%. Any extraordinary reimbursable expenses, in excess of $250.00 must have authorization from the client. BergoOliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 NOTE: The rate schedule is for the current fiscal year, with an effective date of January I. Hourly rates are adjusted annually as inflation dictates. If this contract spans more than one fiscal year (ending December 31), houdy rates may be adjusted. Regardless of any rate adjustment, the "not to exceed" figures in a contract will not change. ATTACHMENT C GENERAL CONDMONS FOR SERVICES These General Conditions are a pan of each agrxrnent between Berg*Oliver Associates, Inc. and its client for the performance of services. Barg*Oliver Associates, Inc. is identified as 'BOA". The party for whom the services are perforated is identified as "Client", and the written agreement between the parties, including these General Conditions, is catled "this Agreement". Article 1: Services by BOA 1.1 Scope of services standard of care. BOA will perform the scope of services expressly described in this Agreement, after it is signed by both parties. The services performed by BOA will be conducted in a manner consistent with the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same locale acting under similar circumstances and conditions. 1.2 Restoration. BOA will exercise reasonable care to minimize damage to the site. However, Client acknowledges that some damage may occur in the normal course of performing the services, even if due care is exercised, and agrees that BOA will not be liable for such damage and will be entitled to additional compensation if it is asked to perform restoration services not expressly included in the scope of services. 1.3 Reports and Investigations. If BOA's performance of the services includes assessment, identification, or testing services, the number of investigations and observations BOA makes, the number of samples it collects, or the number of tests it performs are necessarily limited by budgetary and time constraints, and observations and samples by their specific locational nature may not exactly represent similar samples or observations in the immediate vicinity. BOA does not guarantee that all violations, problems, or sources of possible environmental condition will be identified, that all contaminants or environmental condition will be detected/identified, or that requirements, standards, or conditions will not change over time. Any report issued by BOA will set forth its findings and conclusions based on the limited information available from the observations, investigations, sampling, and/or testing conducted under this Agreement. In preparing its report, BOA may review and interpret information provided by Client, third parties, and regulatory agencies and will be entitled to rely on the accuracy of such information, including laboratory results, without performing an independent verification. BOA may include in its report a Statement of Limitations describing the limitations of its investigations and findings and indicating that the report is for Client's use only and will not be relied upon by any third party, except as expressly agreed in writing by BOA, and then only at such third party's own risk. 1.4 Documents. All reports and documents prepared and deliverable to Client pursuant to this Agreement will become Client's property upon full payment to BOA. BOA may retain file copies of such deliverables. All other reports, notes, calculations, data, drawings, estimates, specifications, and other documents and computerized materials prepared by BOA are instruments of BOA's services and will remain BOA's property. All deliverables provided to Client are for Client's use only for the purposes disclosed to BOA, and Client will not transfer them to others or use them or permit them to be used for any extension of the services or any other project or purpose, without BOA's express written consent. 1.5 Services not included. Unless expressly included in the scope of services, BOA's services will not include the following: (a) the detection, removal, treatment, transportation, disposal, monitoring, or remediation of any contamination of soil or groundwater at the site by petroleum or petroleum products (collectively called "oil") or hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other federal, state, or local environmental laws, regulations, statutes, rules, standards, or ordinances (collectively called "Hazardous Materials"); (b) mechanical compaction of backfill; (c) dewatering before installation or filling tanks with liquid or ballast following installation; (d) pump -out or disposal of product, water, or other contents from existing tanks; (e) installation of anchor systems, foundations, shoring, or other support devices; (f) concrete, blacktop, water, sewer, electricity, or other outside services; (g) the removal of any soil or water; (h) installation of protective fencing or other structure; or (i) construction or monitoring. BOA will be entitled to additional compensation if it is asked to perform or provide such services listed above. BOA will not be responsible for damage to or imperfections in any concrete slabs it installs unless they are protected by Client from traffic for seven days. 1.6 Estimates. Any estimates of probable construction or implementation costs, financial evaluations, feasibility studies, or economic analyses prepared by BOA will represent its best judgment based on its experience and available information. However, Client recognizes that BOA has no control over costs of labor, materials, equipment, or services Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 furnished by others or over market conditions or contractors' methods of determining prices. Accordingly, BOA does not guarantee that proposals, bids, or actual costs will not vary from opinions, evaluations, or studies submitted by BOA. 1.7 Other Contractors. Except to the extent expressly agreed in writing, BOA will not have any duty or authority to direct, supervise, or oversee any contractors of Client or their work or to provide the means, methods, or sequence of their work or to stop their work. BOA's services and/or presence at a site will not relieve others of their responsibility to Client or to others. BOA will not be liable for the failure of Client's contractors or others to fulfill their responsibilities, and Client agrees to indemnify, hold harmless, and defend BOA against any claims arising out of such failures. 1.8 Litigation support. BOA will not be obligated to provide expert witness or other litigation support related to its services, unless expressly agreed in writing. In the event BOA is required to respond to a subpoena, government inquiry, or other legal process related to the services in connection with a proceeding to which it is not a party, Client will reimburse BOA for its costs and compensate BOA at its then standard rates for the time it incurs in gathering information and documents and attending depositions, hearings, and the like. 1.9 Warranty. If manufactured products are purchased by BOA and furnished to Client or incorporated into the work, BOA will assign to Client any warranties provided by the manufacturer, to the extent they are assignable, and Client's sole resource will be against the manufacturer. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Full risk of loss of materials and equipment furnished by BOA will pass to Client upon their delivery to Client's premises, and Client will be responsible for protecting them against theft and damage. However, until BOA is paid in full, it will retain title for security purposes only and the right to repossess the materials and equipment. Article 2: Responsibilities of Client 2.1 Client requirements. Client, to the best of its ability, without cost to BOA, will: (a) Designate to BOA a person to act as Client's representative; (b) Provide or arrange for access and make all provisions for BOA to enter any site where services are to be performed; (c) Furnish BOA with all reasonably available information pertinent to the services; (d) Furnish BOA with a legal description of the site and all available surveys, site plans, and relevant information about site conditions, topography, boundaries, easements, zoning, land use restrictions, and right-of-ways, if available and as needed; (e) Furnish BOA with all approvals, permits, and consents required for performance of the services except for those BOA has expressly agreed in writing to obtain; (f) Notify BOA promptly of all known or suspected Hazardous Materials at the site, of any contamination of the site by Oil or Hazardous Material, and of any OTHER CONDITIONS REQUIRING SPECIAL CARE, and provide BOA with any available documents describing the quantity, nature, location, and extent of such materials, contamination, or conditions; (g) Comply with all laws and provide any notices required to be given to any government authorities in connection with the services, except for such notices BOA has expressly agreed in writing to give; (h) Before commencement of any drilling or excavation at a site, furnish BOA with a complete description (to the best of their ability) of all underground objects and structures at the site, including, but not limited to, wells, tanks, and utilities; and indemnify, hold harmless, and defend BOA against claims arising out of damages to underground objects or structures not properly defined; (i) Provide BOA with information concerning prior owners of the site and any current or historical uses of or activities on the site by Client, prior owners, or others, as needed; (j) Furnish to BOA any known contingency plans related to the site; (k) Furnish to BOA any previous environmental audits and/or assessments related to the site. 2.2 Hazards. Client represents and warrants that it does not have any knowledge of Hazardous Materials or Oil, or unusually hazardous conditions at the site or of contamination of the site by Oil or Hazardous Materials except as expressly disclosed to BOA in writing. 23 Confidentiality. Client acknowledges that the technical and pricing information contained in this Agreement is confidential and proprietary to BOA and agrees not to disclose it or otherwise make it available to others without BOA's express written consent. BergoOliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 2.4 Health and safety. Client acknowledges that it is now and will at all times remain in control of the project site. Except as expressly provided herein, BOA will not be responsible for the adequacy of the health or safety programs or precautions related to Client's activities or operations, Client's other contractors, the work of any other person or entity, or Client's site conditions. BOA will not be responsible for inspecting, observing, reporting, or correcting health or safety conditions or deficiencies of Client or others at Client's site. So as not to discourage BOA from voluntarily addressing health or safety issues while at Client's site, in the event BOA does address such issues by making observations, reports, suggestions, or otherwise, BOA will nevertheless have no liability or responsibility arising on account thereof. Client agrees to indemnify, hold harmless, and defend BOA to the fullest extent permitted by law against any and all claims arising out of such programs, activities, conditions, or deficiencies unless BOA is responsible for gross negligence with regard to its work. Article 3: Changes; Delays; Excused Performance 3.1 Changes. Unless this Agreement expressly provides otherwise, BOA's proposed compensation represents its best estimate of the costs, effort, and time it expects to expend in performing the services based on its reasonable assumption of the conditions and circumstances under which the services will be performed including, but not limited to, those stated in Section 3.2. As the services are performed, conditions may change or circumstances outside BOA's reasonable control (including changes of law or regulatory policy) may develop that would require BOA to expend additional costs, effort, or time to complete the services, in which case BOA will notify Client, and an equitable adjustment will be made to BOA's compensation. In the event conditions or circumstances require the services to be suspended or terminated, BOA will be compensated for services previously performed and for costs reasonably incurred in connection with the suspension or termination. 3.2 Assumptions. Unless specified in writing, BOA's compensation is based on the assumption that: (a) there is no impact spoil or excavation of natural resources on or adjacent to the site that has not been disclosed to BOA by the client; (b) there is no contamination of soil or groundwater at the site by Oil or Hazardous Materials that has not been disclosed to BOA by Client, (c) BOA will not encounter any underground structures, utilities, boulders, rock, water, running sand, or other unanticipated conditions in the course of drilling or excavation; (d) tank installations will not require dewatering by BOA; and (e) if BOA's scope of services includes services related to petroleum facilities or storage tanks, groundwater will not cause tanks to Float or require the use of Ballast. BOA will be compensated for any additional efforts expended or costs incurred in addressing such conditions. 3.3 Force majeure. BOA will not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or omission of Client or its contractors, failure of Client or any government authority to timely review or to approve the services or to grant permits or approvals, or any other cause beyond BOA's reasonable control. In the event of such delay or failure, the time for performance will be extended by a period equal to the time lost plus a reasonable recovery period, and the compensation will be equitably adjusted to compensate for any additional costs BOA incurs due to any such delay. 3.4 Disputes. If any claim or dispute arises out of this Agreement or its performance, the parties agree to endeavor in good faith to resolve it equitably through negotiation or, if that fails, through nonbinding mediation under the rules of the American Arbitration Association, before having recourse to the courts. However, prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitation, and BOA may pursue any property liens or other rights it may have to obtain security for the payment of its invoice. Article 4: Compensation 4.1 Rates. Unless otherwise agreed in writing, BOA will be compensated for its services at its standard rates and will be reimbursed for costs and expenses (plus reasonable profit and overhead) incurred in its performance of the services. 4.2 Invoices. BOA may invoice Client on a monthly or other progress billing basis. Invoices are due and payable upon receipt by Client. On amounts not paid within 30 days of invoice date, Client will pay interest from invoice date until payment is received at the lesser of 1.5% per month or the maximum rate allowed by law. If Client disagrees with any portion of an invoice, it will notify BOA in writing of the amount in dispute and the reason for its disagreement within 21 days of receipt of the invoice, and will pay the portion not in dispute. 43 Suspension, etc. BOA may suspend or terminate the services at any time if payment is not received when due and will be entitled to compensation for the services previously performed and for costs reasonably incurred in connection with the suspension or termination. Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 4.4 Collection. Client will reimburse BOA for BOA's costs and expenses (including reasonable attorneys' and witnesses' fees) incurred for collection under this Agreement. 4.5 Taxes, etc. Except to the extent expressly agreed in writing, BOA's fees do not include any taxes, excises, fees, duties, or other government charges related to the goods or services provided under this Agreement, and Client will pay such amounts or reimburse BOA for any amounts it pays. If Client claims that any goods or services are subject to a tax exemption or direct payment permit, it will provide BOA with a valid exemption or permit certificate and indemnify, defend, and hold BOA harmless from any taxes, costs, and penalties arising out of the use or acceptance of same. Article 5: Insurance and Allocation of Risk 5.1 Insurance. During the performance of the services, BOA will maintain the following insurance: Workers' Compensation Statutory limits Employers' Liability $1,000,000 each accident Commercial General $1,000,000 per occurrence & aggregate Automobile Liability $1,000,000 per occurrence & aggregate Professional Liability $1,000,000 per claim & aggregate Insurance certificates will be furnished upon request. 5.2 Client indemnification. For separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Client agrees to indemnify, hold harmless, and defend BOA from and against any and all liabilities, demands, claims, fines, penalties, damages, forfeitures, and suits, together with reasonable attorneys' and witness' fees and other cost and expenses of defense and settlement, which BOA may incur, become responsible for, or pay out as a result of death or bodily injury or threat thereof to any person, destruction, or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any damages claimed by third parties (collectively, "Damages") to the extent arising in whole or in part out of Client's violation of law or breach of this Agreement or out of the negligence or willful misconduct of Client, its other contractors, agents, suppliers, or employees. 5.3 BOA indemnification. For separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and subject to the limitations set forth in paragraph 5.4, BOA agrees to indemnify, hold harmless, and defend Client from and against any and all liabilities, demands, claims, fines, penalties, damages, forfeitures and suits, together with reasonable attorneys' and witness' fees and other costs and expenses of defense and settlement, which Client may incur, become responsible for or pay out as a result of death or bodily injury or threat thereof to any person, destruction or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any damages claimed by third parties (collectively, "Damages") to the extent arising in whole or in part out of BOA's violation of law or breach of this Agreement or out of the negligence or willful misconduct of BOA, its other contractors, agents, suppliers, or employees. 5.4 Limitation of liability. BOA's aggregate liability for any and all claims arising out of this Agreement or out of any goods or services furnished under this Agreement, whether based in contract, negligence, strict liability, agency, warranty, tort, trespass, or any other theory of liability, will be limited to $10,000 or the total compensation received by BOA from Client under this Agreement, whichever is the lesser. In no event will BOA be liable for special, indirect, incidental, or consequential damages, including commercial loss, loss of use, or lost profits, however caused, even if BOA has been advised of the possibility of such damages. Any claim will be deemed waived unless made by Client in writing and received by BOA within one year after completion of the services with respect to which the claim is made. 5.5 Employee injury. Client agrees not to impede or to bring an action against BOA based on any claim or personal injury or death occurring in the course or scope of the injured or deceased person's employment with BOA and related to the services performed under this Agreement. 5.6 Defense. Any defense of BOA required to be provided by Client under this Agreement will be with counsel selected by BOA and reasonably acceptable to Client. Article 6: Hazardous Materials Provisions 6.1 Hazardous Materials. Except to the extent expressly agreed in writing, BOA's services do not include directly or indirectly performing or arranging for the detection, monitoring, handling, storage, removal, transportation, disposal, or treatment of petroleum or petroleum products (collectively called "Oil") or of any hazardous, toxic, Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 radioactive, or infectious substances, including any substances regulated under RCRA or any other federal or state environmental laws (collectively called "Hazardous Materials"). The discovery or reasonable suspicion of Hazardous Materials or hazardous conditions at a site where BOA is to perform services or of contamination of the site by Oil or Hazardous Materials not previously disclosed to BOA in writing will entitle BOA to suspend its services immediately, subject to mutual. agreement of terns and conditions applicable to any further services, or to terminate its services and to be paid for services previously performed. In no event will BOA be required or construed to take title, ownership, or responsibility for such Oil or Hazardous Materials. 6.2 Manifests. In the event that the scope of services includes the remediation of any Oil or Hazardous Materials, before BOA removes from a site any Oil or Hazardous Materials, Client will sign any required waste manifests in conformance with all DOT and other government regulations, listing Client as the generator of the waste. If someone other than Client is the generator of the waste, Client will arrange for such other person to sign such manifests. BOA will not directly or indirectly assume title to or own or be deemed to possess any materials handled or removed form any site, including Oil or Hazardous Materials. Nothing in this Agreement will be construed to make BOA a "generator" as defined in RCRA or any similar laws governing the treatment, storage, or disposal of waste. Except to the extent BOA's responsibilities expressly include identification of the waste, Client will provide waste material profiles, which accurately characterize the waste. If the services include transportation of Hazardous Materials or Oil, BOA may evaluate and recommend possible disposal sites for Client's use. However, under RCRA and CERCLA, the client, as generator, has ultimate responsibility for selection of the disposal site. Client acknowledges and agrees that it will evaluate and select the proper disposal site and be solely responsible therefore. 63 Hazardous Materials indemnification. Client acknowledges that BOA does not have any responsibility for preexisting Oil and Hazardous Materials at the site, any resultant contamination there from, or, except as expressly agreed in writing, for previous detection, monitoring, handling, storage, transportation, disposal, or treatment, that BOA's compensation is not commensurate with the unusually high risks associated with such materials, and that insurance is not reasonably available to protect against such risks. Therefore, for separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and in addition to the indemnification provided in Section 5.2, Client agrees to indemnify, hold harmless, and defend BOA against all damages arising out of or related to Oil or Hazardous Materials located at or removed from the site, including damages such as the cost of response or remediation arising out of application of common law or statues such as CERCLA or other "Superfund" laws imposing strict liability. Article 7: Miscellaneous Provisions 7.1 Confidential information. Although BOA generally will not disclose without Client's consent information provided by Client or developed by BOA in the course of its services and designated by Client as confidential (but not including information which is publicly available, is already in BOA's possession, or obtained form third parties), BOA will not be liable for disclosing such information if it in good faith believes such disclosure is required by law or is necessary to protect The safety, health, property, or welfare of human beings. BOA will advise Client (in advance, except in emergency) of any such disclosure. 7.2 Notices. Notices between the parties will be in writing and will be hand delivered or sent by certified mail or acknowledged telefax properly addressed to the appropriate party. 73 Assignment, etc. Neither the Client nor BOA will assign or transfer any rights or obligations under this Agreement, except that BOA may assign this Agreement to its affiliates and may use subcontractors in the performance of its services. Nothing contained in this Agreement will be construed to give any rights or benefits to anyone other that the Client and BOA, without the express written consent of both parties. The relationship between Client and BOA is that of independent contracting parties, and nothing in this agreement or the parties' conduct will be construed to create a relationship of agency, partnership, orjoint venture. 7.4 Governing law and Headings. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. The headings in this Agreement are for convenience only and are not a pan of the agreement between the parties. 7.5 Entire agreement. This Agreement supersedes all prior agreements and, together with any work release document issued under this Agreement and signed by both parties, constitutes the entire agreement between the parties. Any amendments to this Agreement will be in writing and signed by both parties. In no event will the printed terns on any purchase order, work order, or other document provided by Client modify or amend this Agreement, even if it is signed by BOA, unless BOA signs a written statement expressly indicating that such terms supersede the terms of this Agreement. In the event of an inconsistency between these General Conditions and any other writings, which comprise this Agreement, the other writings will take precedence. Bergo0liver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-3 7.6 Survival. All obligations arising prior to this Agreement and all provisions of this Agreement allocating responsibility or liability between the parties will survive the completion of the services and the termination of this Agreement. Berg*Oliver Associates, Inc. BOA Project Number 8472p January 6, 2012 EXHIBIT A-1-4 Scope of Work Hydrologic and Hydraulic Impact Analysis McCabe Road Culvert Replacement & Detention Mitigation Pond CivilTech Engineering, Inc. A hydrologic and hydraulic analysis will be performed to examine the impacts of the proposed culvert replacement at McCabe Road on the flood flows and water surface elevations downstream along Taylor Bayou, HCFC Unit A104-00-00. If warranted, a mitigation analysis will be performed to determine the necessary detention and alternative sites for the Project. The hydrologic and hydraulic models developed for Taylor Bayou, HCFC Unit A304-00-00, will serve as the base condition models in this study. Scope of Work This scope of work includes the following tasks: Task 1— Hydrologic Analysis The HEC-HMS model for Taylor Bayou watershed will be used as the existing condition model. The proposed condition model (post -project hydrology) will update the storage -outflow data for the proposed culvert replacement at McCabe Road. Peak flows and runoff hydrographs will be computed for the 10%, 2%, and 1% exceedance probability events. Peak flow impacts will be determined for existing and proposed conditions at hydrologic points identified for the Taylor Bayou watershed. Task 2 — Hydraulic Analysis The HEC-RAS model for Taylor Bayou, HCFC Unit A104-00-00, will be used as the existing condition model. The proposed condition model (post -project hydraulics) will include the proposed culvert replacement at McCabe Road. Hydraulic profiles will be computed for the 10%, 2% and 1% exceedance probability event flows. Water surface impacts will be determined for existing and proposed conditions along Taylor Bayou, HCFC Unit A104-00-00. Task 3 — Mitigation Analysis A mitigation analysis will be performed to determine the detention volume required to eliminate any adverse impact to the peak flows and water surface elevations along Taylor Bayou with the proposed culvert replacement. An unsteady state hydraulic model will be developed to hydraulically size off -channel (side -weir) detention alternatives. Alternative detention site locations will be evaluated to determine the most hydraulically efficient basin locations along Taylor Bayou. A preliminary schematic of the proposed mitigation basin and control structure will be prepared for the detention alternatives. Task 4—Technical Report A technical report will be prepared to document the technical findings and recommendations for the proposed culvert replacement and the detention mitigation alternatives. The technical report will be signed and signed by a Licensed Professional Engineer in the State of Texas. civilTech Page 1 of 2 UtIneerina, Inc. Compensation Compensation will be based on a lump sum as listed below: Task 1— Hydrologic Analysis $3,600.00 Task 2— Hydraulic Analysis $2,500.00 Task 3 - Mitigation Analysis $15,000.00 Task 4 — Technical Report $2,400.00 Total Cost $23,500.00 Schedule The technical analysis and report will be completed within four (4) weeks. Civiffech Engineering, Inc. EXHIBIT A-1-4 Page 2 of 2 McCabe Road Culvert Replacement at Taylor Bayou Clvirrech Engineering, Inc HCFC Unit A104-00-00 Job Number 320001.00 City of la Porte, Texas January 9, 2012 Exhibit A-2 Project Schedule Scheduled Completion Calendar Da Basic Services Preliminary Engineering 84 Dan AfterPhese I Notice To Proceed Preliminary Imestigatlons and Date Collection 3S days after Phase 1 Notice To Proceed Alternatives Analysis 7 days after Preliminary Imenigation and Data Collection Draft Preliminary Engineering Report 14 days after Alternatives Analysis City of La Porte Review 21 days after submittal of Draft PER Final Preliminary Engineering Report 7 days after City of La Pone review Final Design 116 Dan Aker Phese II Notke To Proceed Submit 75%Plans 60 days after Phase II Notice to Proceed City of La Porte Review 14 days after submittal of 75%plans Submit 95%Plans and Project Manual 21 days after City of la Porte review City of La Porte Review 14 days after submittal of 95%plans Submit Old Documents I Plans and Project Manual 7 days after City of La Porte review Construction Phase 180 Dan Aker Phase 11 Notice To Proceed „ Advertise 30 days after Phase 11 Notice to Proceed Pre -Bid Conference 30 days after Phase II Notice to Proceed Pre -Construction Conference 60 days after Pre -Bid Conference Construction 120 days after Pre-Construchon Meeting Additional Services Surveying Services Culvert Topographic Survey 14 days after Phase I Notice to Proceed Mitigation Pond Survey 21 days after Phase II Notice to Proceed Hydrologic and Hydraulic Analysis (Impacts and Mitigation) 30 days after Phase I Notice to Proceed Environmental Services and Permitting Nationwide 14 Needs Assessment 30 days after Phase I Notice to Proceed Nationwide 14 Permit Application 45 days after Permit Application Notice to Proceed Mitigation Pond - ESA Phase 1 45 days after ESA Phase I Notice to Proceed Geotechnical Exploration 45 days after Phase II Notice to Proceed abe Road Culvert Replacement at Taylor Bayou, HCFC Unit A104-00-00 of to Porte, Texas Basic and Additional Design services - Preliminary, Final & Construction Phases Man -Hour & Fee Breakdown Estimate cf nech ftMewft lob � 32M January 9, W. 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R .0 .0, 0 .0 A. .2 � IZ3 IkM.W_ CMITCIYI r.�•N. t PLL.1013 Preliminary Construction Cost Estimate McCabe Road Culvert Replacement At Taylor Bayou, HCFC Unit A104-00-00 City of La Porte, Texas Item No. Description Unit Unit Price Quantity Total Culvert Replacement 1 Mobilization LS $ 18,000.00 1 $ 18,000.00 2 Prepare ROW AC $ 1,500.00 1 $ 1,500.00 3 Remove Existing Pavement and Base SY $ 15.00 90 $ 1,350.00 4 Remove Existing Sidewalk SY $ 12.00 30 $ 360.00 5 Remove 72" RCP LF $ 15.00 180 $ 2,700.00 6 Remove Existing Concrete Headwall EA $ 1,500.00 1 $ 1,500.00 7 Remove Existing Ditch Interceptor Structures EA $ 450.00 2 $ 900.00 8 Remove Existing 30" RCP LF $ 10.00 86 $ 860.00 9 Water Removal/Pumping LS $ 2,500.00 1 $ 2,500.00 10 30" RCP LF $ 55.00 160 $ 8,800.00 11 10'x8' RCB LF $ 425.00 200 $ 85,000.00 12 Ditch Interceptor Structure EA $ 1,500.00 4 $ 6,000.00 13 Structural Excavation CY $ 10.00 850 $ 8,500.00 14 Concrete Headwall CY $ 650.00 12 $ 7,800.00 15 Water Line Adjustment EA $ 9,000.00 1 $ 9,000.00 16 Sidewalk 4" Thk x 8' Wide SY $ 37.00 30 $ 1,110.00 17 Lime Stabilized Subgrade SY $ 5.00 90 $ 450.00 18 Lime TON $ 200.00 1 $ 200.00 19 HMAC Base TON $ 65.00 50 $ 3,250.00 20 HMAC - 3" TON $ 95.00 15 $ 1,425.00 21 Pavement Markings LF $ 1.50 210 $ 315.00 22 Temp. Pavement TON $ 65.00 120 $ 7,800.00 23 Traffic Control LS $ 10,000.00 1 $ 10,000.00 24 SWPPP LS $ 5,000.00 1 $ 5,000.00 Subtotal - Culvert Replacement $ 184,320.00 Detention Pond (23 Acre -Feet Basin) 25 Clearing and Grubbing AC $ 5,000.00 4 $ 20,000.00 26 Hydromulch Seeding AC $ 1,300.00 4 $ 5,200.00 27 Block Sodding SY $ 3.00 550 $ 1,650.00 28 24" CMP LF $ 45.00 120 $ 5,400.00 29 30" CMP LF $ 50.00 100 $ 5,000.00 30 Backslope Swale Interceptor Structure EA $ 1,500.00 4 $ 6,000.00 31 Pond Excavation CY $ 7.50 37,110 $ 278,325.00 32 Concrete Headwall CY $ 650.00 6 $ 3,900.00 33 Concrete Side Weir (6-inch) SY $ 30.00 710 $ 21,300.00 34 Stone Riprap SY $ 31.00 20 $ 620.00 35 8" Crushed Concrete Maintenance Berm SY $ 15.00 750 $ 11,250.00 36 SWPPP LS $ 5,000.00 1 $ 5,000.00 Subtotal - Detention Pond $ 363,645.00 Subtotal Construction $ 547,965.00 1S% Contingency $ 82,19S.00 Total Construction $ 630,160.00 civiffech Engineering, Ina 1 Preliminary Construction Cost Estimate McCabe Road Culvert Replacement At Taylor Bayou, HCFC Unit A104-O -00 City of La Porte, Texas Item No. Description Unit Unit Price Quantity Total Culvert Replacement 1 Mobilization LS $ 18,000.00 1 $ 18,000.00 2 Prepare ROW AC $ 1,500.00 1 $ 1,500.00 3 Remove Existing Pavement and Base SY $ 15.00 90 $ 1,350.00 4 Remove Existing Sidewalk SY $ 12.00 30 $ 360.00 5 Remove 72" RCP LF $ 15.00 180 $ 2,700.00 6 Remove Existing Concrete Headwall EA $ 1,500.00 1 $ 1,500.00 7 Remove Existing Ditch Interceptor Structures EA $ 450.00 2 $ 900.00 8 Remove Existing 30" RCP LF $ 10.00 86 $ 860.00 9 Water Removal/Pumping LS $ 2,500.00 1 $ 2,500.00 10 30" RCP LF $ 55.00 160 $ 8,800.00 11 10'x8' RCB LF $ 425.00 200 $ 85,000.00 12 Ditch Interceptor Structure EA $ 1,500.00 4 $ 6,000.00 13 Structural Excavation CY $ 10.00 850 $ 8,500.00 14 Concrete Headwall CY $ 650.00 12 $ 7,800.00 15 Water Line Adjustment EA $ 9,000.00 1 $ 9,000.00 16 Sidewalk 4" Thk x 8' Wide SY $ 37.00 30 $ 1,110.00 17 Lime Stabilized Subgrade SY $ 5.00 90 $ 450.00 18 Lime TON $ 200.00 1 $ 200.D0 19 HMAC Base TON $ 65.00 50 $ 3,250.00 20 HMAC - 3" TON $ 95.00 15 $ 1,425.00 21 Pavement Markings LF $ 1.50 250 $ 375.00 22 Temp. Pavement TON $ 65.00 120 $ 7,800.00 23 Traffic Control LS $ 10,000.00 1 $ 10,000.00 24 SWPPP LS $ 5,000.00 1 $ 5,000.00 Subtotal - Culvert Replacement $ 184,380.00 Detention Pond (23 Acre -Feet Basin) 25 Clearing and Grubbing AC $ 5,000.00 4 $ 20,000.00 26 Hydromulch Seeding AC $ 1,300.00 4 $ 5,200.00 27 Block Sodding SY $ 3.00 450 $ 1,350.00 28 24" CMP LF $ 45.00 120 $ S,400.00 29 30" CMP LF $ 50.00 100 $ 5,000.00 30 Backslope Swale Interceptor Structure EA $ 1,500.00 4 $ 6,000.00 31 Pond Excavation CY $ 7.50 37,110 $ 278,325.00 32 Concrete Headwall CY $ 650.00 6 $ 3,900.00 33 Concrete Side Weir (6-inch) SY $ 30.00 710 $ 21,300.00 34 Stone Riprap SY $ 31.00 20 $ 620.00 35 8" Crushed Concrete Maintenance Berm SY $ 15.00 556 $ 8,340.00 36 SWPPP LS $ 5,000.00 1 $ 5,000.00 Subtotal - Detention Pond $ 360,435.00 Subtotal Construction $ 544,825.00 15%Contingency $ 81,722.25 Total Construction $ 626,537.25 C lAffech Engineering, Inc. 1 � 1 Garza, Julian From: Melvin G. Spinks (mgspinks@civiltecheng.com] Sent: Monday, January 09, 2012 2:59 PM To: Garza, Julian Subject: McCabe Road Culvert Replacement Julian, Here's an introduction from our scope of work you may want to use. CivilTech Engineering, Inc. entered into an Agreement for Professional Engineering Services with the City of La Porte, Texas on September 13, 2011, to perform a hydrologic and hydraulic evaluation of the proposed channel improvements along Taylor Bayou, HCFC Unit A104-00-00. The proposed channel improvements were recommended in the comprehensive drainage study entitled CY of to Porte City Wide Drainage Study (CWDS) dated January 2009 to alleviate structural flooding of homes in the Shady River Subdivision. CivilTech Engineering, Inc. issued a technical memorandum on December 13, 2011 to present the technical findings for the hydrologic and hydraulic analysis performed for Taylor Bayou, HCFC Unit A104-00-00, and its tributary, HCFC Unit A104-12-00. The technical analysis determined that the 30-, 50- and 100-year water surface elevations (riverine conditions only) along Taylor Bayou, HCFC Unit A104-00-00, and along HCFC Unit A104-12-01 do not result in structural flooding of homes in the Shady River Subdivision. Historical structural flooding in the subdivision has been likely caused from coastal storm surge flood elevations in Galveston Bay during tropical storms or hurricanes. The hydrologic and hydraulic analysis did identify a significant flow restriction at the existing cross drainage culverts (2-72-inch RCPs) at McCabe Road and Taylor Bayou, HCFC Unit A104-00-00. The existing cross culverts increase the 100-year water surface elevations along Taylor Bayou by approximately 4.8 feet. This restriction would affect outfall drainage into Taylor Bayou from residential and commercial developments between McCabe Road and State Highway 146. It is recommended that the existing cross drainage structures be upsized to adequately convey a 100-year storm event. It is also recommended that a hydrologic and hydraulic analysis be performed to examine if detention mitigation will be required with the proposed culvert replacement. Detention mitigation is typically required if adverse impacts are caused to downstream flood flows and flood levels with a proposed improvement along an existing channel. The scope of work includes the necessary engineering analysis and preparation of construction plans, specifications, and estimates for the replacement of the existing dual 72-inch RCP at McCabe Road and Taylor Bayou, HCFC Unit A104-00-00. This scope of work includes the basic and additional services required for the Project. We are forwarding to you via overnight delivery 13 hard copies of the technical memorandum and a CD with the electronic PDF. I will be emailing you our complete design package by end of day or first thing in the morning. Thank you. Civi ITec: o Engineering, Inc. CMl Engineering water Resources Transportation structures Economic Aneysis TECHNICAL MEMORANDUM TO: Julian Garza, P.E., City of La Porte CC: Melvin Spinks, P.E., CivilTech Engineering, Inc. FROM: Ashish Waghray, P.E., CivilTech Engineering, Inc. DATE: December 13, 2011 ASHISH WAGHRAY,� %M. 105201��� �I1 S,OCNA!l- RE: Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas This technical memorandum presents the study findings for hydrologic and hydraulic analysis performed for Taylor Bayou, HCFC Unit A104-00-00, and its tributary HCFC Unit A104-12-01. The hydrologic and hydraulic analysis was performed for the 10-, 50-, 100- and 500-year storm events associated with rainfall over the Taylor Bayou watershed. The study results are presented to determine whether the recommended drainage improvements along HCFC Unit A104-00-00 as identified in the City of La Porte City -Wide Drainage Study would eliminate out -of -bank flooding along Taylor Bayou, HCFC Unit A104-00-00, in the Shady River Subdivision. . Study Background Several homes in the Shady River Subdivision are listed as repetitive flood loss properties in the FEMA National Flood Insurance Program (NFIP). The Shady River Subdivision is located in the City of La Porte bordered on the east by Taylor Bayou, HCFC Unit A104-00-00, and on the west by HCFC Unit A104-12-01. The project location is shown in Exhibit 1. The City of La Porte commissioned a comprehensive drainage study entitled City of La Porte City Wide Drainage Study (CWDS) dated January, 2009, prepared by Klotz Associates, Inc. The CWDS recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would eliminate out -of -bank flooding along Taylor Bayou in the Shady River Subdivision during a 100-year storm event. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the QA201 I U 100 1 7UtcpwUxtta Repon_12.13.201 I.docx HousW11821 Telge Road, Cypress, Tems77429• Tel: 281-304-0200 • Faz 281-304-0210 a empany0CivilteChengeom • t .CrvilteChengwm Technical Memorandum: Hyc. ._ic&Hydraulic Studyfor Taylor Bayou, HCFC Unit-.--00-00 December 13, 2011 Page 1 of 6 upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104-00-00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 300-year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. Scope of Work CivilTech Engineering, Inc. entered into an Agreement for Professional Engineering Services with the City of La Porte, Texas on September 13, 2011. The detailed scope of work is provided in Attachment 1 of the Agreement. The scope of work includes the following tasks: Task 1: Project Coordination and Meeting Task 2: Data Collection and Review Task 3: Hydrologic Analysis Task 4: Hydraulic Analysis Task 5: Mitigation Analysis Task 6: Project Evaluation Task 7: Study Report The scope of work also includes surveying services for HCFC Unit A104-00-00 and HCFC Unit A104- 12-01. Surveying services are being provided by Civil Concepts, Inc. The City of La Porte has only authorized Task 1 through Task 4 and the surveying services. Task 5 through Task 7 will be authorized pending the recommendations in this technical memorandum. Special Flood Hazard Areas The Shady River Subdivision is located entirely in the FEMA regulatory floodplain, Zone AE, as shown in the FEMA Flood Insurance Rate Map (FIRM), Map Numbers 48201CO945L and 48201C3085L, dated June 18, 2007. The FEMA FIRM is shown in Exhibit 2. Zone AE represents areas subject to inundation by the 1% annual flood event (100-year) with Base Flood Elevations (BFEs) determined by detailed methods. A BFE of 11 feet is shown on the FEMA FIRM for the Shady River Subdivision. The BFE was determined based on coastal storm surge modeling for Galveston Bay. The FEMA Flood Insurance Study (FIS) listed the following coastal storm surge elevations in the Taylor Bayou Watershed: 10% (30-Year) BFE = 4.8 feet 2% (50-Year) BFE = 9.6 feet 1% (100-Year) BFE = 11.4 feet Technical Memorandum: Hyc _ is & Hydraulic Study for Taylor Bayou, HCFC Unit December 13, 2011 Page 3 of 6 Taylor Bayou and its tributaries are tidally influenced with overbank areas subject to inundation from coastal storm surges in Galveston Bay. The Shady River Subdivision was constructed in the mid-1960's prior to the National Flood Insurance Program (NFIP) and the availability of floodplain maps and flood data. Based on existing topography, the subdivision is susceptible to inundation from tropical storms producing surge elevations above 7 feet. It is likely that homes constructed in the 1960's and 1970's would be susceptible to flood inundation from coastal storm flooding. FEMA Effective Models Taylor Bayou, HCFC Unit A104-00-00, is a FEMA-studied stream. The study limits along HCFC Unit A104-00-00 extend from its confluence with Clear Creek, HCFC Unit A100-00-00, to just upstream of Shoreacres Boulevard. The FEMA effective hydrologic (HEC-HMS) model and hydraulic (HEC-RAS) model for Taylor Bayou were obtained from the Harris County Flood Control District. The FEMA effective models served as the base condition models for this study. It is the intent of this study to extend the FEMA effective hydraulic (HEC-RAS) model for Taylor Bayou, HCFC Unit A304-00-00, from Shoreacres Boulevard upstream to State Highway 146. In addition, a new hydraulic model was developed for HCFC Unit A104-12-01 from its confluence with HCFC Unit A104-00-00 to Bay Forest Golf Course. The study limits are located in Subarea A104A (1998.72 acres) of the Taylor Bayou watershed. The FEMA effective hydrologic (HEC-HMS) model computed peak flows for the 10-, SO- and 100-year storm events for Subarea A104A as listed in Table 1. Table 1. FEMA Effective HEC-HMS Model for Subarea A104A Drainage DA I Peak Flow cfs Subarea (acres) 30-Year SO -Year 100 Year A104A 1998.72 930 1423 1681 Revised Hydrologic (HEC-HMS) Model Subarea A104A was subdivided into nine (9) subareas, identified as A104A3 through A104A9, to compute peak flows along HCFC Unit A104-00-00 and HCFC Unit A304-12-01. The revised watershed map for Subarea A104A is shown in Exhibit 2. Subareas A104A1, A104A2, A104A3, A104A4 and A104A9 were delineated for contributing drainage areas to Taylor Bayou, HCFC Unit A104-00-00. Subareas A104AS, A104A6, A104A7 and A104A8 were delineated for contributing drainage areas to HCFC Unit A104-12=01. The hydrologic computational nodes along HCFC Unit A104-00-00 and HCFC Unit A104-12-01 are shown in the exhibit. The revised HEC-HMS model results for Taylor Bayou, HCFC Unit A104-00-00, are listed in Table 2. Technical Memorandum: Hya .ic & Hydraulic Study for Taylor Bayou, HCFC Unit _ -00-00 December 13, 2011 Page 4 of 6 Table 2. Revised HEC-HMS Model Peak Flows alone Taylor Bayou, HCFC Unit A104-00-N Drainage Location/ DA Peak Flow cfs Area/Node Description (acres) 10-Year 50-Year 1OD-Year A104A Subarea Upstream of SH 146 491.07 351 518 605 A1134A-1 Upstream of SH146 491.07 351 518 605 A104A2 Future Lakes at Fairmont Greens 231.25 143 213 249 -- A104A-2 Us of McCabe Road 704M 491 726 849 A104A3 Subarea West of Shady Rivers 91.07 77 113 132 A104A-3 Along Shady River Subdivision 795.39 560 830 967 A104A4 Shady River Subdivision 57.34 104 143 163 A104A-4 Taylor Bayou & HCFC Unit 104-12-W confluence 1332-16 1040 1581 1864 A104A9 Subarea Downstream of Confluence 660.16 1 641 921 1069 A1040000 236 J SH 146 Near Port Road Outfall 1992-321 1M 23M 2760 _ Note: Shaded areas represent drainage nodes with cumulative drainage areas and flows from all upstream areas. Subarea A10407 encompasses the drainage area located east of South Broadway Street. The City of La Porte constructed storm drainage and outfall improvements in various subdivisions to drain flows for a 5-year storm event to Galveston Bay. The revised hydrologic model includes a diversion routine for Subarea A104A7 based on the computed 5-year peak flow for Subarea A104A7 of 210 cfs. The revised HEC-HMS model results for HCFC Unit A104-12-01 are listed in Table 3. The HEC- HMS model output summary is provided in Attachment 1. Table 3. Revised HEC-HMS Model Results along HCFC Unit A104-12-01 Drainage DA Peak Flow cfs Node Downstream Element acres 10-Year 50-Yearl100-Year A1134A5 Bay Forest Golf Course - 177.79 2293 323.7 3735 A1D4A-5 Downstream of GolfCourse 177.79 229 324 374 A104A6 S. Broadway St Drainage Area 11&10 119 261 299 A1D4A7 Drairup Area East to S. St 125.76 253 345 393 Flows from A104A7 to A104-12-01 After 5-year Flow(210 cfs) Diversion to the Bay -- 44 135 183 A104A-6 At Outfall North of 419-65 443 698 832 A104A8 Shad River Subdivision 59.78 108 148 169 A104A-4 Taylor Bayou & HCFC Unit 104-12-00 Confluence 1332.16 1040 1581 1864 Note:. Shaded areas represent drainage nodes with cumulative drainage areas and flows from all upstream areas._( Revised Hydraulic (HEC-RAS) Model Field surveys were performed to obtain channel cross sections along HCFC Unit A104-00-00 and HCFC Unit A104-12-01. Fourteen (14) surveyed cross sections were obtained along HCFC Unit A104- 00-00. Eleven (11) surveyed cross sections were obtained along HCFC Unit A104-12-01. The surveyed cross section locations are shown in Exhibit 3. The FEMA effective hydraulic (HEC-RAS) model for Taylor Bayou, HCFC Unit A104-00-00, was extended from Shoreacres Boulevard to SH 146. A new hydraulic (HEC-RAS) model for HCFC Unit A104-12-01 was developed from its confluence with Technical Memorandum: Hyaic & Hydraulic Study for Taylor Bayou, HCFC Unit -00-00 December 13, 2011 Page S of 6 Taylor Bayou, HCFC Unit A104-00-00, to the Bay Forest Golf Course. Topographic data for overbank areas were obtained from LiDAR DEM data. Existing bridges and culverts along HCFC Unit A104-00- 00 and HCFC Unit A104-12-01 were surveyed and included in the revised models. The existing drainage structures are listed in Table 4. Table 4. Existing Drainage Structures Channel Road Crossing Structure Type Structure Details Taylor Bayou, HCFC Unit A104-00-00 Shoreacres Blvd Bride No Piers Taylor Bayou, HCFC Unit A10400-00 McCabe Rd Cross Culverts 2- 72" RCP HCFC UnitA104-12-00 Shady River Rd Bride 2- 18" Piers HCFC Unit A104-12-01 McCabe Rd Cross Culverts 2 - 72" RCP The computed 30=1 50- and 100-year water surface elevations along Taylor Bayou, HCFC Unit A104- 00-00, are provided in Table S. The computed 10-, 50- and 300-year water surface elevations along HCFC Unit A104-12-01 are provided in Table 6. The extent of flooding along Taylor Bayou, HCFC Unit A304-00-00, and HCFC Unit A104-12-01 for the 10-, 50- and 100-year storm events is shown in Exhibit 4. The HEC-RAS model flood profiles and output results are provided in Attachment 2. Table S. Revised HEC-RAS Model Results for Tavlor Bavou, HCFC Unit A104-OD-00 River Peak Flow cfs Water Surface Elevation (feet)LowestGround Station 30-Year SO -Year 1OD-Year 10-Year SO -Year 1OD-Year Elevation (feet)* 31613 1040 1581 1864 3.78 5.14 5.70 32119 612 907 1051 3.86 5.22 5.78 32363 596 883 1025 3.88 5.24 5.79 7.60 32935 560 830 967 3.98 5.31 5.86 7.80 33485 544 806 940 4.16 5.44 5.98 6.80 34132 525 779 908 4.44 5.70 6.22 7.40 34552 514 761 889 4.66 5.90 6.42 9.40 35090 499 740 864 5.00 6.17 6.66 35314 493 731 854 5.07 6.16 6.61 35363 McCabe Road 35429 491 726 849 6.78 10.15 11.39 35540 478 708 827 7.16 10.54 11.39 36183 412 609 711 7.26 10.58 11.42 36868 351 518 605 7.35 1 10.62 11.45 Note: The shaded areas represent the cross sections along the Shady Rivers Subdivision ' Ground elevation at a structure location estimated based on UDAR DEM Data. Technical Memorandum: Hya _ is & Hydraulic Study for Taylor Bayou, HCFC Unit _ --00-00 December 13, 2011 Page 6 of 6 Table 6. Revised HEC-RAS Model Results for HCFC Unit A104-12-01 River Peak Flow cfs Water Surface Elevation feet LowestGround Station 10-Year SO -Year 100-Year 10•Year 50-Year 100-Yearl Elevation (feet)* 187 513 782 925 3.82 5.18 5.75 540 SIM 768 910 3.85 5.21 5.77 8.00 1025 487 751 891 3.87 5-23 5.80 6.80 1072 Shady River Road 1096 485 748 888 3.96 5.46 6.16 7.30 1632 469 729 867 4.00 5.49 6.19 7.50 2117 455 713 848 4.04 5.52 622 7.50 2563 443 698 832 5.01 6.10 6.66 3057 356 541 638 6.13 7.04 7.45 3121 McCabe Road 3186 336 506 595 7.00 8.95 9.20 3552 286 419 489 7.17 9.02 9.26 4053 229 324 374 7.45 9.10 9.35 Note: The shaded areas represent the cross sections along the Shady Rivers Subdivision. * Ground elevation at a structure location estimated based on LiDAR DEM Data. Summary of Results The computed 10-, 50- and 100-year water surface elevations along Taylor Bayou, HCFC Unit A104- 00-00, and HCFC Unit ASO4-12-01 likely cause only minor street flooding in the Shady River Subdivision. Historical structural flooding in the subdivision was likely caused from coastal storm surges in Galveston Bay. It was beyond the scope of this work to investigate other flooding causes such as: (1) undersized storm sewer pipes, (2) inadequate sheet flow system for extreme events, and (3) storm sewer pipe failures and maintenance needs. It is our professional opinion that the recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, in the CWDS would not alleviate the historical structural flooding problems in the subdivision. Non-structural measures such as structure elevations, buyouts, or flood insurance are the likely flood risk reduction options for the subdivision. The hydraulic results did indicate a significant headloss of 4.8 feet during a 100-year storm event through the existing 2-72-inch RCPs at McCabe Road and HCFC Unit A104-00-00. We would recommend the replacement of the existing culverts to eliminate the out -of -bank flooding upstream of McCabe Road. The hydraulic analysis also found insufficient channel capacity along HCFC Unit A104-12-01 upstream of McCabe Road. Out -of -bank flooding was identified in the Forest Vista Mobile Home Park for a 10-year storm event. Structural solutions could include detention upstream in the golf course or channel improvements along HCFC Unit A104-12-01 upstream of McCabe Road. Hams County Vicinity Map PROJECT LOCATION 1000 0 500 1000 SCALE IN FEET CivilTech � 2; a 1. R. ]Q9 Engineering, Inc. (28i) 304-0200 Fax (291) 304-02`0 HYDROLOGIC AND HYDRAULIC STUDY FOR TAYLOR BAYOU, HCFC UNIT A104-00-00 SHADY RIVER SUBDIVISION PROJECT LOCATION MAP DECEMBER 2011 1 Jab: 310017.00 1 EabiGtt: 1 o o \� LI EVE J `O tA5TR STREET LIMB OF ZONE A FLDOEIWAY �, / ZONE AE 'ONE X 1iOwAl D IEL 121 d J COURT ZONE X ¢p 3 HARRIS� ZONEAE COUNTY ZONE VE IEL 12) IEL 15) ZONE X ZONE VE BAY IEL 17) HARBOR _ 1000 0 500 1000 a - _ BLVD SCALE IN FEET AI04-07 iN1 D LIMU OF WHARTON WEEMS ZONEAE (Tributary 3.93 to- ---- _ DIAED ° F_❑- IEL 13) Taylor Bayou) STUDY LIMITSCOWMIL BASE FLOOD EUEVATK 01 ZONE - ZONEOAKHURST ca ONNLy LANLANDVAMM OF 0.0 <D AE— ' AE 12001 ADJUSTMENT) A (EL 11) '' lFL 11) - 4 BAY S1 ZONE AE O N 010370 -- IEL.71) ¢ Y —. 1 PRVAROSE ZONE AE y' JUNIPEI1 o HARRIS__ CCOUNTYSFARM roFIRMpFOUNTAIN COUNTY WZ { >Lt1RALCRESCENT VIEW ROAD .u1'Z NEVE 010295 MCC�RE ORAYSHORE DR - IEL 17) .uv' r.xauEeorna 974f-00-00 I - 0ZONE - (/aylorBayou) -vlAE (EL 11) C) Q HAcKBLRRY AVE �° i. 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(281) 304-0200 Fax (281) 304-0210 F 1 U 0702%O U SHOH[ACRES '� BLVD ',? 010290 1 z T x + ZONE AE 1 c� HYDROLOGIC AND HYDRAULIC STUDY FOR D CP (EL 11).. - O OAKDALE 'AVE 6F TAYLOR BAYOU O p W SHADY RIVER SUBDIVISION u SHADYIAWN- AVI rn ZONE X ZONE` A c^UNrer 0`°0 'DR Ilo4-II 0o CITY OF SHOREACRES wooD AVE FEMA EFFECTIVE FIRM EXHIBIT X N Aip40o-00 (Taytor, Bayou C _ PANEL NOS. 48201CO945L & 48201C1085L © HARRIS COUNTY, TEXAS A i SHADY �_ LANF - Y — C l B 1 t�nctiRPUR.9Th'D�/ �: E l ZONE X N< < DECEMBER2011 Job: 310017.00 Exhibit: 2 ti '• AT.1,xa Nae 8I II Hsi Suam8AIIWBou"dery o=:tl �S'AI� r:I,�A • N -{ • ~ LL 9 +"°"t. �. "" , .,• 1�', i::, FEMA Walers11e0 BouMedas n _ IO,UAERIAL.NAIP '" A T E'R H .. "ll�•• k . II ' Boo 1,600 Feet N _ •� �� �, �R1 `M; �. J pr tft ' — Qi-.jr ' H ✓,L u: i �w1Wr 8 II ll{ III•"-.:'" � sll 1 � II111 (@y ,C� I• I VI I1Ayl i 'ill c.A w5: I II iS_U. W A R S A+4A ;' ti :iWMi I All A,04-3 .: 'yY11�4` a I A,o4d e,,Gtlh ' ,rxl, f 'e X __ _____I _ a I I � I ��.• Cpmes,1eROM . Civil7ech Engineering, Inc. ..aa261) 9o0 ': -, N. HYDROLOGIC AND HYDRAULIC STUDY FOR L s, - TAYLOR BAYOU,HCFC UNIT A104-00-00 SHADY RIVER SUBDIVISION F220Aa TAYLOR BAYOU SUBWATERSHED MAP SUBAREA A1e4A BECEMBER 2011 JOB 310011 EXIMBR3 I Legend -• MBIy5ls Node •�n ry � '�.� MMN Crvss Sealon ) •"P w w ��4�Ye.,Floo4I N 1, S�A��N J A `� '\\ a. �loo-re.r FloodlM .;� I lu �'., `' SO-Year FloWIW J G�A�L V,�E • e �. 10-Year FIWd11t1 ` - r - ' A :'E RaNxE SubareaM hl0 Boundary ,+v.I' T,• eo S emw s.nna BouMeMs -W J' A. !N ys / to/.. FEMA VMeMeOBooMades _ LLpr r �� Y F21. i M10 itERLLL-NYP 0 900 ,.600 I ----i11Er: r r; fI II;I 11 �� A104I1 F I A104-6 S_U1B W A R H D A1�A ' . yap A1oa-z"'1 .11 1 t fiYe G.•� x i A104-4 J€ a I 1 . 1 - - -- r ! 4 T I r s! A10a0000 236 J QN V .... +'� •-� t � — - - rt U , � I � 1 1Ay1`. 1rFrlft 1 k , �j f I T ] r, xy,.. ss# r` thilici h 1e" I ., Engineering, Inc. :"..;,;,3°;a' o`°° a y y IF � . HYDROLOGIC AND HYDRAULIC STUDY FOR TAYLOR BAYOU.HCFC UNIT AtOd-00-00 SHADY RIVER SUBDIVISION F2 TAYLOR BAYOU AND TRIBUTARIES FLOOD INUNDATION MAP 0ELFMBER 1011 JOB]1001] EXMIBITO CivilTech Engineering, Inc. CMI &Wrleering Hats Resourpss Trantpprtetlon smoura4 Econornk Melyab TECHNICAL MEMO RAN DUM JO :• TO: Julian Garza, P.E., City of La Porte ..ASHISH WAGHRAY ............................... CC: Melvin Spinks, P.E., CivilTech Engineering, Inc. Ft .105201 ,� ttti f �CC"S�f.Q�•'��:�• FROM: Ashish Waghray, P.E., CivilTech Engineering, Inc. kt:�/0N?L t `� 12/13/11 DATE: December 13, 2011 RE: Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas This technical memorandum presents the study findings for hydrologic and hydraulic analysis performed for Taylor Bayou, HCFC Unit A104-00-00, and its tributary HCFC Unit A104-12-01. The hydrologic and hydraulic analysis was performed for the 30-, 50-, 100- and 500-year storm events associated with rainfall over the Taylor Bayou watershed. The study results are presented to determine whether the recommended drainage improvements along HCFC Unit A104-00-00 as identified in the City of Lo Porte City -Wide Drainage Study would eliminate out -of -bank flooding along Taylor Bayou, HCFC Unit A104-00-00, in the Shady River Subdivision. Study Background Several homes in the Shady River Subdivision are listed as repetitive flood loss properties in the FEMA National Flood Insurance Program (NFIP)..The Shady River Subdivision is located in the City of La Porte bordered on the east by Taylor Bayou, HCFC Unit A104-00-00, and on the west by HCFC Unit A104-12-01. The project location is shown in Exhibit 1. The City of La Porte commissioned a comprehensive drainage study entitled City of Lo Porte City Wide Drainage Study (CWDS) dated January, 2009, prepared by Klotz Associates, Inc. The CWDS recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would eliminate out -of -bank flooding along Taylor Bayou in the Shady River Subdivision during a 100-year storm event. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the QA2011\31001 ARcpon\Lener Repon-12-13-2011.dm.x Hou on11821 Telge Road, Cypress, Texas77429• Tel: 281-304-0200 • Fax: 281.304-0210 companyOcivlllechengCom • w .civl Recheng.00m Technical Memorandum: Hydrologic & Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 December 13, 2011 Page 2 of 6 upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104-00-00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 100-year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. Scope of Work CivilTech Engineering, Inc. entered into an Agreement for Professional Engineering Services with the City of La Porte, Texas on September 13, 2011. The detailed scope of work is provided in Attachment 1 of the Agreement. The scope of work includes the following tasks: Task 1: Project Coordination and Meeting Task 2: Data Collection and Review Task 3: Hydrologic Analysis Task4: Hydraulic Analysis Task 5: Mitigation Analysis Task 6: Project Evaluation Task 7: Study Report The scope of work also includes surveying services for HCFC Unit A104-00-00 and HCFC Unit A104- 12-01. Surveying services are being provided by Civil Concepts, Inc. The City of La Porte has only authorized Task 1 through Task 4 and the surveying services. Task 5 through Task 7 will be authorized pending the recommendations in this technical memorandum. Special Flood Hazard Areas The Shady River Subdivision is located entirely in the FEMA regulatory floodplain, Zone AE, as shown in the FEMA Flood Insurance Rate Map (FIRM), Map Numbers 48201CO945L and 48201C10851-, dated June 18, 2007. The FEMA FIRM is shown in Exhibit 2. Zone AE represents areas subject to inundation by the 1% annual flood event (100-year) with Base Flood Elevations (BFEs) determined by detailed methods. A BFE of 11 feet is shown on the FEMA FIRM for the Shady River Subdivision. The BFE was determined based on coastal storm surge modeling for GalvestonBay. The FEMA Flood Insurance Study (FIS) listed the following coastal storm surge elevations in the Taylor Bayou Watershed: 10% (10-Year) BFE = 4.8 feet 2% (50-Year) BFE = 9.6 feet 1% (100-Year) BFE = 11.4 feet Technical Memorandum: Hydrologic & Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 December 13, 2011 Page 3 of 6 Taylor Bayou and its tributaries are tidally influenced with overbank areas subject to inundation from coastal storm surges in GalvestonBay. The Shady River Subdivision was constructed in the mid- 1960's prior to the National Flood Insurance Program (NFIP) and the availability of floodplain maps and flood data. Based on existing topography, the subdivision is susceptible to inundation from tropical storms producing surge elevations above 7 feet. It is likely that homes constructed in the 1960's and 1970's would be susceptible to flood inundation from coastal storm flooding. FEMA Effective Models Taylor Bayou, HCFC Unit A304-00-00, is a FEMA-studied stream. The study limits along HCFC Unit A104-00-00 extend from its confluence with Clear Creek, HCFC Unit A100-00-00, to just upstream of Shoreacres Boulevard. The FEMA effective hydrologic (HEC-HMS) model and hydraulic (HEC-RAS) model for Taylor Bayou were obtained from the Harris County Flood Control District. The FEMA effective models served as the base condition models for this study. It is the intent of this study to extend the FEMA effective hydraulic (HEC-RAS) model for Taylor Bayou, HCFC Unit A104-00-00, from Shoreacres Boulevard upstream to State Highway 146. In addition, a new hydraulic model was developed for HCFC Unit A104-12-01 from its confluence with HCFC Unit A104-00-00 to Bay Forest Golf Course. The study limits are located in Subarea A104A (1998.72 acres) of the Taylor Bayou watershed. The FEMA effective hydrologic (HEC-HMS) model computed peak flows for the 10-, 50- and 100-year storm events for Subarea A104A as listed in Table 1. Table 1. FEMA Effective HEC-HMS Model for Subarea A104A Drainage DA I Peak Flow cfs Subarea (acres) 10-Year 50-Year 100-Year A104A 1998.72 930 1423 1681 Revised Hydrologic (HEC-HMS) Model Subarea A104A was subdivided into nine (9) subareas, identified as A104A1 through A104A9, to compute peak flows along HCFC Unit A104-00-00 and HCFC Unit A104-12-01. The revised watershed map for Subarea A104A is shown in Exhibit 3. Subareas A104A1, A104A2, A304A3, A104A4 and A104A9 were delineated for contributing drainage areas to Taylor Bayou, HCFC Unit A104-00-00. Subareas A104AS, A104A6, A104A7 and A104A8 were delineated for contributing drainage areas to HCFC Unit A104-12-01. The hydrologic computational nodes along HCFC Unit A104-00-00 and HCFC Unit A104-12-01 are shown in the exhibit. The revised HEC-HMS model results for Taylor Bayou, HCFC Unit A104-00-00, are listed in Table 2. Technical Memorandum: Hydrologic & Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 December 13, 2011 Page 4 of 6 Table 2. Revised HEC-HMSModelPeak Flows along Tavlor Bayou, HCFC Unit A1044)0-00 Drainage _ Are -rode Location/ Description DA aces Peak Flow cfs 10-Year 50-Year I100-Year A104A Subarea Upstream of SH 146 491.07 351 518 605 ' i A304A-1 am of SH146 491.07 351 518 605 { A104A2 Future lakes at Fairmont Greens 231.25 143 213 249 _ _ A104A-2 US of McCabe Road 704.32 491 726 949 A104A3 Subarea West of Shad River Subdivision 91.07 77 113 132 A104A-3 AlongS River Subdivision 795.39 560 830 967 A104A4 Shad Rive r Subdivision 57.34 104 143 163 -4 T or &HCFC Unit 1(M-12-00 cortfluence 1.332.Ib 1040 1581 7864 A9 L Subarea Downstream of Confluence 660.16 641 921 1069 A2361 SH 146Near Port Road Outfall 1992.32 1593 2334 2760 Note: Shaded areas represent drainage nodes with cumulative drainage areas and flows from all upstream areas. Subarea A10407 encompasses the drainage area located east of South Broadway Street. The City of La Porte constructed storm drainage and outfall improvements in various subdivisions to drain flows for a 5-year storm event to GalvestonBay. The revised hydrologic model includes a diversion routine for Subarea A304A7 based on the computed 5-year peak flow for Subarea A104A7 of 210 cfs. The revised HEC-HMS model results for HCFC Unit A104-12-01 are listed in Table 3. The HEC-HMS model output summary is provided in Attachment 1. Table 3. Revised HEC-HMS Model Results alone HCFC Unit A104-12-01 Drainage Node DA Peak Flow cis Downstream Dement Bores 10-Year 50-Year I100-Year A104A5 Bay Forest Calf Cause 177.79 229.3 323.7 3735 A104A-5 Downstream of GolfCourse 177.79 229 324 374 Al 4A6 S Broadway StDramageArea n&ID 119 261 299 A]MA7 Drainage Area Fast to S. Broadway St 125.76 253 345 393 Flows from A104A7 to A104-12-01 After 5-year Flow(210 cfs) Diversion tothe Bay -- 44 135 193 AIM-6 1 AtBroadway Outfall North of Stody River 419.t3 443 698 832 A1MA8 Shad River Subdivision 59.78 108 148 169 A104A-4 Taylor Ba ou&HCFC Unit 104-12-000onfluence 1 1332.16 1 1040 1581 1864 Note: Shaded areas represent drainage nodes with cumulative drainage areas and flows from all upstream areas. Revised Hydraulic (HEC-RAS) Model Field surveys were performed to obtain channel cross sections along HCFC Unit A104-00-00 and HCFC Unit A104-12-01. Fourteen (14) surveyed cross sections were obtained along HCFC Unit A104- 00-00. Eleven (11) surveyed cross sections were obtained along HCFC Unit A104-12-01. The surveyed cross section locations are shown in Exhibit 3. The FEMA effective hydraulic (HEC-RAS) model for Taylor Bayou, HCFC Unit A104-00-00, was extended from Shoreacres Boulevard to SH 146. A new hydraulic (HEC-RAS) model for HCFC Unit A104-12-01 was developed from its confluence with Technical Memorandum: Hydrologic & Hydraulic Study for Taylor Boyou, HCFC Unit A104-00-00 December 13, 2011 Page 5 of 6 Taylor Bayou, HCFC Unit A104-00-00, to the Bay Forest Golf Course. Topographic data for overbank areas were obtained from LiDAR DEM data. Existing bridges and culverts along HCFC Unit A104-00- 00 and HCFC Unit A104-12-01 were surveyed and included in the revised models. The existing drainage structures are listed in Table 4. Table 4. Existing Drainage Structures Channel Road Crossing Structure Tye Structure Details Taylor Bayou, HCFC Unit A104-OD-00 Shoreacres Blvd Bridge No Piers Taylor Bayou, HCFC Unit A104-OD-00 McCabe Rd Cross Culverts 2 - 72" RCP HCFC Unit A104-12-00 Shady River Rd Bridge 2 - 18" Piers HCFC Unit A104-12-01 McCabe Rd Cross Culverts 2 - 72" RCP The computed 10-, 50- and 100-year water surface elevations along Taylor Bayou, HCFC Unit A104- 00-00, are provided in Table S. The computed 10-, 50- and 100-year water surface elevations along HCFC Unit A104-12-01 are provided in Table 6. The extent of flooding along Taylor Bayou, HCFC Unit A104-00-00, and HCFC Unit A104-12-01 for the 10-, 50- and 100-year storm events is shown in Exhibit 4. The HEC-RAS model flood profiles and output results are provided in Attachment 2. Table S. Revised HEC-RAS Model Results for Tavlor Bavou. HCFC Unit A104-00-00 River Peak Flow (cfs) Water Surface Elevation (feet) Lowest Ground Station 10-Year SO -Year 30D-Year 10-Year 50-Year 1OD-Year Elevation (feet)* 31613 1040 1581 1864 3.78 5.14 5.70 32119 612 907 1051 3.96 5.22 5.78 32363 596 883 1025 3.88 5.24 5.79 7.60 32935 560 830 967 198 5.31 5.86 7.80 33485 544 806 940 4.16 5.44 5.98 6.80 34132 525 779 908 4.44 5.70 6.22 7.40 34552 514 761 899 4.66 5.90 6.42 9.40 35090 499 740 864 5.00 6.17 6.66 35314 493 731 854 5.07 6.16 6.61 35363 McCabe Road 35429 491 726 849 6.78 10.15 11.39 35540 478 708 827 7.16 10.54 11.39 36183 412 609 711 7.26 10.58 11.42 36868 351 518 605 7.35 10.62 11.45 Note: The shaded areas represent the cross sections along the Shady Rivers Subdivision_ "Ground elevation at a structure location estimated based on LiDAR DEM Data. Technical Memorandum: Hydrologic & Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 December 13, 2011 Page 6 of 6 Table 6. Revised HEC-RAS Model Results for HCFC Unit A104-12-01 River PeakFlow(cfs) Water Surface Elevation feet LowestGround Station 10-Year 50-Year 100-Year 10-Year 50-Year 100-Year Elevation (feet)' 187 513 782 925 3.82 5.18 5.75 540 502 768 910 3.85 5.21 5.77 8.00 1025 487 751 891 3.97 5.23 5.80 6.80 1072 Shady River Road 1096 485 748 888 3.96 5.46 6.16 7.30 1632 469 729 867 4.00 5.49 6.19 7.50 2117 455 713 848 4.04 5.52 6.22 7.50 2563 443 698 832 5.01 6.10 6.66 3057 356 541 638 6.13 7.04 7.45 3121 McCabe Road 3186 336 506 595 7.00 8.95 9.20 3552 286 419 489 7.17 9.02 9.26 4053 229 324 374 7.45 1 9.10 1 9.35 Note: The shaded areas represent the cross sections along the Shady Rivers Subdivision. . Ground elevation at a structure location estimated based on LiDAR DEM Data. Summary of Results The computed 10-, 50- and 300-year water surface elevations along Taylor Bayou, HCFC Unit A104- 00-00, and HCFC Unit A104-12-01 likely cause only minor street flooding in the Shady River Subdivision. Historical structural flooding in the subdivision was likely caused from coastal storm surges in Galveston Bay. It was beyond the scope of this work to investigate other flooding causes such as: (1) undersized storm sewer pipes, (2) inadequate sheet flow system for extreme events, and (3) storm sewer pipe failures and maintenance needs. It is our professional opinion that the recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, in the CWDS would not alleviate the historical structural flooding problems in the subdivision. Non-structural measures such as structure elevations, buyouts, or flood insurance are the likely flood risk reduction options for the subdivision. The hydraulic results did indicate a significant headloss of 4.8 feet during a 100-year storm event through the existing 2-72-inch RCPs at McCabe Road and HCFC Unit A104-00-00. We would recommend the replacement of the existing culverts to eliminate the out -of -bank flooding upstream of McCabe Road. The hydraulic analysis also found insufficient channel capacity along HCFC Unit A104-12-01 upstream of McCabe Road. Out -of -bank flooding was identified in the Forest Vista Mobile Home Park for a 10-year storm event. Structural solutions could include detention upstream in the golf course or channel improvements along HCFC Unit A104-12-01 upstream of McCabe Road. EXHIBITS Q M a y 0 ¢ k+ h y _ MCCABE RD UH(ii'.I SHOREACRES BLVD I N Harris County Vicinity Map /000 0 500 1000 w.rw SCALE /N FEET r. T. Rom Engineering, Inc. ae1l aa.-ozoo ro, r.. -:.YDROLOGIC AND HYDRAULIC STUDY FOR TAYLOR BAYOU, HCFC UNIT A104-00-00 SHADY RIVER SUBDIVISION PROJECT LOCATION MAP PROJECT LOCATION _ - DECEMBER 2011 Jae: 310017.00 E.n.Nl A :ONE X ZONEX ZONE X AIN-O]-0O (I1iD g3.93 to TuYlaNlaYou) ' LIMITS_ _ O ZONE S AE --- p (EL 111 O %t T N �N �o ➢ z J EFS-FnFTR�SF�I i oc HARM3_ ZONEAE �— COUM IE1 12, FW NE AE1]) IEL 121 ZONE VE (EL 15) DNE VE IEL 17I laoo o soo loon rue Ix FE£F ZONE AE Lue s \ ZONEAE - - - 'L 2, QHAMBERS HARRIS _ Y COUNTY ICOUNTY �RNA FM 9 ➢ N L A g `x rmwn -1 010295 _ -n ZONEVE eIW-00.OP �1� �nvsi o r V 'EL 171 St 1 ZONE ti O L 111 2 AE �c c 1• v ZONE S� - _ `� zv\ZONE a �i 1i ¢ i4f ZONE N X ZONE AE" 20 ecc _ m1IT h T 1 1111 ,x,. •9`�J alaarz-or 1-- CI-Y OF LAogre '��L�� I ZONE vl"Y OFF,ORFACRE5 {�\ m N Q E v CITY OF S1fOR&V( XFS 1 mxrs ss _ Pw _ ZONE OXS ZAEE. in r t� .i— 2 Civil -tech 1te2t.*h.�xme L T-oF z SFAxP6vp rv�E typ.r. iT1149 Entlnmring, Inc. ("I) 3o O- Fw (2e1) w 0210 E 010290 O 3 f 010270 ° n - j r 4 o + ZONE .AE HYDROLOGIC AND HYDRAULIC STUDY FOR L .. EI'' b o I w ZONEX C F �� couxrev l ZONE x F � � 1 .aloaoaoo frayw: Havoxl ]nNE x 1 ~ TAYLOR BAYOU SHADY RIVER SUBDIVISION FEMA EFFECTIVE FIRM EXHIBIT ors +ACHES _ wE PANEL NOS. 48201 C0945L&48201 C1085L HARRIS COUNTY, TEXAS OECEWER 2011 boo: 3IM17.00 ENWIL: 2 61AI Tj F -a- _ i_; , \ 'il 11 YAJ 4 : fT _ 44 _ ____ r h n F` i ft si t4• ATTACHMENT 1 HEC-HMS MODEL OUTPUT SUMMARY -.W-- HEC-HMS 1 A104A1 Taylor Bayou HEC-HMS Model Project: ProjectA1000000 Basin Model: Al04A_Div Jan 04 11:56:48 CST 2012 104A5 #A1 I A104A2 4 #A2 A104_3 I Al #A V A104A3 A104_2 A104A9 a I#A5 Al #A6 Al04 1 #A4-1 #A4 A104_1 Al �Al 04A7 ear Al04A7 Galy Bay HEC-HMS Results HMS Element Area (acre) Peak Flow cfs Element Downstream Element 10-Year SO -Year 100-Year S00-Year A104A1 eA1 491.07 350.8 518.3 605.2 858.8 eA1 A104_4 350.8 518.3 605.2 858.8 A104_4 M2 349.7 516.4 602.9 839.7 A1D4A2 eA2 213.248 143.2 213.1 249.2 355.7 eA2 A104_3 490.5 726.4 848.9 1174.6 A104 3 eA3 488.9 725.3 846.6 1169.3 A104A3 eA3 91.072 77 112.9 131.6 184.5 eA3 A104_2 559.6 829.9 967.1 1323.2 A104 2 eA4-2 556.6 827.8 964.6 1315.7 A104A4 eA4-2 57.344 103.9 142.7 163 216.7 eA4-2 eA4 611.6 906.6 1051 1389.4 A104A5 #A5 177.792 229.3 323.7 373.5 507.3 M5 A104_6 229.3 323.7 373.5 507.3 A104_6 eA6 229.3 323.4 373.4 506.6 A104A6 eA6 116.096 188.7 260.8 299.2 399.8 A104A7 5-Year A1D4A7 125.76 253.3 344.9 393.6 518.6 5-Year A1D4A7 Galy Bay 209.5 209.5 2D9.5 209.5 5-Year A1D4A7 eA6 43.8 135.4 184.1 309.1 eA6 A104 5 442.7 697.5 931.8 1172.9. A104 5 eA4-1 423.5 662.2 789.4 1129.9 A104A8 eA4-1 59.776 107.5 147.6 168.9 224.1 eA4-1 eA4 513.1 781.5 924.7 1314.5 eA4 A1041 1040.2 1580.8 1863.5 2597.2 101 A4 A104ODD0_0296_D 1050 1557 1838.E 2547.5 A104A9 A1040000 0296 D 660.16 640.5 921.3 1068.8 1480.3 A1040000 0296 D 1592.5 2333.7 2760.4 1 3867.6 Node Galv Bay is the 5-year Flow diversion from A104A7 (209.5 CFS) into Galveston Bay Q:\2011\310017\Calculatians\HMS mpaHi .zlu CMITech Eybenby la, ATTACHMENT 2 HEC-RAS MODEL FLOOD PROFILES AND OUTPUT RESULTS A104-00-00 Profile Upstream of Confluence A104-00-00-extended Plan: FEMA Effective June 2007-Revised A104-00-000030 — 12- Legend WS 0.2PCT-500yr WS lP6T-100yr 10 - WS 2PCT 50yr WS 1OPCT-10yr Ground 8- ------ — ---------------- LOB -------- --------------- ------------------- ROB 6- ------ 4- 2- 0 -2 - 32000 33000 34000 35000 36000 37000 Main Channel Distance (ft) Al O4-00-00 Profile Downstream of Confluence A104-00-00-extended Plan: FEMA Effective June 2007-Revised A104-00-00_0031 15 10, r' l F c 0 d w 1 -5 -10- 1 J -15 0 5000 10000 15600 20000 25000 30000 35000 Main Channel Distance (ft) Legend WS 0.2PCT_500yr WS 1PCT_100yr INS 2PCT_50yr WS tOPCT_10yr Ground LOB -- --ROB---- A104-12-01 Profile A104-00-00-extended Plan: FEMA Effective June 2007-Revised e A104-12-01 — 10 8' 4 c m v w 2 0 -2 0 1000 2000 3000 4600 5600 Main Channel Distance (it) N WS 0.2PCT_500yr WS 1PCT_100yr WS 2PCT_50yr WS 10PCT_10yr Ground l08 ...------------ ROB NEC-RAS Output for Al0"0.00 HEORF P1.1 PEMAefl06071 V N]O. 20]6.W -12.56 0.90 4.72 0.92 O.WW61 1.19 MOAT 3)820 OM 29]095Y 5115 W -12.56 130 b'U 1A2 O.WO1W 2.T5 MN 51928 0,18 2970.951MUM -12M 145 -549 163 O.WM60 344 208267 575.88 0.22 1m1 29]0.9% 10394.W -1256 115 -342 2,17 O.W1012 524 2288.60 747.59 On OMt 3011.3 20]BW .1258 0.90 4.72 093 0000087 1,42 14W.77 406.41 ON -_OWt WI1. 5115W .1258 1.26 4U I 0M(TIM 3.W 154224 496.66 020 0631 3M15 653200 -12W 1.42 -549 1.70 0OM552 4.21 1575% 52826 0.25 OW1 3011. 1M94.W 42,56 IN -3.63 2J4 OWi271 651 16M.93 M7.37 0.M _164b0�0 0031 $N3 6M9e A101-00-00_W31 9W1.8_6{ MIN -12.. 092 412 0.98 0.000088 1.43 14 05 111i ON _ Al04C0J100W1 WT4668 5115W -1258 1.35 -Su 1 1.W 0NOW 335 1526.24 4W.]9 0.20 A104A0-00_0031 :WT4. Nu -12.M 153 .5W IN O.W0531 4M 15W 93 52].]6 025 W31 WT408E 103M0 -12 W IN -3.64 2.54 0.001179 641 Im.16 W457 037 OO OWt 3237.419 208W -12.M ON ON 0.OWNS 135 1541.92 2M.IS O.W OWt 32A.42$ 5115W -12.55 144 1.59 0.W0349 3.11 1648.32 228W 0.20 -_=1 72P NMM -12.58 /87 190 0.WO525 3.85 1719.78 431.39 0.24 00 OCE 1Z1]A 10394.W -12,M 227 176 O.WIM0 55] 20W.W T0A5 035 A1W-Wo0_0031__ 2078W -14.70 ON 0.97 000pW5 1]1 iSOM 895.W OW AW4-000D 0031 5115.W -1470 1.53 1.85 0.O02M 2.87 2405.07 905,07 0.IS OO W31 6532.W -1470 10 1.0 OW0422 3M 287001 910.10 021 10384.W AT70 2AS 2.94 0,WO715 484 UM 53 BM23 028 -1 W31 2078W 4.30 I'M -383 101 O.WWtO 038 552 a 1158.15 0.M 4,30 1,77 -3.21 1_]8 OWW3] 0,80 U2382 1183.W 006 W31 t 5115.W 4,30 2A5 405 2,16 0WW49 0.95 88]8.W 1212.10 007 -NOT NUN O31 103MM 4M 3,18 -266 3.21 OWW)3 1.28 81M45 127109 OW A10u1000 =1 YNO.W -5.W 1.0 102 O.OD005 028 79M.15 1552AO O W Al 4 00 W31 W24,W SW 1.63 /93 O.MMIS 0.55 9192.SO 1589.W 0" A10403-00=1 10.W SW 223 2.23 O.WW20 0.65 WOO?4J 15M SO ON 4310400.00 W31 .W SW 3W 3.31 O.WCOW O.N 1152).51 160431 awl W W3ill '35.W A.W 1,03 IM 0OWNS 0.34 W93.78 10T8]T 00 00_0031 29.W 4.0 103 IN OWW16 ON TT68.54 10WW 004 W31 kB1494M.W NW d.W 224 225 OWW2/ 0.75 62DSM 1W5]5 005 M 8W 331 3W OA00033 1.01 W06.W 115155 008 35.W 4.30 2.W 213 0W2349 293 ]9I24 468.99 0409W 4.30 292 3.16 0W2]48 30 1257M 540.W 045 44.W 4.30 3,291 3,SO O.W2723 4.20 1461.65 570.63 046 W31 9524W 4.30 4.28 4Wj 0W2559 463 205.49 ON 17 040 W31 "IM2M WIN -5.10 2,35 .1,20 2.M amlool O.Ml 265115 1154.04 ON OMi lain WOW -5.10 345 4.33 348 a M1411 1111 1247,041 OAT W31 10155 MIN -5.10 389 -0.11 3,91 OWO151 IUJ 450383 1430.98 0.12 =1 10155. 9254.W -5,10 493 043 4.97 0.OW186 t5/ W12W 1910.06 013 _W31 114292: 2427.W 628 2,37 -524 2.37 O.OW004 0.34 70034 W39 0.02 WWII 48]OW -028 3W 4.78 3.SO O.WW11 OW 813747 1031.82 004 aMi awl co 46.28 3.% 4,60 3.95 0.M15 0.]0 855874 1050.73 0.04 _ WONT 054.W -6.28 5.61 4.15 5,03 0.WOO25 0.97 95M55 1150.11 0.0 OMt 2578.W -8.4/ 2M1 2,39 0.DOWN 044 W94.0 824.55 0.03 A10400W�W31 4]T].W 4l41 353 3.54 OM17 0.70 685269 844.48 004 At04-0OIXI W31 5833.W AAi 3.95 399 OWW21 081 72M76 W4.97 0.05 AID40000 W31 8843.W 45.41 6.07 5NI O.WW32 1.M 8219"1 939.14 O.W Al04410A0 OMt 257BW 4.M 240 -2.0 2.40 OWW2O 0.55 487989 96341 am A104011W_W31 4MW 4M 355 -2.01 3.58 0000035 On W34.80 1451.17 0.M AfO1LOiq_W3f 5833.W 4.M 4.01 -1.58 4W OMM41 0.93 670388 1553.]6 0W �A104-0DW W31 6843.W 4.08 5.11 A.45 5.13 OOWOM 1.19 NOS 98 17M 97 a AIM--0000031 NN3.7."' 2578.W 4.08 240 .2.45 2A1 OWW20 0.57 453715 M8.42 ON OW1 _ 4MM 4.0 3.56 -201 357 OODOOM ON 5575.28 927.89 0.DO --WJt Sm:lm 4M 1 402 .196 4W 01WW43 0.97 5990.54 1127.13 0.0 _-W31 OWN 4.M 5.11 A." 5.14 O.Womo 1.M 8998.83 1]48]5 ON W31 MOP 2578W 4.08 242 -245 243 O6OW20 057 4552.46 M985 ON 4MM 4.0 359 -2,011 3W OWW3B 0.85 5598.96 9W.18 OM 5833.W 4.M 4M -188 C"I 0WW43 0.97 507,01 9]0.08 1 07 AfOtOODO ONt 14213. w3W AN 5.13 -1.45 5.16 0.0000501 In 7017.40 107,W 0.06 _=I O I 0031 _-W31 IQM 27W.W 4871 W 5619W 83S4M 4.08 4 N 2,43 3 W 4.0 5,14 241 4N 4.04 5.18 OWOD23 0.000032 00=7 O.00WN O.N ISOI.IS S9N.76 W7A7 76M04 1=92 1043.43 1083.37 1IM.31 005 ON ON 067 0.78 W III Am 4.08 _0031 _ON 2758.00 1N31 W1W .0,05 SN 2" 362 -4.77 4.17 2," 362 O.WOOW OOW016 047 067 5N973 892188 W.W 912.0 003 OM ON/ ONI 15NI. ' W19W 15N1. E3MW 5.05 5.05 4W 5.19 420 -3,77 4.08 520 OOOW20 O.WW31 on 1.W 73W.04 8383A5 1N227 IMM ON 0.08 _OW1 1]00]. 1 2NB.W -9.81 245 246 0000012 0.4B 57WO f037,81 OW A104444p W31 atwauW ONt 17907. 41NW t1W1. 53011.W -981 -981 384 4.W 354 4,09 0.000018 0.WW21 0.63 on 711023 nOSM 1306.85 1356.Y 0.04 ON -- - atw-a0A0 W31 17007 W51 W -8.61 523 524 0,000028 0.81 9756.36. 2251.13 ON AlN43 u 0Nt t9J25.n 1751.00 S.W 249 2,49 OWW29 0.57 SWIM W.17 ON 'A104a0-00__0031 19ant3� num S.W 370 3.71 0.000014 on 45819] 1584.36 ON -W W31 19325D 36M.W 5.80 4.14 4,15 &OWNS 0.81 5 .47 1798.74 OW W 0031 119325 l3 5439.W S.N 5.31 5.13 O.WW42 0971 7m.871 2508.06 007 =1 -W31 19419.11 �i 1751,W S.N 2.49 -3,29 250 O.W0024 0.61 28720 8W23 ON �19919.11 2W2.W Smi 370 -271 3,711 0.000033 ON N1/22 1042.13 ON m1 !1941911' 380400 Am 414 -246 4.1E O.WW40 0.94 388285 1204.45 OW W31 IN1913 54N,W .5,80 531 -1.N 5.34 0.000052 1.21 4596.78 IW" ON 00-1 1W1 ---W31 19184 NOW -5.80 250 4.0 2.0 0.WOW5 0.28 W3.55 BN.42 002 . 10400-00_W31 TB4&4 12W.W -5.80 3.71 -3.58 3.71 O.WWW 018 3611.65 1711A1 Om _ A1WW00_0031 19464. 1N6.W -5.80 4,15 4142 4,15 0.000007 010 3882N 2450:75 0.03 AIMOOW W31 1 MIN SW 5.31 4.01 5.32 Oomwel 0.51 4s94.N 2998.45 ON AiMWW W31 AIO4-0050=1 AIOn0.00 W31 WON 12W.W 1N9.W S.W -5,801 -5W 2.50 371 4,15 2.50 3.71 DOWNS OWOW7 0,28 0.35 =9 W 42NM N9.72 1219.67 002 OW OW 4.15 OOOOW] 0.39 4829.5E iN2.N AIMWW =1 1 2291W -6.N 532 532 OOWON 047 77N.10 W46.51 003 AIMWOO W31 AIMW-W=1 Alw OW W31 AIMWW W31 NO.W 12W.W 1539O MI OD -5.88 -5.N -5N -5.118 250 371 4.15 5M 4.% 429 4.17 -3.87 2.50 3.71 4,15 532 O.000002 O.00OOW 0.WOOw 0.000005 0.22 On O32 041 3795,55 45W 03 ml111 SSn.BS 887.23 11 M.14 121623 IQ424 O.W O.W ON O.W Atpl-Op-0O W31 19565 A104t -OWt INN WOOO -5.N 2.51 4.57 2.51 O.WW02 022 3]99.N BB9.N 0.02 Ala9d0.00Gmn 195N.26 12W.W 4.Wl 1.71 429 3.72 0.00W03 028 4555.63 1183.00 Ow A104-00500031 195982E 15N.W S.85 US 4A7 4.16 0.000)04 On 4N502 1214M 0.02 AI0t0000_W31 195N.1q 2291.W S.N 5.32 4.N 5.32 O.WWN O./f 5579.W /422.W 0.02 A104 4000631 1961898 820.W SN 2.51 2.51 O90WW 021 404522 IlWAO 0.02 _ A1w-0OUO W31 19518.5E 120O.W AIN 372 3.72 OOOOW3 028 5553.110 1431,41 0.02 A1M WAO W31 19518 15N.W S.N 416 1.18 O.000ON 0.31 B1N./9 /4M21 0.02 AIO-00-00 W31 19516.5E 22B1.W S.N 5,32 SM. O.OWWS 0.39 8323.28 2271.00 0.02 A1044 0031 20516b1[ MGM 495 2SI -320 2.61 DOW 0" 33N.0 121)9.40 OW A10400-00 W31 20818N 120.W -3.95 372 -3.W 3.72 OWWOS 029 "N.M 1934AI 0,02 A1049000 =1 i20 is Im,OO -395 4,16 -2.90 4.18 DOWNS OM N23.19 2W4.W 0.02 A1040000 W31 22B1,W -3,05 532 -265 5.33 0000005 037 906487 =83,72 002 A1040000 WWI _ Al040600 OWt _ A1019000�W31 AIOCOD- 0031 22407. SON 129O.W ISM OO M91.00 405 405 4N 4.05 251 372 416 5,33 4.98 -2.n -200 -229 2.52 O.WWOS 028 2B22M 1213.31 0.02 3.n 4.16 SN OOOOOOS 0.35 3709.71 1504.23 0.03 O.OWW7 0.39 400.74 1581.54 0.03 OOWON 0.43 7510.60 Im.71 OW A104WW_OR11 23I1t.OF WON SAS 2.58 259 OOW157 lul 821881 64591 0.12 _ ,A1M56W_ONt 23133. 12W.W 4.15 3.75 3" 0.000134 In Imso 101929 O,1i A1M5000 031 A101-0060 W31 A1p40090 W31 153900 2291.W W.W 5.15 4.15 5.15 4,19 5.W 2.60 4w 421 5.37 2W OMOI29 O.W0114 O.W0002 10 155 0,17 nn.n 1139.0 0.11 3712.16 1342.3E 0.11 0,01 mm 356.72 _ Al0150.00 W31 R10440W =I A104OOW A1MW W 1N.W 208:00 3N.W -GA5 4,15 415 3.78 422 538 471 4.57 4,17 3,76 4.n S.N 0.000W3 O.0W004 O.OWOW 0.28 84229 07.13 0.02 O.W 0.43 88245 7N.N 455.90 61444 ON ON sr one o1.,..CCAA nermem. rr...,4:..�.ew1 0031 23341.93 86.W A15 ZOO -5.05 2.60 OA00001 0,16 535.35 360.]3 001 AlNa 00_0031 2324193r 153.00 -0.15 3.00 4.76 3.80 0.000003 024 4WM W37 0.02 A104.00-00 0031 ]]]4t 93 1B9.W 415 124 J.83 4.25 0.000M3 0,28 684.84 468.54 0.02 A104-(K150 0031 23241.93 308.00 415 340 415 5.40 0.000005 0.39 18 M 845.09 002 A10400W AID40000 A1045000 00:11 84.00 14000 185.00 298.00 231]8 -= Mdoe -0A7 447 4O -0A7 2.60 3.01 425 6.41 4]2 -5.56 -5A7 -521 2.80 381 425 541 0000000 0500000 0.000001 0.000001 007 0.10 0.12 0,16 121495 1473.19 1569.55 182093 20703 217.23 IIO 71 229,8/ DOI 0.01 0.01 001 OW1 23613. _ ]3.W -7.91 2W -082 0000000 005 135 % 20].]5 O.W 2W A104-00-00_=1 235N. MOO -7.91 384 4655 184 0.000WO ON 1518.13 21BOI 001 P1040600_0031 23640. 155W -7.91 4.28 -043 4,28 aOW) ON M40 221.W 0.01 Af040000 =1 23543. 248.W -291 5.43 413 543 O W0000 0.12 1975.89 2W43 0.01 A104-06W O4R1 A104-0000 =1 95.W 111.W MOD 213.W 83.W 108-00 -791 .1.91 -7,91 -7.91 406 4 W 2W 3.85 429 5.14 260 3.86 2.60 385 429 5" 260 3B6 OOOW00 DMO000 00000W 0.000000 O.000Wf 0000001 0.05 0.07 001 0.11 O11 0.15 l:1sM 1620.13 1717.W 202827 507,01 711 Q 20275 218.58 221.87 422.52 11185 11]52 000 000 0.01 001 001 0.01 A104WU0_=1_ A104u000 0031 -_ ,A10400.00 W31 AIO4 000031 A1040000_0031 INN 4mi 4.30 430 0000001 0.1] M55 119MI 001 _ Al04W 0 0®1 MM 408 545 5.45 0.000002 023 917.30 148.87 0.01 A104-O0.W 1N31 A1M-06W =1 A101d600_W31 15.00 22.W 25.00 -7.33 -7,33 360 387 459 447 2.60 0.000000 002 0.00 O.W ]50.42 914 BB 371.W 435.W 387 0.000000 002 +7.33 -233 4.31 546 443 432 411 548 0.OWN) 0000000 0.03 0,02 972W 237175 457.12 857W 0.00 OW AIM-W5p W91 21IE3: 33.00 FA104-0600=1 2 4.7 288747 - _ 500 1100 470 2W 260 0000000 001 88200 Inn ON 4]O 308 3.BB 0.000000 6.61 85445 13288 ON �At0406W_0031 AID1-06W_W3III --- 2 4.7 12W -070 4,321 1 432 OOOOWO 0,01 915.49 139.W ON A10460-000031 28824.2 is 15.W 470 547 5.0 OOOOOW 0.01 1110,08 2]10] O,W A'0 -O0_0031--'2B3W - 4W -7.58 2W 280 0.000000 001 ]3)40 128.21 0W nt04WU0_W31 2NW COO -7.58 3.89 3.89 0.000000 0.00 9I1588 133A9 ON _ A104 p0D -Cb 26380 .. 5 W -7.58 433 4.33 0.000003 0.01 264.75 135.29 Ow A,W-M 00031 5,00 -7.58 548 548 0,000000 ON 12U 56 NOW 0.00 A104-0000_W31 A104-0000 OWt _ A1041p00 MI A104-00.00_OW1 1150.00 1]3390 2 m 298.30. 2852.00 446 -0.46 -0.46 446 2,98 4.10 4.52 562 1.31 1.B] 189 2,21 3.04 4.18 4.58 58B 0.000676 0.000413 0.000389 OW0321 1.97 1.99 2.W 2.23 524.81 1026.91 119408 1)45.65 49593 88).]0 105855 1]]9.29 On UO 0.19 0.18 AI04-0050 =I 28901 113100 492 30B .2.16 3,15 0000238 2.04 811.88 375.37 0,15 A104410W_0031- 288M28!t. 1)W00 -092 4.10 -1.31 4.28 0000286 2.52 918.47 832.14 0.17 A10t 400_=I 49B612k 2013W 4192 4W -091 4.71 0000318 2,76 109OW ]83.01 0.18 A1C4-00500D31 29964 MOO 492 588 -O.W 5.82 0000347 3,17 1820.95 1314.73 020 M040100 W31 1113.00 -5.23 3,18 -1.W 3.23 OM12 1M ]90,15 NOW 0,14 A104-0000 0031 A104-00,00 W31 AID4W00 OWt 1882.W 198300 276].W -523 -523 4.29 4.73 583 -0.59 -02] 042 1.35 0.00022] 2.18 1MS.N 885.58 0.15 4.80 592 0.=239 0.DOOM 234 258 1]BB.91 2701,51 1030,95 12M79 0.10 0.16 -5.23 A10400800031 A1040050_0031_ A104-0000 003t t098.W 1859,W 195900 4.11 J,11 J,11 3.28 4W 481 -1.W 3.38 OOOWt] 2.83 40184 159.08 023 -026 0.09 4.54 499 0.000826 O.OW830 330 352 645.BB M15 W42 382.83 02] 027 A104L0011_0P31 MOM 4.11 589 092 6,11 0.000815 384 1169.50 W.33 028 A104000U W31 A101-00.000Wi AID4C600 Wit_ 1085.00 1643.00 1938.W 4.11 4.11 J.11 3.30 442 484 -101 -0.28 007 343 403 5.10 0000400 0000]80 OOOW)9 2W 387 101 375.33 60.82 MI 9].N 021 0.20 028 H1W Q98] A104-00O 0031 A10406W OW1 2)02.W 04tl98 4.11 593 ON 925 OW1143 4.58 04828 ]43.26 0.32 -... A1pHNh00_W31 W)58 - 10B5.W 4.11 3.35 -101 3.48 0000188 257 J]0.32 1W.]2 020 A10406Op OWt A104-00-03 E"- A10W040=1 Al 1843W 19MDO 2702.00 1W5.W 4.11 4,11 4.11 4.64 517 6.02 3.30 428 007 OM d.01 4.84 5.38 6,32 0000W 0000683 O.W1084 354 484.09 19554 025 382 4.51 NO73 84127 381.931 918.22 028 On Jdi 4411 348 0.000488 _ 28] 3)B.63 119.31 0.20 At 1643W 466 -020 485 0000722 353J 45555 194.39 025 IF('_R5C Pl- FFM 30m Imm 4.11 5.19 0.0i 6.41 0.00086] 3.80 W4.16 373A] 0.28 003/ FA1040000 OW1 W"Z/ 2]O2.W 4AI BW 0,09 8.35 O.W10]2 449 815.11 611.38 031 _ OW1 311W ' IDW.W 194 3.61 369 0.00030/ 226 50].13 2W.29 021 19/-WW OWt 311W.1 161250 -394 4.98 50] 0.000394 247 82236 26934 0.19 At04410A10 W31 _ �09400W_OWl _ 00I1 0031 311901t 190150 31IW17 28W.W 31suN 1010.20 9161321 Imm -3.94 -3.94 -343 -343 5.54 6.49 3]8 5.14 4N 429 5" BW 3$1 5.10 0.W03M 0.W0426 0.MUM 0W0178 2.80 3W 1.45 157 985.96 131541 ]1).19 1035.15 296.05 43996 INN ON 41 019 021 0,13 0,13 0031 31613N 18W.50 343 530 -0.05 514 OOW168 IN 11W.45 29285 0.13 OW1_ 318132t 2597.20 -3.43 &W 0.53 514 0000181 182 1526.64 C35.55 0.14 IATW-WLO_0030 _ A1dA100_00]0_ 32118. - Bi1.B0 Y2119. BW.W 440 -2A0 3.00 522 3.W 524 O.WWO5 0.WW70 ON 1.07 027.06 886.]6 16397 2W.57 0% OW A104-00.00WW 32118. 1051.W -240 5.78 5W 0.OWO9) 1.12 101583 2487 000 A104WW WW 321t8 138840 -240' 6.76 6.W 0000089 126 1=01 33116 009 A04WL0 WW A10400-000030 A10400-OO W W _ AIM WN WW 32393. 59OW 3238J 803.00 3Z3i. 1 W5 W 32363 1W9.W -2.35 835 -2.35 -2.35 3.88 5.21 5.19 679 3.91 5T] 582 6W 0OW141 0.000110 0 NOW 0.0WIN 1.21 1.30 1.36 153 4W50 718.13 825.28 10)90) 142.49 187.11 m 36 ]4688 0,11 0.10 0.10 0.10 AtOLDO-00_WW 32935. 559.W I329]6. -191 388 041 4.W OOWIW IN 43138 128.44 0.13 A10400-00 WW 829W -191 531 195 534 0,OW139 I 62484 163.02 0.11 A1040000_0030 329%. 967.10 -191 5.88 1.21 559 09W128 141 718,22 1N93 0.1f Alwo"0 W30_ 329:15, 1323.W -191 655 159 6.89 0.000130 150 946.W 32598 0,11 A104-0OW WW A10400-00 W30 3J494. 544.W 3'3484. No 49B 495 4,16 544 0.81 1.30 421 ON 0000541 OA00412 1.92 1.82 283.74 "IN 103.41 14194 020 0.16 A104-00.pp WW 33484. 940.W -1.96 598 152 603 OW0361 1.W 522.93 224.35 017 At043000 WW 33154. 1289.W -196 696 2.W 201 0.WW87 1.W 747.]9 39409 OAS Al0a,00d300W U131_ 525.W 445 441 112 451 0.000384 201 2W.93 6]90 O18 A10400A0_OWp 3N31. ]]9.W -t48 5.70 l."I 5.'!] O.W0418 2.19 385.W 105.58 0.19 AfO4WU0_WW 34131. WON -1m On 1.87 6.W 0,OW448 2.23 428.43 129.59 010 -"-- WW 34131. 12WW .146 7,18 243 727 0.W0483 2.40 59125 2W.37 On 00W 34Y1 514W .2.13 466 473 0000862 2A2 24195 87.38 022 _ WW 9{55194 761W 2.13 5W 597 0.W0511 2W 388.61 119.06 ON mW 34551 B4 OWN -2.13 642 648 O W0429 257 434.45 131 % 0,19 _ OWO 3455184- 1225W -2,13 ].3] 7.15 00W391 2.25 5]228 157.58 OA9 _ 00W 35089 88 fi 499. W 4.79 ON 5.00 0900619 2. W 217.16 M 95 0.22 WW 35W966" 140.W -079 6,17 6.27 O.WO545 2A7 29927 ]38) 022 1W89 964.W 479 6BB 6.]8 DiW05J1j 2,57 34122 124771 0.22 AI0 W Wb �T3808986 1194.W -0.79 ]W ]]2 000 % 2.98 492291 1I5.68 0.23 AIO 0-00WW 35313. - 4930 479 507 256 ON OW1821 5.W 93.W 68.44 0.40 AI04-0000 WW 13. ]3100 4n 6.18 346 6.63 0W1942 6.55 11187 )3.83 0.45 A104W00 WW 3W13 864.W -079 6.61 3.88 i40 OW21W 7.16 119.24 121.99 048 AIN4 430 WW 15313 1191.W 479 TO 4.91 8.65 0M820 8.87 133.16 213W 0.56 A194-00-W COW Al04900D COW �A104-00W WW Al WW _ A10400W W30 CUNM 490.W 7280 BI9.W 35429.W 1174.W .1,17 -1.17 .1.17 .1.17 6.18 10.15 11.39 11.79 275 376 424 5.41 ].13 10.51 09W9B2 O.W0553 4.74 4.82 10349 15010 69.54 563.W 031 026 IIAI 11.81 O.WW451 1.12 1728,41 898.1] 0.07 OWW88 141 "Wul 921.78 0.W A104N0 003p_ A104A000m_ 30 A104L0000p]p Af04-00000030 OB,W )WW 821W 1117.W -i.i] .1.1] -1.17 -t.ti ].16 1054 1139 it T9 ).19 10.38 O.W0148 0.W0055 1./2 1.14 W).]B 89768 72.13 ON 24 0.12 000 1141 11.82 0.WW44 0.000p07 1,10 140 10921 OW.21 007 198853 W280 O.W A104040000W Wt 412W -1.0 726 2.84 128 OW0129 1,23 334.56 7945 0.11 AMWW 00W W182 NO -1,02 1050 340 10.59 0WW48 0,97 829.8] 133.40 007 A104000000W 39182. 711.W -1.02 1142 395 11.43 OWW45 0.99 ]43.35 513.55 0.07 A10409 WW 991W -102 11.84 421 11861 OWW72 1.W 828.55 8]6.5] 6.W Al WW _A A 3W.W 518.30 80520 0.95 095 095 I 7,35 1081 11,0 3,83 4,25 7.38 tOW 0OW170 OOW052 129 0.93 2]2M 556.58 ]SW 111211 0.12 007 OH 11A6 090004] 0.01 7W 671 20858 007 n mW1 001 Ilml 4011191 0.M75 Iml W36f 1 2W.18 OOB HEC-RAS Output for A104-12-01 HEC R S R. FEMAe80807r River At0412-01 ReeCi'. A10F12d1 51310 i2<FI 18T - 781,50 J.35 -3.35 3.02 5.18 -1.54 -1.21 3B31 5A9 0.000050 0.000045 0.80 0.91 675.16 1055.17 208.31 339.47 0.97 0.07 'A704i2-01. T872R6 924.70 3.35 575 -1.01 576 0.00DD46 097 1258.0E 38 m 0.07 1314,50 -335 874 -0.54 6,76 0.000055 1.17 1713.17 57811 0.08 50200 768,00 p100.1t 910.00 3.87 3.87 3.87 385 521 5.77 Asi -1, 13 .0,90 3.86 5,22 5,79 0.000086 0,000062 0.000063 0.92 1.0B 1,14 560.70 BO498 928.72 153.19 205.85 23&07 009 0.08 OOB Al l 1292.DO AtO4-12-01 i 487,00 A1041ZM i 751,00 A104-12-01 t 891.00 4,87 3.10 J.10 6.75 3.87 5,23 5.80 -0.38 -1.18 -0.73 .0.51 6,78 3.89 5.26 5,83 0OD0077 0.000072 0.000084 0.000117 1.38 1.12 1.40 1,40 1240.17 434.81 537.33 635,57 41508 83.78 112.71 16992 0.09 008 0.09 0.11 3.t0 At04-12-01 1025.284 1263.00 -3.10 6,79 0,00 6,83 0.000137 1,68 804.48 356,63 O12 A1041201 !Al zi AIO412-01 A10412- 'A104-12d1 1 Wdge 1 .' 486,00 1 748.00 1 888.00 10B5. - 1258.00 3.22 J22 3.22 322 3.95 5.46 6.16 715 -121 -0.77 .016 -0.07 3.96 5.47 6,18 7,17 0.00DD58 0000062 0.00D081 0.OM74 0.99 1.07 1.13 1.37 48914 80977 986.12 1310.98 153.70 20857 325.70 560.69 ON 0.OB O.C6 009 Ai04-12U1 1631 469.00 3.36 400 411 4.02 0.000064 0,94 507.95 123411 008 At04-12-01 At04-12d1 A104-12.01 i 729,00 867.00 1228.00 -336 -336 3.36 549 6.19 7.19 -OB8 -047 0.01 5,51 6,21 0.00006E 0000063 0000077 109 1.14 1.39 720.12 B46.81 1100.44 183.70 202.4E 450,24 0.08 0.08 0,09 722 A104-12M A10F12-01 455.00 713,00 -2.48 -248 4.04 5.52 -0.28 027 4.07 5,56 0.000152 00DO151 1,39 1.62 327.33 472-89 78.91 138.90 0,12 0.12 A400.12-01 AIW4 -01 A104-1241 2H 848.00 2t 1198,00 442.70 -2.48 -2.48 -1141 6,22 7,23 5.011 0.52 1.10 827 729 0000142 0,000169 1.69 2.04 569.79 728,41 157.31 191,04 0.12 0.13 3.77 5,561 0.62 0.0058u 6.041 99.65 104,18 _ At04-12-01 A10_4t2-01 A10 12-01 2 69750 2 831BD 117290 A 14 -1.14 -114 6.10 665 7% 529 563 BM 6.59 7.06 0003831 0002910 &04 5.74 283.23 446.15 266.38 394.34 0.53 047 0.40 783 OW1971 522 07.35 791.84 A104-12-01 3057251 358.00 482 6A3 BAB 0.000508 1.86 203.21 106.53 0.19 �A104-12-01 3057 541.00 -0.82 7O4 7.11 0.00D449 210 33127 163.88 0.19 FA10412-01 A104-12_-01 BMW MOO 482 -0O 82 7.45 8.16 7.52 8.25 0.000431 0.ODD465 2.20 2.54 402,48 628.85 199,86 484,97 0.19 020 A10412-01 31 - Giveel A104.12-01 3186• 338,00 0.47 7,00 4.19 7.06 0,0005111 1.94 237.74 137.201 0.20 At0412-01 318E.055 508.00 047 895 532 8.98 0000165 1.54 895.89 676511 0.12 A10412-01 _ 31BB. 595.00 OO 9,20 5.49 9.23 0,000177 1.64 1065,58 714,80 0,13 A104-12-M 31 828.00 047 949 591 9.54 0.000256 2,05 1284.70 77565 0.15 A10412-01 �A10t t2_-01 28E.OD 4190D 028 028 7,17 9.02 4.11 4.86 7.22 904 0.00D398 0000140 1.74 141 188.21 789,35 103.77 82557 0.17 0.11 A104-12-01 A104-12-01 489.00 672 OD 028 028 9.26 9.59 5,21 5,76 9.29 963 0000147 0000199 1.49 1.SO 100348 1324,13 973.68 1073.17 0.11 0,13 A10412-01 229.30 1.78 745 5.31 753 0.00081 41 103.80 55,85 0,24 A104-12-01 A10412-01 32370 M501 178 1781 9101 9,351 5.75 5.951 9151 qQj 00002851 0.00029i 1 1.83 1,01 335231 470,421 460.03 661.78 0.16 0.16 A104-12-01-4 507 301 1,781 9701 6411 9761 0,DDD3351 2.171 796,381 909.35 0,17 il all, 4D ' Civillecog Engineering, Inc. Clvll Engineering - — Water Resources Transp"tion Structures Economic Analysis MEMORANDUM TO: Julian Garza, P.E., City of La Porte CC: Melvin Spinks, P.E., CivilTech Engineering, Inc. FROM: Ashish Waghray, P.E., CivilTech Engineering, Inc. DATE: November 3, 2011 RE: Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas. Drainage Area and Survey Data Review Meeting Agenda This memorandum includes the agenda for the drainage area and survey data review meeting for the Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00, City of La Porte Drainage Project No. 19. The meeting discussion items are presented below. I. Data Collection 1. Data acquired: The following documents have been provided by the City of La Porte: a. Taylor Bayou Watershed Master Drainage Plan, Tax Increment Reinvestment Zone #1, La Porte, Texas, August 2003, CivilTech Engineering, Inc. b. City Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, January 2009 c. Study Letter Report #1, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, March 10, 2008. d. Draft Study Letter Report #2, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, May 7, 2008. e. Draft Study Letter Report #3, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, October 3, 2008. f. Preliminary Engineering Report, Ultimate Detention Pond Analysis to serve Lakes at Fairmont Greens, Section One through Nine, October 2006, Ion Design Group LLC. g. Construction Plans for Port Crossing, City of La Porte, Texas, 2006, Goldston Engineering, Inc. h. Construction Plans for Baymud Drainage Project, Pinebluff Subdivision, CLP Project No. 2007-4801, City of La Porte, Texas, 2009, City of La Porte, Texas, Planning Department/Engineering Division. Q1201 IUl0017\Cortespondercc\Prcject Meeting 11-3-201 l\Mccung Agcnda_I 1.3-11.dacx Houston 11821 Telge Road. Cypress, Texas 77429 • Tel: 281-304-0200 • Fax: 281-304-0210 company0civiltechenge0m • v .cnnitachengcom Memorandum: H&H Study for .,.,.jr Bayou November 3, 2011 Page 2 of 3 i. Construction Plans for Oakhurst Drive & Westview Drive Drainage Improvements, Sanitary Sewer Improvements & Service Relocations, CUP Project No. 2009-4804, City of La Porte, Texas, Planning Department/Engineering Division. j. Drainage Maintenance Drawings for Fondren Street, February 2010, City of La Porte, Texas, Planning Department/Engineering Division k. Plat Map for Shady River Section —3 dated March 1966. Revised Preserve at Taylor Bayou General Plan dated August 13, 2009. 2. Data to be provided by the City of La Porte: The COL will attempt to acquire and provide the following data: a. Record construction plans for Shady Rivers Subdivision. b. Record construction plans for South Broadway Street. c. Record construction plans and drainage study reports for drainage improvement projects constructed within subdivisions east of South Broadway Street. d. Record construction plans for City of Shoreacres and Sunrise Drive cross culvert. 3. Hydrologic and Hydraulic Models: Latest FEMA Effective hydrologic and hydraulic models have been obtained from the Harris County Flood Control District. 4. Photograph Catalog: A preliminary photograph catalog has been developed to document the existing conditions. 5. Shady Rivers Finished Floor Elevations: Finished floor elevations of houses in the Shady Rivers Subdivision to be provided by the City of La Porte. II. Discussion of Survey Data 1. Discussion on the survey data collected as of November 3, 2011. 2. Discussion on the survey data collection along HCFC Unit A104-12-00. 3. Discussion on the survey of the cross culvert across South Broadway south of McCabe Road draining into HCFC Unit J114-12-00 and the roadway profile along South Broadway Street. III. Drainage Area and Land Use 1. Discussion on the pre-existing and existing drainage patterns within the Taylor Bayou Watershed. 2. Discussion on the land use characteristics within the watershed. Memorandum: H&H Study foi . _;. x Bayou November 3, 2011 Page 3 of 3 3. Discussion on the subareas delineated by CivilTech Engineering —record construction plans, drainage patterns, and land use. 4. Discussion on the drainage improvements within the subdivisions east of South Broadway Street and their effect on HCFC Unit J104-00-00 and HCFC Unit J104-12-00. IV. Photo Catalog 1. Discussion on preliminary photo catalog developed by CivilTech Engineering, Inc. 2. Discussion on final photo catalog requirements. Civi ITec. j Engineering, Inc. CNII Engineering Water Rewurces Transportation Structures Ec rnk Analysis MEMORANDUM TO: Julian Garza, P.E., City of La Porte CC: Melvin Spinks, P.E., CivilTech Engineering, Inc. FROM: Ashish Waghray, P.E., CivilTech Engineering, Inc. DATE: September 28, 2011 RE: Hydrologic and Hydraulic Study for Tailor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas. Kickoff Meeting Agenda This memorandum includes the data collected and the agenda for the kickoff meeting for the Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00, City of La Porte Drainage Project No. 19. The meeting discussion items are presented below. I. Data Collection 1. Documents Acquired: The following documents have been obtained: a. City Wide Drainage Study for the City of Lo Porte, Letter Report #1, dated March 10, 2008, prepared by Klotz Associates. b. City Wide Drainage Study for the City of Lo Porte, Letter Report #2, dated May 7, 2008, prepared by Klotz Associates. c. City Wide Drainage Study for the City of LaPorte, Letter Report #3, dated October 3, 2008, prepared by Klotz Associates. d. City Wide Drainage Study for the City of LaPorte, Final Report, dated January 2009, prepared by Klotz Associates. e. Taylor Bayou Watershed Master Drainage Plan —Tax Increment Reinvestment Zone .#1 dated August 2003, prepared by CivilTech Engineering, Inc. 2. Discussion on other pertinent documents and studies to be obtained. Q:U01IUI0017\CortespondenceWWing Agenda _09-28-1 le.docx Houston 11821 Telge Road, Cypress, Texas 77429 • Tel: 281-304-0200 • Fax: 281-304-0210 companyOcivihechengcom • w .civiltechengcem Memorandum: H&H Study foi 3r Bayou September 28, 2011 Page 2 of 2 3. Hydrologic and Hydraulic Models: Latest FEMA Effective hydrologic and hydraulic models have been obtained from the Harris County Flood Control District. �ri�, [� l/�.••� i4 4. Photograph Catalog: A photograph catalog will be developed to document existing conditions. Discussion on the requirements of the catalog. 5. Shady Rivers Finished Floor Elevations: Finished floor elevations of houses in the Shady Rivers Subdivision to be provided by the City of La Porte. 6. HCFCD Channel Survey Requirements: a. Sufficient spacing of cross section surveys. b. Extend the survey 20 feet beyond the existing channel right-of-way. c. Survey benchmark, datum, datum conversion factors, and surface to grid scale factors. d. Data formats: drawing and ASCII files. II. Agency Coordination: Discussion on coordination and approval requirements from the Harris County Flood Control District and FEMA. III. Mitigation Locations: 1. Discussion on potential mitigation locations. 2. Discussion on utilization and expansion of existing detention/mitigation facilities. �6Y-/2'OZ X �G r 717Kr�M1 ., Attachment 1 Scope of Work Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-W City of La Porte Drainage Project No. 19 The City of La Porte City Wide Drainage Study (CWDS), dated January 2009, recommended channel improvements along Taylor Bayou, HCFC Unit A304-00-00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would reduce potential overbank flooding within the Shady Rivers Subdivision during a 100-year storm event. Although not included in this scope of work, it should be noted that CWDS also identified HCFC Unit A104-12- 00 as contributing to the existing flooding problems in the Shady Rivers Subdivision. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104-00-00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 100-year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. This hydrologic and hydraulic study is not intended to update or revise the FEMA Flood Insurance Rate Maps (FIRM) for Taylor Bayou, HCFC Unit A104-00-00. The FEMA floodplain limits and detailed hydraulics for Taylor Bayou, HCFC Unit A304-00-00, end just upstream of Shore Acres Boulevard. City of La Porte CWDS Report Information (January 2009) 1. Drainage Project ID: 19 2. Channel: HCFC Unit A104-00-00 (Taylor Bayou) 3. Location Benefiting: Shady River Subdivision 4. Modification Type: a. Channel Improvement b. Mitigation Pond 5. Description: a. Trapezoidal Earthen Channel (Grass) i. Length = 1,608 feet ii. Maximum Top Width = 78 feet iii. Typical Side Slopes = 3H:1V iv. Excavation Volume = 4.2 acre-feet v. Total Land Acquisition = 1.5 acres b. Channel Dimensions i. Sta. 33196 to Sta. 34404 (Improved Length = 1,208 feet) 1. Channel Depth = 8 feet 2. Channel Bottom Width = 30 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 78 feet 6. Est. Min ROW Width = 118 feet (20' Maintenance Berms) Uv ffech Page 1 of 3 Engfnemng' Inc. 7. Land Acquisition Area = 1.1 acres 8. Excavation Volume = 3.4 acre-feet ii. Sta. 32796 to Sta. 33196 (Improved Length = 400 feet) 1. Channel Depth = 6 feet 2. Channel Bottom Width = 40 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 76 feet 6. Est. Min ROW Width = 116 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.40 acres 8. Excavation Volume = 0.80 acre-feet c. Mitigation Pond i. Dimensions = 255' x 255' (includes 30' maintenance berms) ii. Excavation Volume = 6.0 acre-feet iii. Pond Depth = 5 feet iv. Pond Side Slopes = 4H:1V v. Land Acquisition Area = 1.5 acres 6. Total Estimated Land Acquisition = 3.0 acres 7. Total Construction Costs = $361,000 a. A104-00-00: Channel (Total = $113,000) i. Construction Costs with 25% Contingencies = $56,000 ii. Land Costs = $57,000 b. A104-00-00: Mitigation Pond (Total = $248,000) i. Construction Costs with 25% Contingencies = $188,000 ii. Land Costs = $60,000 8. Channel improvements and mitigation pond should be constructed simultaneously. Scope of Work This scope of work includes the following tasks: Task 1— Project Coordination and Meetings This task includes project coordination and meetings with the City of La Porte and the Harris County Flood Control District regarding the project development. The Consultant will seek preliminary approvals related to the proposed channel improvements and mitigation based on the study technical findings and recommendations. Task 2 — Data Collection and Review This task includes obtaining and reviewing all pertinent drainage studies and information including but not limited to hydrologic and hydraulic models, GIS mapping, CWDS reports, previous drainage study reports, land use maps, right-of-way maps, record construction drawings, subdivision plats, etc. A site visit will be performed to document existing drainage patterns and drainage systems for the project. A photograph catalog will be developed to document existing conditions. Task 3 — Hydrologic Analysis The FEMA effective HEC-HMS model for Taylor Bayou watershed will be revised (pre -project conditions) to update the drainage boundaries and land uses for existing watershed conditions Ch91Tech Page 2 of 3 EnyneeMn& Inc. in Subwatershed A104A. Subwatershed A104A encompasses the area upstream of SH 146 for Taylor Bayou. Subwatershed A104A will be subdivided to compute peak flow rates along Taylor Bayou from its confluence with HCFC Unit A104-12-00 to SH 146. Peak runoff rates will be computed for the 10%, 2%, and 1% exceedance probability events. Post -project hydrology will be determined based on the proposed channel improvements. Peak flow impacts will be determined between pre- and post -project conditions. Task 4 — Hydraulic Analysis The FEMA effective HEC-RAS model for Taylor Bayou, HCFC Unit A304-00-00, will be extended from it current study limits at Shore Acres Boulevard to SH 146. New surveyed channel cross section will be obtained in accordance with HCFCD requirements. The surveyed channel cross sections will be supplemented in the overbank areas with HCFCD LiDAR Digital Elevation Model data. Hydraulic profiles will be computed for the 10%, 2%and 1%exceedance probability event flows. Alternative design channel sections and channel profiles will be evaluated to contain the 1% exceedance probability water surface elevations within the channel banks along the project limits. The design channel sections will include channel transitions between existing and proposed sections. A preliminary schematic of the proposed channel improvements including channel transitions will be prepared in this task. Task 5 — Mitigation Analysis A mitigation analysis will be performed to determine the required detention volume required to reduce post -project flows to pre -project flows from the proposed channel improvements. A detailed hydrologic and hydraulic analysis will be performed to determine the required storage and control structure for the mitigation basin to mitigate any adverse impacts to downstream flows. A preliminary schematic of the proposed mitigation basin and control structure will be prepared in this task. Task 6— Project Evaluation A project evaluation will be performed to determine the feasibility of the proposed channel improvements along Taylor Bayou, HCFC Unit A104-00-00. The project evaluation will include preparing a preliminary construction cost estimate and determining the potential flood reduction benefits to the Shady Rivers Subdivision. Flood reduction benefits may be quantified in terms of the number of homes removed from the 100-year flood elevation (riverine flooding only). It is anticipated that the City of La Porte will provide finished floor elevations for homes within the Shady Rivers Subdivision. The Consultant may provide recommendations on other structural and non-structural flood reduction measures, if deemed applicable. Task 7 — Study Report A study report will be prepared to document the technical findings and recommendations for the proposed channel improvements and mitigation pond. Five (5) copies of the draft and final study report will be submitted to the City of La Porte. The study report will be signed and signed by a Licensed Professional Engineer in the State of Texas. CMITCCh Page 3 of 3 Eatineering, lac. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of between City of La Porte. Texas, a governmental entity ("Owner") and CivilTech Engineering. Inc.. a Texas Corporation ("Engineer"). ("Effective Date') Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of La Porte Drainage Project No. 19. Taylor Bayou, HCK Unit A104-00-00 ("Project"). Engineer's Services under this Agreement are generally identified as follows: Hydraulic and Hydrologic Studies as described in Attachment 1. Surveying services to be provided by Civil Concepts. Inc. in accordance with their proposal provided in Attachment 3. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Ninety (90) calendar days from the Effective Date. C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding n a months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. EJCDC E-520 Short Form of Agre nnenl Between Owner and Engineer for Professional Semim Copyright 02009 National Society of Professional Engineers for EJCDC. All rights rmrved. Pace 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. 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, then 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.. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement maybe terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other parry to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.La if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform 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. EJCDC E-520 Short Form ofAgrcement Between Owner and Engineer for Professional Servim Copyright C2009 National Society of Professional Engineers for EJCDC. All Fights reserved. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer 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. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.E the assign's of Owner and Engineer) are hereby bound to the other party to this Agreement and to the 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. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 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. 5.01 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. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, EJCDC E•520 Short Form of Agreement Bdmwn Owner and Engineer for Profmional Senddeea. Copyright C2009 National Society of Professional Engineers for EJCDC. A0 rights reserved. Pane 3 techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All 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. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for -any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. 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 EJCDC F-520 Short Form ofAgrrement Between owner and Engineer for Profcsional Service. Copyright 02009 National Society of Profesional Engineers for EJCDC. All rights reserved. Poee 4 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. 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 as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or 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: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A.• This Agreement (including any expressly incorporated attachments), 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. 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $49,250. Refer to Attachment 2 for a manhour and fee breakdown. The Owner will provide written authorization to proceed with the tasks and amounts as listed below: Task 1.0 — Project Coordination and Meetings, Direct Expenses = $5,510.00 Task 2.0 — Data Collection and Review = $5,020.00 Task 3.0— Hydrologic Analysis = $10,000.00 Task 4.0— Hydraulic Analysis = $10,620.00 Task 5.0— Mitigation Analysis = $7,220.00 Task 6.0— Project Evaluation = $3,500.00 Task 7.0—Study Report = $7,380.00 FJCDC E-520 Short Form of Agreement Bemmn owner and Engineer for Professbnal Services Copyright 02009 National Society or Professional Engineers for EJCDC. All rights reserved. Page 5 a 2. Surveying Services — Subconsultant Civil Concepts, Inc. See Attachment 3 for surveying proposal. CivilTech Engineering, Inc. applies a 10% service fee to subconsultant costs. The Owner will provide written authorization to proceed with the work and amounts as listed below: Phase 1.— Establish Horizontal & Vertical Control, Cross -Sections = $8,550.00 Phase 2 —Topographic Survey &ROW Mapping = $9,900.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer 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. Engineer's standard hourly rates are attached as Appendix 1. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Psee 6 is By: Title: Date Signed: WHEREOF, the parties hereto have executed this Agreement, the Effective Date of :atefj 99 page 1. Address for giving notices: ENGINEER: By: x Title: President Date Signed: 6/24/2011 Firm's Certificate Number: F-382 State of: Texas Address for giving notices: CivilTech Engineering, Inc. 11821 Telge Road Cvoress,Texas 77429 EJCDC E-520 Short Form of Agreement BeMeen owner and Engineer for Professional Serviees. Copyright C2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Engineer $200.00/hour Senior Project Engineer 160.00/hour f Project Engineer 130.00/hour Assistant Engineer 105.00/hour Senior GIS Analyst 120.00/hour GIS Analyst 95.00/hour Senior Design Technician 110.00/hour Design Technician 85.00/hour Administrative 90.00/hour Clerical 70.00/hour Appendix 1, Standard Hourly Rota Schedule EJCDC E-520 Short Form of Agreement Between Ownerand Engineer for Professional Servicca Copyright 02009 National Society of Profmional Engineers for EJCDC. All rights reserved. Page 1 Attachment 1 Scope of Work Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19 The City of La Porte City Wide Drainage Study (CWDS), dated January 2009, recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would reduce potential overbank flooding within the Shady Rivers Subdivision during a 100-year storm event. Although not included in this scope of work, it should be noted that CWDS also identified HCFC Unit A104-12- 00 as contributing to the existing flooding problems in the Shady Rivers Subdivision. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104-00-00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 100-year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. This hydrologic and hydraulic study is not intended to update or revise the FEMA Flood Insurance Rate Maps (FIRM) for Taylor Bayou, HCFC Unit A304-00-00. The FEMA floodplain limits and detailed hydraulics for Taylor Bayou, HCFC Unit A304-00-00, end just upstream of Shore Acres Boulevard. City of La Porte CWDS Report Information (January 2009) 1. Drainage Project ID: 19 2. Channel: HCFC Unit A104-00-00 (Taylor Bayou) 3. Location Benefiting: Shady River Subdivision 4. Modification Type: a. Channel Improvement b. Mitigation Pond 5. Description: a. Trapezoidal Earthen Channel (Grass) I. Length = 1,608 feet ii. Maximum Top Width = 78 feet iii. Typical Side Slopes = 3H:1V iv. Excavation Volume = 4.2 acre-feet v. Total Land Acquisition = 1.5 acres b. Channel Dimensions I. Sta. 33196 to Sta. 34404 (Improved Length = 1,208 feet) 1. Channel Depth = 8 feet 2. Channel Bottom Width = 30 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 78 feet 6. Est. Min ROW Width = 118 feet (20' Maintenance Berms) ch iffech Page 1 of 3 Engineering, Inc. 7. Land Acquisition Area = 1.1 acres 8. Excavation Volume = 3.4 acre-feet ii. Sta. 32796 to Sta. 33196 (Improved Length = 400 feet) 1. Channel Depth = 6 feet 2. Channel Bottom Width = 40 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 76 feet 6. Est. Min ROW Width = 116 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.40 acres 8. Excavation Volume = 0.80 acre-feet c. Mitigation Pond L Dimensions = 255' x 255' (includes 30' maintenance berms) ii. Excavation Volume = 6.0 acre-feet iii. Pond Depth = 5 feet iv. Pond Side Slopes = 4H:1V v. Land Acquisition Area = 1.5 acres 6. Total Estimated Land Acquisition = 3.0 acres 7: Total Construction Costs = $361,000 a. A104-00-00: Channel (Total = $113,000) L Construction Costs with 25% Contingencies = $56,000 ii. Land Costs = $57,000 b. A104-00-00: Mitigation Pond (Total = $248,000) i. Construction Costs with 25% Contingencies = $188,000 ii. Land Costs = $60,000 8. Channel improvements and mitigation pond should be constructed simultaneously. Scope of Work This scope of work includes the following tasks: Task 1— Project Coordination and Meetings This task includes project coordination and meetings with the City of La Porte and the Harris County Flood Control District regarding the project development. The Consultant will seek preliminary approvals related to the proposed channel improvements and mitigation based on the study technical findings and recommendations. Task 2 — Data Collection and Review This task includes obtaining and reviewing all pertinent drainage studies and information including but not limited to hydrologic and hydraulic models, GIS mapping, CWDS reports, previous drainage study reports, land use maps, right-of-way maps, record construction drawings, subdivision plats, etc. A site visit will be performed to document existing drainage patterns and drainage systems for the project. A photograph catalog will be developed to document existing conditions. Task 3 — Hydrologic Analysis The FEMA effective HEC-HMS model for Taylor Bayou watershed will be revised (pre -project conditions) to update the drainage boundaries and land uses for existing watershed conditions CIVIITech Page 2 of 3 Engineering, Inc. in Subwatershed A104A. Subwatershed A104A encompasses the area upstream of SH 146 for Taylor Bayou. Subwatershed A104A will be subdivided to compute peak flow rates along Taylor Bayou from its confluence with HCFC Unit A104-12-00 to SH 146. Peak runoff rates will be computed for the 10%, 2%, and 1% exceedance probability events. Post -project hydrology will be determined based on the proposed channel improvements. Peak flow impacts will be determined between pre- and post -project conditions. Task 4 — Hydraulic Analysis The FEMA effective HEC-RAS model for Taylor Bayou, HCFC Unit A104-00-00, will be extended from it current study limits at Shore Acres Boulevard to SH 146. New surveyed channel cross section will be obtained in accordance with HCFCD requirements. The surveyed channel cross sections will be supplemented in the overbank areas with HCFCD LiDAR Digital Elevation Model data. Hydraulic profiles will be computed for the 10%, 2% and 1% exceedance probability event flows. Alternative design channel sections and channel profiles will be evaluated to contain the 1% exceedance probability water surface elevations within the channel banks along the project limits. The design channel sections will include channel transitions between existing and proposed sections. A preliminary schematic of the proposed channel improvements including channel transitions will be prepared in this task. Task 5 — Mitigation Analysis A mitigation analysis will be performed to determine the required detention volume required to reduce post -project flows to pre -project flows from the proposed channel improvements. A detailed hydrologic and hydraulic analysis will be performed to determine the required storage and control structure for the mitigation basin to mitigate any adverse impacts to downstream flows. A preliminary schematic of the proposed mitigation basin and control structure will be prepared in this task. Task 6 — Project Evaluation A project evaluation will be performed to determine the feasibility of the proposed channel improvements along Taylor Bayou, HCFC Unit A304-00-00. The project evaluation will include preparing a preliminary construction cost estimate and determining the potential flood reduction benefits to the Shady Rivers Subdivision. Flood reduction benefits may be quantified in terms of the number of homes removed from the 100-year flood elevation (riverine flooding only). It is anticipated that the City of La Porte will provide finished floor elevations for homes within the Shady Rivers Subdivision. The Consultant may provide recommendations on other structural and non-structural flood reduction measures, if deemed applicable. Task 7 — Study Report A study report will be prepared to document the technical findings and recommendations for the proposed channel improvements and mitigation pond. Five (5) copies of the draft and final study report will be submitted to the City of La Porte. The study report will be signed and signed by a Licensed Professional Engineer in the State of Texas. civireech Page 3 of 3 Engineering, Inc. Hydrologic and Hydraulic Study for Tayor Bayou, HCFC Unit R10e-060D City of to Pone Drainage Project No. 19 a.rta md..e9e, ar. Y MumOM llmll.m Attachment 2 Man -Hour & Fee Breakdown Estimate a x 2 3 • S 6 x IQ M1L r1Y 00[OIYI ,4 W,YOIU R'Y rY[t, 31NN1s4\IOM W1rO 1wF 2W Y�x �vnear L r101 00 rtllW AOIaQY lxd IYMI iM 2><e u O+brwrrrOr ' 1.1 tgwbPwp �wwd 0 a • 0 0 0 0 0 0 m S L•mm L2 0 • x a 0 0 0 0 0 6 s 9Wm v v Pry,n SSra_gYLPws�l ol.el^..utiaraYnr, a 9 0 a o 0 0 x 2 n f 2.56010 f smm Yfiw a 1• a a 0 0 0 x x U f sOm u a..ur.rrs. 2.1 bwOYy,yurrp 0 a 3 0 • 0 0 0 0 m f E.FOm 2.2 0 0 • 0 o a 0 a n f psom v A�2 a 0 • 0 0 0 • 0 0 a S •WCn Y n...e.rr+ 0 • n a • 0 • 0 0 •0 s spmm s.1 31 uruo+r•eesy a.rs•39r�..re r.eu. 10 o 0 o x • 3 U0 M 0 0 0 0 a 0 o 0 m 1{ f SSfgm s 42mm v upu wC+ae .t.S+ManwwN Y o 0 • • 12 is x• Y 0 m 0 0 0 0 0 0 0 0 a n s "'n, S 1 M.r'•�br •.1 0 0 12 n 0 0 a 0 0 m T •,pO.W 91 0 0 16 32 0 0 0 0 0 4 f S,W.m •] rT 0 0 0 0 0 n • a 0 o 0 o • a 0 o 0 0 12 x S LIW.W s S., o o U n a 0 • 0 0 W S 41mm S3 0 0 0 • 0 0 a 0 0 12 f 41W10 0 0 is n 0 0 is 0 0 Y S 2 mID Mbw� [1 cx nrrwfamnnsfs,fv9v� c+.r.nyv wrs 0 o 0 o • a • a 0 a 0 a • • 0 a 0 o 13 n S L20m S L2mW 0 0 u 12 0 0 a 0 0 M f 11W.m Sa Ynn 3.1 u 31 n....e.w rare uts Cry o 0 : • 24 2 • o o 0 a a 0 0 o e o o 0 a a 0 • o 0 •• • 3 s S'"o'o s Snm f UWm Y1 0 1 1• 1 m I 0 f• 0 0 0 I• Sa S 2 TOTW a 0 In IN n 0 a3 2 3 •n 3 •f m LM I 91N4 I m1M I m� 7J 0. SOM 004" L•Sf lmma CMtl1M11 YO.nwLt ATTACHMENT 3 CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947-6606 Fax (713) 947-6609 www.civilconcepts.com DATE: I June 22, 2011 TO: Melvin G. Spinks, PE CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone:281-304-0200 Fax:281-304-0210 FROM: I David Newell, RPLS,LS,CFM SUKVE YINU IL'l.Ql1l:IlIl�Il�l�J PROJECT Provide topographic survey, establish of project control DESCRIPTION (horizontal and vertical), right-of-way and for proposed channel improvements along the HCFC channel A104-00-00 from confluence with A104-12-00 upstream of McCabe Road Phase 1: Establish Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 adj.)and correlate to City of Laporte datum. Provide x-sections at 14 designated locations. Phase 2: Topographic survey, locate surface indications (MH's, PP, Signs, Junction boxes etc.) of private and public utilities (call One Call and locate markings)obtain utilities maps, provide location and depths of storm and sanitary sewer and surface indications (MH's, Valve, FH's etc.) of water lines., boundary and topographic survey for proposed 3 acre mitigation site. ESTIMATED COST: Cost Phase 1 $ 8,550.00 Phase 2 $ 9,900.00 Work to be started 7 working days from authorization to proceed and completed within 20 working days. Provide AutoCad file, and text file. CivilTech City Laporte prj 19.rev civi (Tech Engineering, Inc. (rill EnQneesing Water Resounms Tnlnspwntlon sirmurm ECOrlamlcAm&Ws MEETING MINUTES TO: Julian Garza, P.E., City of La Porte CC: Rodney Slaton, P.E., City of La Porte FROM: Melvin Spinks, P.E., CivilTech Engineering, Inc. DATE: October 18, 2011 RE: Hydrologic and Hydraulic Study for Taylor's Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas A project kickoff meeting was held on September 28, 2011 at the offices of the City of La Porte for the above referenced project. The minutes of the meeting are presented herein. Attendees: • Julian Garza, P.E., City of La Porte • Rodney Slaton, P.E., City of La Porte • David Newell, RPLS, LS, Civil Concepts Inc. • Melvin Spinks, P.E., CivilTech Engineering, Inc. • Ashish Waghray, P.E., CivilTech Engineering, Inc. Discussion Items: 1. Melvin Spinks introduced the project team: Mr. David Newell, RPLS, LS, Civil Concepts Inc. as the Project Surveyor, and Mr. Ashish Waghray, P.E., who will serve as Project Engineer for CivilTech Engineering, Inc. 2. Melvin Spinks mentioned that the project surveyor will begin the topographic surveys to obtain channel cross sections along HCFC Unit A304-00-00. Melvin Spinks noted that the Shady River Subdivision could also be affected by the channel capacity along HCFC Unit A304-12-00. Julian Garza requested a proposal from Civil Concepts Inc. to obtain channel cross sections along HCFC Unit A104-12-00. Mr. David Newell will provide a surveying proposal for consideration by the City. 3. Julian Garza stated that the study effort should only include Tasks 1 through 4 in the Agreement which includes project coordination, data collection, hydrologic analysis and hydraulic analysis. The technical findings should determine if channel improvements along QA201113100171Cwmspmdencel Pmject Meeting 9.28-20111Meeting Minutes —COL Ominage Pm(ect 19 10-18-11.dM Houston 11821 Telge Road, Cypre55. Texas 77429 • Tel: 281-304-0200 • Fax: 281-304-0210 wrnpenyOCiA1w6er,&wm • w .CMKKhengwrn I Minutes of Meeting held on September 28, 2011 October 18, 2011 Page 2 of 3 HCFC Unit A104-00-00 are warranted as recommended in the City of Lo Porte, Texas City Wide Drainage Study, Klotz & Associates, January 2009. 4. Melvin Spinks presented the data collection efforts for the study. The following documents have been provided by the City of La Porte: a. Taylor Bayou Watershed Master Drainage Plan, Tax Increment Reinvestment Zone #1, La Porte, Texas, August 2003, CivilTech Engineering, Inc. b. City Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, January 2009 c. Study Letter Report #1, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, March 10, 2008. d. Draft Study Letter Report #2, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, May 7, 2008. e. Draft Study Letter Report #3, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, October 3, 2008. f. Preliminary Engineering Report, Ultimate Detention Pond Analysis to serve Lakes at Fairmont Greens, Section One through Nine, October 2006, Ion Design Group U.C. g. Construction Plans for Port Crossing, City of La Porte, Texas, 2006, Goldston Engineering, Inc. h. Construction Plans for Baymud Drainage Project, Pinebluff Subdivision, CLIP Project No. 2007-4801, City of La Porte, Texas, 2009, City of La Porte, Texas, Planning Department/Engineering Division. i. Construction Plans for Oakhurst Drive & Westview Drive Drainage Improvements, Sanitary Sewer Improvements & Service Relocations, CLP Project No. 2009-4804, City of La Porte, Texas, Planning Department/Engineering Division. j. Drainage Maintenance Drawings for Fondren Street, February 2010, City of La Porte, Texas, Planning Department/Engineering Division k. Plat Map for Shady River Section — 3 dated March 1966. I. Revised Preserve at Taylor Bayou General Plan dated August 13, 2009. S. Rodney Slaton discussed the drainage improvements constructed by the City of La Porte for various subdivisions located east of South Broadway Street. Rodney Slaton mentioned that the drainage improvements were made to improve stormwater drainage to the bay and away from South Broadway Street. In some cases, new drainage outfalls were constructed to the bay. The drainage improvements were designed for a 5-year design storm. Extreme events flows would most likely continue toward South Broadway Street. 1 Minutes of Meeting held on September 28, 2011 October 18, 2011 Page 3 of 3 6. Melvin Spinks requested that the City of La Porte provide construction plans and drainage study reports, if available, for the drainage improvement projects constructed within the subdivisions east of South Broadway Street. Rodney Slaton will provide the construction plans and drainage study reports. Ashish Waghray also requested the GIS shapefile for the South Broadway Sub -Watershed Map which identifies the specific drainage improvement projects. 7. Melvin Spinks requested record construction plans for Shady Rivers Subdivision 8. Melvin Spinks inquired on record construction drawings for South Broadway Street to obtain information on the existing roadway profile and the cross drainage structure. There appears to be a single cross drainage structure that allows flows along South Broadway Street to connect to HCFC Unit A104-12-00. Rodney Slaton indicated that he would coordinate obtaining the record construction plans from TxDOT Houston District. 9. Rodney Slaton discussed a drainage improvement project along Sunrise Drive by the City of Shoreacres. Rodney Slaton will contact the City of Shoreacres to obtain construction plans and drainage study report, if available. 10. Ashish Waghray presented a map with the locations of the planned channel cross sections along HCFC Unit A104-00-00. Ashish Waghray will provide a CADD or GIS electronic map of the planned cross section locations along HCFC Unit A104-00-00 and HCFC Unit A104-12-00 to the surveyor. 11. Melvin Spinks discussed the planned mitigation area for the proposed channel improvements along HCFC Unit A104-00-00 as identified in the City of La Porte City Wide Drainage Study. The mitigation basin is shown to be located in the undeveloped tract just west of the HCFC Unit A104-00-00. Rodney Slaton mentioned that the tract is known as a wetland area. The owner had submitted a general development plan for the tract identified as the Preserve at Taylor Bayou General Plan. Outfall drainage into HCFC Unit A104-00-00 has been a concern for the tract. Future coordination will be necessary with the owner and the Shady Rivers Homeowners Association. It appears that the Shady Rivers Homeowners Association acquired a 50-foot fee strip along the west bank of HCFC Unit A104-OG-00 of the tract. 12. The next project coordination meeting will be scheduled in 2 to 3 weeks to discuss the drainage area map and hydrologic analysis. These meeting minutes describe our understanding of the item discussed, action items, and decisions reached. If there are any additions or changes necessary for the accuracy of these meeting minutes, please advise me within five (5) days. CivilTech Engineering, Inc. Hleeer RmOvoes Tw,nne,pmn suumnn EmtomIcAroyt6 MEETING MINUTES TO: Julian Garza, P.E., City of La Porte CC: Rodney Slaton, P.E., City of La Porte FROM: Melvin Spinks, P.E., CivilTech Engineering, Inc. DATE: October 18, 2011 RE: Hydrologic and Hydraulic Study for Taylor's Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas A project kickoff meeting was held on September 28, 2011 at the offices of the City of La Porte for the above referenced project. The minutes of the meeting are presented herein. Attendees: • Julian Garza, P.E., City of La Porte • Rodney Slaton, P.E., City of La Porte • David Newell, RPLS, LS, Civil Concepts Inc. • Melvin Spinks, P.E., CivilTech Engineering, Inc. • Ashish Waghray, P.E., CivilTech Engineering, Inc. Discussion Items: 1. Melvin Spinks introduced the project team: Mr. David Newell, RPLS, LS, Civil Concepts Inc. as the Project Surveyor, and Mr. Ashish Waghray, P.E., who will serve as Project Engineer for CivilTech Engineering, Inc. 2. Melvin Spinks mentioned that the project surveyor will begin the topographic surveys to obtain channel cross sections along HCFC Unit A104-00-00. Melvin Spinks noted that the Shady River Subdivision could also be affected by the channel capacity along HCFC Unit A104-12-00. Julian Garza requested a proposal from Civil Concepts Inc. to obtain channel cross sections along HCFC Unit A104-12-00. Mr. David Newell will provide a surveying proposal for consideration by the City. 3. Julian Garza stated that the study effort should only include Tasks 1 through 4 in the Agreement which includes project coordination, data collection, hydrologic analysis and hydraulic analysis. The technical findings should determine if channel improvements along 0:I201113310W71Correlpondencelproject Meeting 9-28-2011IMeeting Minutes COL Drainage project 191048-11.doc H Wpon 11821 Telge Roed, Cpxese, Texas 77429 • Tel: 281304-0200 • Fax: 281304-0210 wngeny0civlltedleng.com • ..C1vllWhengCom Minutes of Meeting held on September 28, 2011 October 18, 2011 Page 2 of 3 HCFC Unit A104-00-00 are warranted as recommended in the City of Lo Porte, Texas City Wide Drainage Study, Klotz & Associates, January 2009. 4. Melvin Spinks presented the data collection efforts for the study. The following documents have been provided by the City of La Porte: a. Taylor Bayou Watershed Master Drainage Plan, Tax Increment Reinvestment Zone #1, La Porte, Texas, August 2003, CivilTech Engineering, Inc. b. City Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, January 2009 c. Study Letter Report #1, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, March 10, 2008. d. Draft Study Letter Report p2, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, May 7, 2008. e. Draft Study Letter Report #3, City -Wide Drainage Study, City of La Porte, Texas, Klotz & Associates, October 3, 2008. f. Preliminary Engineering Report, Ultimate Detention Pond Analysis to serve Lakes at Fairmont Greens, Section One through Nine, October 2006, Ion Design Group LLC. g. Construction Plans for Port Crossing, City of La Porte, Texas, 2006, Goldston Engineering, Inc. h. Construction Plans for Baymud Drainage Project, Pinebluff Subdivision, CUP Project No. 2007-4801, City of La Porte, Texas, 2009, City of La Porte, Texas, Planning Department/Engineering Division. I. Construction Plans for Oakhurst Drive & Westview Drive Drainage Improvements, Sanitary Sewer Improvements & Service Relocations, CUP Project No. 2009-4804, City of La Porte, Texas, Planning Department/Engineering Division. j. Drainage Maintenance Drawings for Fondren Street, February 2010, City of La Porte, Texas, Planning Department/Engineering Division k. Plat Map for Shady River Section — 3 dated March 1966. 1. Revised Preserve at Taylor Bayou General Plan dated August 13, 2009. 5. Rodney Slaton discussed the drainage improvements constructed by the City of La Porte for various subdivisions located east of South Broadway Street. Rodney Slaton mentioned that the drainage improvements were made to improve stormwater drainage to the bay and away from South Broadway Street. In some cases, new drainage outfalls were constructed to the bay. The drainage improvements were designed for a 5-year design storm. Extreme events flows would most likely continue toward South Broadway Street. Minutes of Meeting held on September 28, 2011 October 18, 2011 Page 3 of 3 6. , Melvin Spinks requested that the City of La Porte provide construction plans and drainage study reports, if available, for the drainage improvement projects constructed within the subdivisions east of South Broadway Street. Rodney Slaton will provide the construction plans and drainage study reports. Ashish Waghray also requested the GIS shapefile for the South Broadway Sub -Watershed Map which identifies the specific drainage improvement projects. 7. Melvin Spinks requested record construction plans for Shady Rivers Subdivision. 8. Melvin Spinks inquired on record construction drawings for South Broadway Street to obtain information on the existing roadway profile and the cross drainage structure. There appears to be a single cross drainage structure that allows flows along South Broadway Street to connect to HCFC Unit A104-12-00. Rodney Slaton indicated that he would coordinate obtaining the record construction plans from TxDOT Houston District. 9. Rodney Slaton discussed a drainage improvement project along Sunrise Drive by the City of Shoreacres. Rodney Slaton will contact the City of Shoreacres to obtain construction plans and drainage study report, if available. 10. Ashish Waghray presented a map with the locations of the planned channel cross sections along HCFC Unit A104-00-00. Ashish Waghray will provide a CADD or GIS electronic map of the planned cross section locations along HCFC Unit A104-00-00 and HCFC Unit A104-12-00 to the surveyor. 11. Melvin Spinks discussed the planned mitigation area for the proposed channel improvements along HCFC Unit A104-00-00 as identified in the City of La Porte City Wide Drainage Study. The mitigation basin is shown to be located in the undeveloped tract just west of the HCFC Unit A104-00-00. Rodney Slaton mentioned that the tract is known as a wetland area. The owner had submitted a general development plan for the tract identified as the Preserve at Taylor Bayou General Plan. Outfall drainage into HCFC Unit A104-00-00 has been a concern for the tract. Future coordination will be necessary with the owner and the Shady Rivers Homeowners Association. It appears that the Shady Rivers Homeowners Association acquired a 50-foot fee strip along the west bank of HCFC Unit A104-00-00 of the tract. 12. The next project coordination meeting -will be scheduled in 2 to 3 weeks to discuss the drainage area map and hydrologic analysis. These meeting minutes describe our understanding of the item discussed, action items, and decisions reached. If there are any additions or changes necessary for the accuracy of these meeting minutes, please advise me within five (5) days. CivilTech Engineering, Inc. CW EnoneerhV fev Ttatnp"ebr, suUmmall A.&Zb MEETING MINUTES TO: Julian Garza, P.E., City of La Porte CC: Rodney Slaton, P.E., City of La Porte FROM: Melvin Spinks, P.E., CivilTech Engineering, Inc. DATE: November 7, 2011 RE: Hydrologic and Hydraulic Study for Taylor's Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19, La Porte, Texas A project progress meeting was held on November 3, 2011 at the offices of the City of La Porte (COL) for the above referenced project. The minutes of the meeting are presented herein. Attendees: • Julian Garza, P.E., City of La Porte • Rodney Slaton, P.E., City of La Porte • David Newell, RPLS, LS, Civil Concepts Inc. • Melvin Spinks, P.E., CivilTech Engineering, Inc. • Ashish Waghray, P.E., CivilTech Engineering, Inc. Discussion Items: 1. Melvin Spinks presented the meeting agenda and discussed the project status. Work activities performed during the month of October include data collection, field surveys, and hydrologic analysis. 2. Melvin Spinks discussed the outstanding items for the data collection. a. 'South Broadway Record Construction Plans: The City of La Porte was unable to obtain record construction drawings from TxDOT. Ashish Waghray will follow up with TxDOT Plan Department. b. Shady Rivers Subdivision Record Construction Plans: The City of La Porte provided the record construction drawings for Shady Rivers Subdivision at the meeting. c. Sunrise Drive Record Construction Plans: The City of La Porte was unable to obtain record construction drawings for the storm sewer system along Sunrise Drive. CM201113JO0171Corresl M,n.JN.Ject Meeting 11-3-20111Meeting Minuted COL Oroinoge Rro(ec 11-3-1 Ldoe R•Ytf•t 11821 Telge Road, Cypress. Texas 7 74 29 • Tel: 281904-0200 • Fax: 281,104-0210 Company*dWlt"hengtom • ..ClWltechengeAm Minutes of Meeting held on November 3, 2011 November 7, 2011 Page 2 of 2 Ashish Waghray will contact Harris County Engineering to determine if the record construction plans are available. 3. David Newell discussed the status of the field surveys along HCFC Unit A104-00-00 (Taylor Bayou) and HCFC Unit A104-12-00. David Newell stated that channel cross sections have been obtained along HCFC Unit A104-00-00. David Newell provided a USB drive with the survey data. David Newell mentioned that they would begin the survey work for HCFC Unit A104-12-00. David Newell requested a map with the cross section locations for HCFC Unit A104-12-00. Ashish Waghray will provide the map. Melvin Spinks requested that the existing cross drainage structure at South Broadway be surveyed. David Newell will include the drainage structure during the survey work along HCFC Unit A104-12-00. The survey work should be completed in the next two weeks. 4. Melvin Spinks presented the drainage area map for Taylor Bayou watershed. Melvin Spinks discussed the hydrologic modeling approach to be used to determine the runoff hydrographs for the drainage subarea (subdivisions with outfall drainage for the 5-year storm to the bay) east of South Broadway Street. The basic hydrologic modeling approach involves determining the 5- and 100-year runoff hydrographs and diverting the hydrograph difference to drain into HCFC Unit A104-12-00. 5. Ashish Waghray discussed the drainage area (undeveloped) north of Wharton Wheems Boulevard identified as the Lakes at Fairmont Greens Subdivision development. Ashish Waghray noted that the Lakes of Fairmont Greens Subdivision has not yet constructed the drainage structure across Wharton Wheems Boulevard. The Lakes of Fairmont Greens Subdivision Plan shows a future drainage structure to connect the detention/drainage from the north to the south for the development. Ashish Waghray mentioned that the drainage patterns from the north presently appear to surface drain along the Wharton Wheems Boulevard to HCFC Unit A104-12-00 as opposed to HCFC Unit A104-00-00. Julian Garza mentioned that the City of La Porte will address this drainage need with the developer. Julian Garza mentioned that the hydrologic analysis should assume that the drainage from the north should drain into HCFC Unit A104-00-00. 6. Melvin Spinks mentioned the hydrologic and hydraulic analysis should be completed by mid - December. The next meeting will be scheduled in December to present the study findings and recommendations. These meeting minutes describe our understanding of the items discussed, action items, and decisions reached. If there are any additions or changes necessary for the accuracy of these meeting minutes, please advise me within five (5) days. Photo Catalog of Drainage Conditions within Taylor Bayou Upstream Sub Watershed A104A. Photo Catalog Covers the Following Areas within Subarea 104A: 1. HCFC Unit A104-00-00 2. HCFC Unit A104-12-00 3. Broadway Street and HCFC Unit A104-11-00 4. Other Drainage Ditches fel 11 wi } 1 4 1 (P -��"�^ � h Y'���� T ��, ��' �, . ;,. ,, �{� F� . „ • �.,�*�.� r 7 � �w ���� i �r^: Xx��'.. �v. • n v fil, McCabe Road culvert crossing over HCFC Unit A104-00-00 looking downstream. � ww McCabe Road culvert crossing over HCFC Unit A104-00-00 downstream face. `�`�'"'-may` _� }p ail ... _ �. � .. Golf Course outfall into HCFC Unit A104-00-00 usptream of McCabe Road and downstream of SH 146. Weir outfall into HCFC Unit A104-00-00 from subdivision (future) between golf course and SH 146. SH 146 bridge crossing over HCFC Unit A104-00-00 downstream face. 2. HCFC Unit A104-12-00 HCFC Unit A104-12-00 upstream of the confluence with HCFC Unit A104-00-00. Shady Rivers Road bridge crossing over HCFC Unit A104-12-00 downstream face. IC i 1` \ L riil�sY �. McCabe Road culvert crossing over HCFC Unit A104-12-00 looking downstream. McCabe Road culvert crossing over HCFC Unit A104-12-00looking upstream. > a\�yT' low" McCabe Roado&!m«ar«E Unit A104-- upstream face. � �y >§y »�\' REUnit A10a2-0ofurther downstream of McCabe Road. Wharton Weems Boulevard culvert crossing over HCFC Unit A104-12-00 looking upstream. e s Wharton Weems Boulevard culvert crossing over HCFC Unit A104-12-00 looking upstream face. Wharton Weems Boulevard culvert crossing over HCFC Unit A104-12-00 looking downstream. Wharton Weems Boulevard culvert crossing over HCFC Unit A104-12-00 downstream far < 3. Broadway Street and HCFC Unit A104-11-00 Broadway Street outfall to HCFC Unit A104-12-00 just south of Pine Bluff (South of Fire Station) looking towards Broadway Street. Broadway Street outfaIIto HCFC Unit A104-12-00 just south of Pine Bluff looking west flatan S a�iR s 'am; ,y r ?4. ;.?Y '':, . '1 n irY.p,l w. 4141,4, IJFR! r Y <m W I C Unit A104 1 1 00 npttrreni cal Rromdway Stf oe�) 4. Other Drainage Ditches Unnamed drainage ditch across Shore Acres Boulevard east of SH 146 looking downstream. Unnamed drainage ditch across Shore Acres Boulevard east of SH 146 looking upstream. Shore Acres Boulevard culvert crossing over unnamed ditch east of SH 146. a 1„ Culvert crossing under Wharton Weems 1�oulevard east of SH 146 upstream —the drainage path downstream has been terminated due to the development of the subdivision between the golf course and SH 146. Upstream of culvert under Wharton Weems. Culvert crossing under Wharton Weems Boulevard east of SH 146 downstream face —the drainage path downstream has been terminated due to the development of the subdivision between the golf course and SH 146. Downstream of the culvert crossing under Wharton Weems Boulevard — the drainage path downstream can be seen terminated. t PAGE: 1 R E C E I V I N G R E P O R T RECEIPT NO.: 171207 SHIP TO: % PLANNING VENDOR: CIVILTECH ENGINEERING, INC. DELIVER BY SHIP VIA F.O.B. 9/27/11 P.O. NO.: CP1245 DATE: 1/26/12 VENDOR NO. 432845 CONFIRM BY CONFIRM TO REQUISITIONED BY BOB WARD LEE, PEGGY FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 0000014723 9/22/11 -------------------- -------------------------------------------------------- LINE QTY RCVD BIN LOCATION UOM ITEM NO. AND DESCRIPTION UNIT COST ----------------------------------------------------------------------------- 1 8616.00 EA 260 040 1.0000 PROFESSIONAL SERVICES ENGINEERING PROFESSIONAL SERVICES IN ACCORDANCE WITH AGREEMENT Acct # 05098929574300 vr� RECEIVED BY: LEE, PEjY RECEIVED DATE: 1/26/12 Invoice ClvilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 (281) 304-0200 City of La Porte 604 W Fairmont Parkway LaPorte, Texas 77571 Mr. Julian Garza Jr., P.E. Re: City of La Porte Drainage Project No. 19 Taylor Bayou HCFC Unit A104-00-00 DC9007 'IN 232012 December 27, 2011 Project No: 310017.00 Invoice No: 0013607 Professional services from December 1 2011 through December 31, 2011 Fee Total Fee 49,250.00 Percent Complete 63.25 Total Earned Previous Fee Billing Current Fee Billing Total Fee Additional Services — Surveying A104-00-00 Phase 1 Total Fee 9,405.00 Percent Complete 100.00 Additional Services —Surveying All 04-00-00 Phase 2 Total Fee 10,890.00 Percent Complete 00.00 Additional Services — Surveying A104-12-00 Phase 1 Total Fee 9,350.00 Percent Complete 100.00 Net Due Upon Receipt of Invoice Total Earned Previous Fee Billing Current Fee Billing Total Fee Total Earned Previous Fee Billing Current Fee Billing Total Fee Total Earned Previous Fee.Billing Current Fee Billing Total Fee 31,150.00 22,534.00 8,616.00 9.405.00 9,405.00 00.00 9,350.00 9,350.00 00.00 8,616.00 00.00 00.00 00.00 Total this Invoice $8,616.00 BILLING SUMMARY REPORT - CIVILTECH ENGINERING, INC. Date: 12/27/2011 Pro)ect: City of la Porte Drainage Project No. 19 -Shady Riven CEI No.: 330017.D0 Invoke No: 0013607 Period: December 1, 2011 through December 31, 2011 Task No. Description Feelu Amount Date Authorized %of Total Fee %of Task Complete Previous Month %of Task Complete Current Month Total Fee Eamed Previous Month Total Fee Earned Current Month Total Amount Due 1.0 Project Coordination & Meetings $5,530.00 9/13/2011 11.19% 40.00% 1DO.OD% 52,204.00 $5,510.00 $3,306.00 2.0 Data Collection and Review $5 020.00 9/13/2011 10.19% 100.00% 100-00% $5,020.00 $51020.00 $0.00 3.0 Hydrologic Analysis $10,000.00 9/13/2011 20.30% 100.00% 100.00% SSO,DOODC, $10,000.00 $0.00 4.0 Hydraulic Analysis $10.620.00 9/13/2012 21.56% 50.00% 100.00% 1 $5,310.00 $10,620.00 55,310.OD S.0 Mitigation Analysis $7,220.00 14.66% 0.OD% 0.00% $0.00 $0.00 $0.00 6.0 Project Evaluation $3,500.00 7.11% 0.00% O.DD% $0.00 50.00 50.W 7.0 Study Report $7,380.00 14.98% 0.00% 0.00% $0.00 $0.00 $0.00 Totals $49 250.00 100.00% 45.75% 63.25% $22 S34.DO $31 250.00 $e 616.00 Additional Surveying A104-00-00 Phase - $9,405.00 9/13/2011 100.00% 500.00% $9,405.W $9,405.00 $0.00 Additional. Su ein A104-DO-W Phase 2 $10,8%.00 0.00% 0.00% SO.DO $0.00 $0.00 Additional Surveying A104-12-00 Phase $9,3SO.00 10/13/2011 100.00% 100.00% 1 $9,350.00 $9,350.00 $0.00 TOTALS 541,289.00 $49,905.W $8,616.DO Notes: 1. Fee amount for additional surveying services included CMtTech 10% administrative costs. ChAffech Engineering. tw- Page 1 of 1 s PAGE: 1 R E C E I V I N G R E.P 0 R T RECEIPT NO.: 169749 SHIP TO: P.O. NO.: CP1245 PLANNING DATE: 11/22/11 VENDOR: CIVILTECH ENGINEERING, INC. VENDOR NO. 432845 DELIVER BY SHIP VIA F.O.B. 9/27/11 CONFIRM BY CONFIRM TO REQUISITIONED BY BOB WARD LEE, PEGGY FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 0000014723 9/22/11 ----------------------------------------------------------------------------- LINE QTY RCVD BIN LOCATION UOM ITEM NO. AND DESCRIPTION UNIT COST ----------------------------------------------------------------------------- 1 22625.00 EA 260 040 1.0000 PROFESSIONAL SERVICES ENGINEERING PROFESSIONAL SERVICES IN ACCORDANCE WITH AGREEMENT Acct # 05098929574300 RECEIVED BY: LEE, PEGGY RECEIVED DATE: 11/22/11 ' Invoice CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 (281) 304-0200 City of La Porte 604 W Fairmont Parkway La Porte, Texas 77571 Mr. Julian Garza Jr., P.E. Re: City of La Porte Drainage Project No. 19 Taylor Bayou HCFC Unit A104-00-00 Professional services from October 1, 2011 throuqh October 31, 2011 November 10, 2011 Project No: 310017.00 Invoice No: 0013571 Fee Total Fee 49,250.00 Percent Complete 26.84 Total Earned Previous Fee Billing Current Fee Billing Total Fee Additional Services — Surveying A104-00-00 Phase 1 Total Fee 9,405.00 Percent Complete 100.00 Additional Services — Surveying A104-00-00 Phase 2 Total Fee 10,890.00 Percent Complete 00.00 Additional Services — Surveying A104-12-00 Phase 1 Total Fee 9,350.00 Percent Complete 00.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Total Earned Previous Fee Billing Current Fee Billing Total Fee Total Earned Previous Fee Billing Current Fee Billing Total Fee 13,220.00 00.00 13,220.00 13,220.00 9,405.00 00.00 9,405.00 9,405.00 00.00 00.00 00.00 - 00.00 00.00 00.00 00.00 00.00 Total this invoice $22,6,255..00 D���'l Net Due Upon Receipt of Invoice BILLING SUMMARY REPORT - CIVILTECH ENGINERING, INC. Date: 11/1/2011 Project: City of La Porte Drainage Project No. 19 - Shady Rivers CEI No.: 310017.00 Invoice No: 0013571 Period: October 1, 2011 through October 31, 2011 Task No. Description Feeltl Amount Date Authorized %of Total Fee %of Task Complete Previous Month %,of Task Complete Current Month Total Fee Earned Previous Month Total Fee Earned Current Month Total Amount Due 1.0 Project Coordination & Meetings $5 510.00 9/13/2011 11.19% 0.00% 40.00% $0.00 $2,204.00 $2 204.00 2.0 Data Collection and Review $5,020.00 9/13/2011 10.19% 0.00% 80.00% $0.D0 $4,016.00 $4,016.00 3.0 Hydrologic Analysis $10,000.00 9/13/2011 20.30% 0.00% 70.0D% $0.00 $7,000.00 $7,000.00 4.0 Hydraulic Analysis $10,620.00 9/13/2011 21.56% 0.00% 0.00% $0.00 $0.00 $0.00 5.0 Mitigation Analysis $7,220.00 14.66% 0.00% 0.00% $0.00 $0.00 $0.00 6.0 Project Evaluation $3,500.D0 7.11% 0.00% 0.00% $0.00 $0.00 $0.00 7.0 Study Report $7,380.00 14.98% 0.0D% 0.00% $0.00 $0.00 $0.00 Totals $49,250.00 100.00% 0.00% 26.84% $0.00 $13,220.00 $13,220.00 Additional Surveying A104-00-00 Phase 1 $9,405.00 .9/13/2011 1 0.00% 100.00% $0.00 $9,405.00 $9,405.00 Additiona urvyeing A104-00-00 Phase 2 $10,890.00 r 0.00% 0.00% $0.00 $0.00 $0.00 Additional Surveying A104-12-00 Phase $9,350.00 10/13/2011 0.00% 0.00% $0.00 $0.00 $0.00 TOTALS $0.00 $22,625.00 $22,625.00 Notes: 1. Fee amount for additlonal surveying services included CivilTech 301A administrative costs. Cliviffech Engineering, Inc. Page 1 of 1 h PAGE: 1 ' R E C E I V I N G R E P O R T RECEIPT NO.: 170081 SHIP TO: P.O. NO.: CP1245 PLANNING DATE: 12/O8/11 VENDOR: CIVILTECH ENGINEERING, INC. VENDOR NO. 432845 DELIVER BY SHIP VIA F.O.B. 9/27/11 CONFIRM BY CONFIRM TO REQUISITIONED BY BOB WARD LEE, PEGGY FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 0000014723 9/22/11 ----------------------------------------------------------------------------- LINE QTY RCVD BIN LOCATION ----------------------------------------------------------------------------- UOM ITEM NO. AND DESCRIPTION UNIT COST 1 18664.00 EA 260 040 1.0000 PROFESSIONAL SERVICES ENGINEERING PROFESSIONAL SERVICES IN ACCORDANCE WITH AGREEMENT Acct # 05098929574300 RECEIVED BY: LEE, PEGG RECEIVED DATE: 12/08/11 Invoice CIvilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 (281) 304-0200 December 2, 2011 Project No: 31001 CitY of La Porte Invoice No: 00135 604 W Fairmont Parkway La Porte, Texas 77571 Mr. Julian Garza Jr., P.E. Re: City of La Porte Drainage Project No. 19 Taylor Bayou HCFC Unit At 04-00-00 Professional services from November 1 2011 through November 30, 2011 Fee Total Fee 49,250.00 Percent Complete 45.75 Total Earned Previous Fee Billing Current Fee Billing Total Fee Additional Services — Surveying All 04-00-00 Phase 1 Total Fee 9,405.00 Percent Complete 100.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Additional Services — Surveying A104-00-00 Phase 2 Total Fee 10,890.00 Percent Complete 00.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee Additional Services — Surveying A104-12-00 Phase 1 Total Fee 9,350.00 Percent Complete 100.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee DEC 0 5 ZOIt 22,234.00 13,220.00 9.314.00 9,314.00 9,405.00 9,405.00 00.00 00.00 00.00 00.00 00.00 00.00 9,350.00 00.00 9,350.00 9,360.00 Total this Invoice Net Due Upon Receipt of Invoice BILLING SUMMARY REPORT - CIVILTECH ENGINERING, INC. Date: 12/1/2011 Project: City of 1a Porte Drainage Project No. 19 -Shady Rivers CEI No.: 310017.DD Invoice No: D013592 Period: November 1, 2011 through November 30, 2011 Task No. Description Fee lsl Amount Date Authorized %of Total Fee %of Task Complete Previous Month %of Task Complete Current Month Total Fee Earned Previous Month . Total Fee Earned Current Month Total Amount Due 1.0 Project Coordination & Meetings$5,510.00- 9/13/2011 11.19% 1 40.00% 40.00% $2,204.00 $2,204.00 $0.00 LD Data Collection and Review $5,020.00 9132011 10.19% 80.0D% 100.00% $4016.00 $5,020.00 $1004.00 3.0 Hydrologic Anais $30,D00.00 9/13/2011 20.30% 70.00% 100.00% $7,000.00 $10,000.00 $3,000.00 4.0 Hydraulic Analysis $10,620.00 913/2011 21.56% 0.00% 50.00% $0.00 $5,310.00 $5,310.00 5.0 Mitigation Analysis $7220.00 14.66% 0.00% 0.00% $0.00 50.00 SD.00 6.0 Project Evaluation $3 500.00 7.11% 0.00% 0.00% $0.00 S0.00 S0.00 7.0 Study Report $7,380.00 14.98% 0.00% 0.00% 50.00 $0.00 $0.00 Totals S49,2S0.00 100.00% 26.94% 45.75% $13220.00 $22,534.00 $9,314.00 Additional Surveying A104-00-00 Phase 1 $9,405.00 9/13/2011 100.00% 100.00% $9,405.00 $9,405.00 $0.00 Additional Survyeing A104-00-00 Phase 2 $10,890.00 0.00% 0.00% 50.00 $0.00 $0.00 Additional Surveying A104-12-W Phase 1 $9,350.00 10/13/2011 0.00% 100.00% 50.00 $9,350.00 $9,350.00 TOTALS $22,625.00 1 S41,289.00 $18,664.00 Notes: 1. Fee amount for additional surveying services included CMrrech 10% administrative costs. a.alTectil Engineering. Im Page 1 of 1 VENDORPHONE: VENDOR FAX: VENDOR #: VENDOR ADDRESS: PURCHASE ORDER CITY OF LA PORTE 604 WEST FAIRMONT PARKWAY ATTM ACCOUNTSPAYABLE LA PORTE, TX 77571 (281)970-1200 432845 CIVD,TECH ENGINEERING, INC. 12345 JONES ROAD SUITE 100 HOUSTON, TX 77070 PURCHASE ORDER NO. CP1245 DATE: 9/29/2011 SHIP TO: PLANNING PLANNING 604 W. FAIRMONT PARKWAY LA PORTE, TX 77571 Our P.O. # MUSTAanear on ALL Invoices. Packages and Cm•rocnaode,ara '. a WISITION# REQUISITIOCQiNhIRMEA . BY' 0000014723 09/22/2011 Ekilih uUNT NUMBER ` _. .AUTHORIZEDBY a_05098929574300 OB WARD EBCRIPTION `.,.. s, ' ARTIOy.,E.xa_,COST UNIT ;EXTENDED �. ��, � � COST a ,-^ s � . �_ M.� a.v 2.. an �_ 1 PROFESSIONAL SERVICES IN ACCORDANCE WITH 57,800.00 /AGREEMENT EA Preliminary Engineering Design Lump Sum $49,250 Surveying Service Phase I $8,550 9999 APPROVED BY COUNCIL 9/12/11 PROFESSIONAL SERVICE FRT INCLUDED Send Original and One Copy of Invoice to: CITY OF LA PORTE ACCOUNTSPAYABLE 604 W FAIRMONT PKWY LA PORTE, TX 77571 1.0000 5'/, 800. 00 AUTHORIZED SIGNATURE _ —1 43, - e40----' AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Lr ("Effective Date') between City of La Porte. Texas, a governmental entity ("Owner") and Civi(Tech Engineering. Inc.. a Texas Corporation ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of La Porte Drainage Project No. 19, Taylor Bayou, HCFC Unit A104-00-00 ("Proiect"). Engineer's Services under this Agreement are generally identified as follows: Hydraulic and Hydrologic Studies as described in Attachment 1. Surveying services to be provided by Civil Concepts Inc in accordance with their proposal provided in Attachment 3. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Ninety (90) calendar days from the Effective Date. C. If the Project includes -construction-related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding n a months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. EJCDC E 520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Sodety or Professional Engineers for EJCDC. All rights reserved. / L 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. 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, then 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. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either parry upon 30 days written notice in the event of substantial failure by the other parry to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.l.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.l.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform 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. EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Seryhc Copyright 02009 National Society of Professional Engineers for EJCDC. AB rights reserved. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer 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. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.E the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the 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. C. Unless- expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 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. 5.01 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. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, EJCDC &520 Short Form of Agreement Between Owner and Engineer for Professional Servteec. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All 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. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. 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 EJCDC E-520 Short Form ofAgreemeot Between Owner nod Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved Page 4 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. The parties acknowledge that Engineers scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or 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: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), 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. 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1..A Lump Sum amount of 49,250. Refer to Attachment 2 for a manhour and fee breakdown. The Owner will provide written authorization to proceed with the tasks and amounts as listed below: Task 1.0— Project Coordination and Meetings, Direct Expenses = $5,510.00 Task 2.0 — Data Collection and Review = $5,020.00 Task 3.0 — Hydrologic Analysis = $10,000.00 Task 4.0— Hydraulic Analysis = $10,620.00 Task 5.0 — Mitigation Analysis = $7,226.00 Task 6.0 — Project Evaluation = $3,500.00 Task 7.0—Study Report = $7,380.00 EJCDC E.520 Short Form of Agreement Between Owner god Engineer for Profemional Services. Copyright C2009 National Society of Profemional Engineers for EJCDC AB rights reserved Page 5 2. Surveying Services — Subconsultant Civil Concepts, Inc. See Attachment 3 for surveying proposal. CivilTech Engineering, Inc. applies a 10% service fee to subconsultant costs. The Owner will provide written authorization to proceed with the work and amounts as listed below: Phase 1— Establish Horizontal & Vertical Control, Cross -Sections = $8,550.00 Phase 2 —Topographic Survey & ROW Mapping = $9,900.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees. engaged directly on the Project, Owner shall pay Engineer 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. Engineer's standard hourly rates are attached as Appendix 1. EJCDC E-520 Shon Form ofAgreemenl Between Owner and Engineer for Professional Services copyright 02009 National Society of Professional Engioee6 for EJCDC.AU rights rmrved. Paee 6 IN TNES WHEREOF, the parties hereto have executed this Agreement, the Effective Date of hich is i irate page 1. OW R: ENGINEER: '-1 By: By: �.[�.r� X. C- ' Title: A I Title: President Date Signed: / Date Signed: 6/24/2011 Address for giving notices: c4u crF Por4.e- n►,U . f�^Ll-,�6"M my Lo— h42- I n -77.51.1 Firm's Certificate Number: F-382 State of: Texas Address for giving notices: CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 EJCDC E-520 Short Form ofAgm=nt Between Owocr and Engineer for Professional Services Copyright 02009 National Society of Professional Engineers for EJCDC. A0 rights r rved. Pate 7 EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Engineer $200.00/hour Senior Project Engineer 160.00/hour Project Engineer 130.00/hour Assistant Engineer 105.00/hour Senior GIS Analyst 120.00/hour GIS Analyst 95.00/hour Senior Design Technician 110.00/hour Design Technician 85.00/hour Administrative 90.00/hour Clerical 70.00/hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. Ali rights reserved. Attachment 1 Scope of Work Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19 The City of La Porte City Wide Drainage Study (CWDS), dated January 2009, recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would reduce potential overbank flooding within the Shady Rivers Subdivision during a 100-year storm event. Although not included in this scope of work, it should be noted that CWDS also identified HCFC Unit A104-12- 00 as contributing to the existing flooding problems in the Shady Rivers Subdivision. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104-00-00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 100-year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. This hydrologic and hydraulic study is not intended to update or revise the FEMA Flood Insurance Rate Maps (FIRM) for Taylor Bayou, HCFC Unit A104-00-00. The FEMA floodplain limits and detailed hydraulics for Taylor Bayou, HCFC Unit A104-00-00, end just upstream of Shore Acres Boulevard. City of La Porte CWDS Report Information (January 2009) 1. Drainage Project ID: 19 2. Channel: HCFC Unit A104-00-00 (Taylor Bayou) 3. Location Benefiting: Shady River Subdivision 4. Modification Type: a. Channel Improvement b. Mitigation Pond S. Description: a. Trapezoidal Earthen Channel (Grass) i. Length = 1,608 feet ii. Maximum Top Width = 78 feet iii. Typical Side Slopes = 3H:1V iv. Excavation Volume = 4.2 acre-feet v. Total Land Acquisition = 1.5 acres b. Channel Dimensions i. Sta. 33196 to Sta. 34404 (Improved Length = 1,208 feet) 1. Channel Depth = 8 feet 2. Channel Bottom Width = 30 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 78 feet 6. Est. Min ROW Width = 118 feet (20' Maintenance Berms) CiviiTech Page 1 of 3 Engineering, Ina 7. Land Acquisition Area = 1.1 acres 8. Excavation Volume = 3.4 acre-feet ii. Sta. 32796 to Sta. 33196 (Improved Length = 400 feet) 1. Channel Depth = 6 feet 2. Channel Bottom Width = 40 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 76 feet 6. Est. Min ROW Width = 116 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.40 acres B. Excavation Volume = 0.80 acre-feet c. Mitigation Pond i. Dimensions = 255' x 255' (includes 30' maintenance berms) ii. Excavation Volume = 6.0 acre-feet iii. Pond Depth = 5 feet iv. Pond Side Slopes = 4H:1V v. Land Acquisition Area = 1.5 acres 6. Total Estimated Land Acquisition = 3.0 acres 7. Total Construction Costs = $361,000 a. A104-00-00: Channel (Total = $113,000) is Construction Costs with 25% Contingencies = $56,000 ii. Land Costs = $57,000 b. •A104-00-00: Mitigation Pond (Total = $248,000) i. Construction Costs with 25% Contingencies = $188,000 ii. Land Costs = $60,000 8. Channel improvements and mitigation pond should be constructed simultaneously. Scope of Work This scope of work includes the following tasks: Task 1— Proiect Coordination and Meetines This task includes project coordination and meetings with the City of La Porte and the Harris County Flood Control District regarding the project development. The Consultant will seek preliminary approvals related to the proposed channel improvements and mitigation based on the study technical findings and recommendations. Task 2 — Data Collection and Review This task includes obtaining and reviewing all pertinent drainage studies and information including but not limited to, hydrologic and hydraulic models, GIS mapping, CWDS reports, previous drainage study reports, land use maps, right-of-way maps, record construction drawings, subdivision plats, etc. A site visit will be performed to document existing drainage patterns and drainage systems for the project. A photograph catalog will be developed to document existing conditions. Task 3 — Hydrologic Analysis The FEMA effective HEC-HMS model for Taylor Bayou watershed will be revised (pre -project conditions) to update the drainage boundaries and land uses for existing watershed conditions Civi1T0Ch Page 2 of 3 Engineering, Inc. in Subwatershed A104A. Subwatershed A104A encompasses the area upstream of SH 146 for Taylor Bayou. Subwatershed A104A will be subdivided to compute peak flow rates along Taylor Bayou from its confluence with HCFC Unit A104-12-00 to SH 146. Peak runoff rates will be computed for the 10%, 2%, and 1% exceedance probability events. Post -project hydrology will be determined based on the proposed channel improvements. Peak flow impacts will be determined between pre- and post -project conditions. Task 4 — Hydraulic Analysis The FEMA effective HEC-RAS model for Taylor Bayou, HCFC Unit A104-00-00, will be extended from it current study limits at Shore Acres Boulevard to SH 146. New surveyed channel cross section will be obtained in accordance with HCFCD requirements. The surveyed channel cross sections will be supplemented in the overbank areas with HCFCD LiDAR Digital Elevation Model data. Hydraulic profiles will be.computed for the 10%, 2% and 1% exceedance probability event flows. Alternative design channel sections and channel profiles will be evaluated to contain the 1% exceedance probability water surface elevations within the channel banks along the project limits. The design channel sections will include channel transitions between existing and proposed sections. A preliminary schematic of the proposed channel improvements including channel transitions will be prepared in this task. Task 5 — Mitigation Analysis A mitigation analysis will be performed to determine the required detention volume required to reduce post -project flows to pre -project flows from the proposed channel improvements. A detailed hydrologic and hydraulic analysis will be performed to determine the required storage and control structure for the mitigation basin to mitigate any adverse impacts to downstream flows. A preliminary schematic of the proposed mitigation basin and control structure will be prepared in this task. Task 6 — Proiect Evaluation A project evaluation will be performed to determine the feasibility of the proposed channel improvements along Taylor Bayou, HCFC Unit A104-00-00. The. project evaluation will include preparing a preliminary construction cost estimate and determining the potential flood reduction benefits to the Shady Rivers Subdivision. Flood reduction benefits may be quantified in terms of the number of homes removed from the 100-year flood elevation (riverine flooding only). It is anticipated that the City of La Porte will provide finished floor elevations for homes within the Shady Rivers Subdivision. The Consultant may provide recommendations on other structural and non-structural flood reduction measures, if deemed applicable. Task 7 — Study Report A study report will be prepared to document the technical findings and recommendations for the proposed channel improvements and mitigation pond. Five (5) copies of the draft and final study report will be submitted to the City of La Porte. The study report will be signed and signed by a Licensed Professional Engineer in the State of Texas. Civi1T0Ch Page 3 of 3 EngWeerinM Inc. Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit AIW.ffl-00 ' aty of V Porte Drainage Project No. 19 D.n.a FRFxnFa. ac IM WmMr ll1011m Attachment 2 manD Man -Hour & Fee Breakdown Estimate 0 1 3 3 • 3 6 ] a b, M rMY®IOI rouu 3.a%Fraam rmn n. yOf IOM M1M .IaY .`3 rn.Y %iN.W �ewna qa• pY pet •IVyRI xnUl ICYY L b�iatla. W.r•0aV L] mr�Yr.mll w.Y„ 0 1 • 0 0 0 0 0 0 p S L•pm 13 19mrwlww 1 0 • 3 0 O 0 0 0 a 6 S 3W10 u IA n.apur XIQoc r ) O.rn Fame a • 0 0 0 0 0 1 3 16 3 L%o.00 3 S30m -- a 14 a 0 0 0 0 a 1 ss 3 mm Y One1�W4M1� 11 0 a a P 0 P 0 0 a $ Lamm 21 .v rmOr 0 0 • a o 0 P 0 P 11 $ n rw. nan o 0 • 0 0 0 a 0 0 a S Sam gar —n+ 0 a 1. 'S • P • a a Lt.. 11 3_2 uma>ayau.awa. pwM1pa M%wy.s r— 0 0 0 0 1 . a 13 m 0. o 0 0 0 0 0 0 0 p IS S 3.Smm knom 3.3 wr 0 a . a u is 1a a. o p 0 0 0 a 0 0 0 a a u S Mono S 1 a.1 oa.wb:awrar%c..sa.rw 0 0 ss 1. 0 0 a o o at S 4AWW 41 •aeru.or0vaa 3.vr 0 o a 31 0 9 0 0 0 Is S S.aam .J nr.naar.ramtalm�...rna.l 3rr 0 0 0 a 0 a a a 0 I a 0 0 a • 0 0 o 0 u 1 S Ltmm 3.1 9 0 a 31 0 0 a 0 a x s a.11am s3 .r..r.rlee.asomv..eae 0 0 o a 0 e a a 0 u S Llm.m 0 0 u x 0 0 to 0 0 p S 3 u _ r..w.e.rr 63 oe.0 am 0 o 0 0 . a . a 0 o 0 0 a . 0 a 0 0 u to S umm U20.00 rr 0 P ss 11 0 0 a 0 0 11 $ Lsoxco 7.3 11 13 nvspr^n naaraW.MFw/y 0 0 0 6 l a 1. 3 a 0 a 0 • 0 0 0 0 a o 0 0 a a 0 a 0 0 w . a 3 3.6am S Sam k,,aLaI 0 14 p a a 0 a a • .1 LJIMAO tutus a a In 1a ss 0 u 1 a 410 S a Lei% 3.3a% 3133% 33ma 1.a% 0= a1a% 0.4316 Lab% 1000UN [N1131fM1 ATTACHMINT 3 CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947-6606 Fax (713) 947-6609 www.civilconcepts.com DATE: June 22, 2011 TO: Melvin G. Spinks, PE CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone:281-304-0200 Fax:281-304-0210 FROM: I David Newell, RPLS,LS,CFM JUKVEYIINU rKVYVJAL: ury of Lanone rrolect 1y A-1U4-Uu-Uu PROJECT Provide topographic survey, establish of project control DESCRIPTION (horizontal and vertical), right-of-way and for proposed channel improvements along the HCFC channel A104-00-00 from confluence with A104-12-00 upstream of McCabe Road. Phase 1: Establish Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 adj.)and correlate to City of Laporte datum. Provide x-sections at 14 designated locations. Phase 2: Topographic survey, locate surface indications (MH's, PP, Signs, Junction boxes etc.) of private and public utilities (call One Call and locate markings)obtain utilities maps,.provide location and depths of storm and sanitary sewer and surface indications (MH's, Valve, FH's etc.) of water lines., boundary and topographic survey for proposed 3 acre mitigation site. ESTIMATED COST: Cost Phase 1 $ 8,550.00 Phase 2 $ 9,900.00 Work to be started 7 working days from authorization to proceed and completed within 20 working days. Provide AutoCad file, and text file. CivilTech City Laporte prj19 rev PURCHASE REQUISITION NBR: 0000014723 STATUS: LEVEL 5 - GT 15000 REQUISITION BY: LEE, PEGGY REASON: TAYLOR BAYOU HCFCD UNIT A104-00-00 (SHADY RIVER) SHIP TO LOCATION: PLANNING SUGGESTED VENDOR: 432845 CIVILTECH ENGINEERING, INC. LINE UNIT EXTEND NBR DESCRIPTION ----------------------------------------------------------------------------------------------------- QUANTITY UOM COST COST 1 PROFESSIONAL SERVICES IN ACCORDANCE WITH AGREEMENT 57800.00 EA 1.0000 57800.00 Preliminary Engineering Design Lump Sum $49,250 Surveying Service Phase I $8,550 _ COMMODITY: PROFESSIONAL SERVICES SUBCOMMOD: ENGINEERING REQUISITION TOTAL: 57800.00 DATE: 9/22/11 DELIVER BY DATE: 9/27/11 VENDOR PART NUMBER --------------------- ----------------------------------------------------------------------------------------------------------------------------------- A C C O U N T I N F O R M A T I O N _ LINE I ACCOUNT PROJECT i AMOUNT 1 05098929574300 PRELIMINARY DESIGN PHASE GEN957 100.00 57800.00 DRAINAGE PROJECTS REQUISITION IS IN THE CURRENT FISCAL YEAR. REQUISITION COMMENTS Attachment 1 to the Agreement, dated September 13, 2011, outlines the scope of services to be performed. CivilTech Engineering, Inc. 11621 Telge Road Cypress, TX 77429 Contact: Melvin Spinks, President 0\9 5 57800.00 1 l AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between City of La Porte Texas, a governmental entity ("Owner") and CivilTech Engineering Inc. a Texas Corporation ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of La Porte Drainage Project No 19 Taylor Bayou HCFC Unit A104-00-00 ("Proiect"). Engineer's Services under this Agreement are generally identified as follows: . Hydraulic and Hydrologic Studies as described in Attachment 1 Surveying services to be provided by Civil Concepts Inc in accordance with their proposal provided in Attachment 3. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Ninetv (90) calendar days from the Effective Date. C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding n a months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. EiCDC E-520 Short Farm of Agresment Between owner and Engineer for Professional Swint. Copyright C2009 National Safety of Professional Engiomrs for EdCDC A I rights served. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. 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, then 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, r expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. 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 parry. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform 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. EJCDC &520 Short Form of Agreement aetweeo owner and Engineer for Professional Servict& Copyright C2004 National Society ofProfeWonni Engiamrs for EJCDC All rights reserved. Pane 2 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B.. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer 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. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.E the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the 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. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 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. 5.01 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. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, EJCDC E-520 Short Form of Agreemeot Between owner and Engineer for Professional Service. Copyright C2009 National Society of Professional Engioeers for EJCDC. All rights reserved. Pon 3 techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All 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. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. 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 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Servl¢s. Copyright 02009 National Society of Professional Englaeers for EJCDC. All rights reserved. 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. 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 as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or 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: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate„ or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), 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. 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $49,250. Refer to Attachment 2 for a manhour and fee breakdown. The Owner will provide written authorization to proceed with the tasks and amounts as listed below: Task 1.0— Project Coordination and Meetings, Direct Expenses = $5,510.00 Task 2.0 — Data Collection and Review = $5,020.00 Task 3.0— Hydrologic Analysis = $10,000.00 Task 4.0 — Hydraulic Analysis = $10,620.00 Task 5.0 — Mitigation Analysis = $7,220.00 Task 6.0 — Project Evaluation = $3,500.00 Task 7.0 — Study Report = $7,380.00 EJCDC E-520 Short Form of Agreemeat Between Owner and Engineer for Profemional Serviees. Copyright 02009 National Society of Professional Engineers for EJCDC AB rights reserved. 2. Surveying Services — Subconsultant Civil Concepts, Inc. See Attachment 3 for surveying proposal. CivilTech Engineering, Inc. applies a 10% service fee to subconsultant costs. The Owner will provide written authorization to proceed with the work and amounts as listed below: Phase 1— Establish Horizontal & Vertical Control, Cross -Sections = $8,550.00 7 Phase 2 —Topographic Survey & ROW Mapping = $9,900.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimateof the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees. engaged directly on the Project, Owner shall pay Engineer 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. Engineer's standard hourly rates are attached as Appendix 1. EJCDC E-520 Short Form of Agreeroent Between Owner and Engineer for Professiooni Services Copyright 02009 National Society of professional Engineers for EJCDC.-A0 rights reserved. Pace 6 IN Th hich is OW R: By: 12. 1 Title: Date Signed: WHEREOF, the parties hereto have executed this Agreement, the Effective Date of :ate) 91 page 1. Address forgiving notices: t-I'M rn�- PKu1� �� i4 -7 K ??5�1.(??5-1.( ENGINEER: �/ By: �� X. Title: President Date Signed: 6/24/2011 Firm's Certificate Number: F-382 State of: Texas Address for giving notices: CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 EJCDC E•520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 02009 National Society ofProfewdooal Eagiaeers for EJCDC All rights reserved. 9 3 EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Standard Hourly Rates Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Engineer $200.00/hour Senior Project Engineer 160.00/hour Project Engineer 130.00/hour Assistant Engineer 105.00/hour Senior GIS Analyst 120.00/hour GIS Analyst 95.00/hour Senior Design Technician 110.00/hour Design Technician 85.00/hour Administrative 90.00/hour Clerical 70.00/hour Appendix 1, Standard Hourly Rates Schedule FJCDC &520 Short Form of Agreement Between owner and Engineer for Professional Services. Copyright 02009 National Society of Prormional Engineers for VCDC. A0 rights reserved. Attachment 1 Scope of Work Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104-00-00 City of La Porte Drainage Project No. 19 The City of La Porte City Wide Drainage Study (CWDS), dated January 2009, recommended channel improvements along Taylor Bayou, HCFC Unit A104-00-00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would reduce potential overbank flooding within the Shady Rivers Subdivision during a 100-year storm event. Although not included in this scope of work, it should be noted that CWDS also identified HCFC Unit A104-12- 00 as contributing to the existing flooding problems in the Shady Rivers Subdivision. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104-00-00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 100-year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. This hydrologic and hydraulic study is not intended to update or revise the FEMA Flood Insurance Rate Maps (FIRM) for Taylor Bayou, HCFC Unit A104-00-00. The FEMA floodplain limits and detailed hydraulics for Taylor Bayou, HCFC Unit A104-00-00, end just upstream of Shore Acres Boulevard. City of La Porte CWDS Report Information (January 2009) 1. Drainage Project ID: 19 2. Channel: HCFC Unit A104-00-00 (Taylor Bayou) 3. Location Benefiting: Shady River Subdivision 4. Modification Type: a. Channel Improvement b. Mitigation Pond 5. Description: a. Trapezoidal Earthen Channel (Grass) L Length = 1,608 feet ii. Maximum Top Width = 78 feet iii. Typical Side Slopes = 3H:1V iv. Excavation Volume = 4.2 acre-feet v. Total Land Acquisition = 1.5 acres b. Channel Dimensions is Sta. 33196 to Sta. 34404 (Improved Length = 1,208 feet) 1. Channel Depth = 8 feet 2. Channel Bottom Width = 30 feet 3. Channel Side Slopes = 3HAV 4. Manning N Value=0.035 5. Existing ROW Width = 78 feet 6. Est. Min ROW Width = 118 feet (20' Maintenance Berms) UviffeCsl Page 1 of 3 Engineering, Inc. 7. Land Acquisition Area = 1.1 acres 8. Excavation Volume = 3.4 acre-feet ii. Sta. 32796 to Sta. 33196 (Improved Length = 400 feet) 1. 'Channel Depth = 6 feet 2. Channel Bottom Width = 40 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 . 5. Existing ROW Width = 76 feet 6. Est. Min ROW Width = 116 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.40 acres 8. Excavation Volume = 0.80 acre-feet c. Mitigation Pond i. Dimensions = 255' x 255' (includes 30' maintenance berms) ii. Excavation Volume = 6.0 acre-feet Ill. Pond Depth = 5 feet . iv. Pond Side Slopes = 4H:1V v. Land Acquisition Area = 1.5 acres 6. Total Estimated Land Acquisition = 3.0 acres 7. Total Construction Costs = $361,000 a. A104-00-00: Channel (Total = $113,000) is Construction Costs with 25% Contingencies = $56,000 ii. Land Costs = $57,000 b. A104-00-00: Mitigation Pond (Total = $248,000) I. Construction Costs with 25% Contingencies = $188,000 ii. Land Costs = $60,000 8. Channel improvements and mitigation pond should be constructed simultaneously. Scope of Work This scope of work includes the following tasks: Task 1— Proiect Coordination and Meetings This task includes project coordination and meetings with the City of La Porte and the Harris County Flood Control District regarding the project development. The Consultant will seek preliminary approvals related to the proposed channel improvements and mitigation based on the study technical findings and recommendations. Task 2 — Data Collection and Review This task includes obtaining and reviewing all pertinent drainage studies and information including but not limited to hydrologic and hydraulic models, GIS mapping, CWDS reports, previous drainage study reports, land use maps, right-of-way maps, record construction drawings, subdivision plats, etc. A site visit will be performed to document existing drainage patterns and drainage systems for the project. A photograph catalog will be developed to document existing conditions. Task 3 — Hydrologic Analysis The FEMA effective HEC-HMS model for Taylor Bayou watershed will be revised (pre -project conditions) to update the drainage boundaries and land uses for existing watershed conditions Civiffr3Ch Page 2 of 3 Engineering, Ina in Subwatershed A104A. Subwatershed A104A encompasses the area upstream of SH 146 for Taylor Bayou. Subwatershed A104A will be subdivided to compute peak flow rates along Taylor Bayou from its confluence with HCFC Unit A104-12-00 to SH 146. Peak runoff rates. will be computed for the 10%, 2%, and 1% exceedance probability events. Post -project hydrology will be determined based on the proposed channel improvements. Peak flow impacts will be determined between pre- and post -project conditions. Task 4 — Hydraulic Analysis The FEMA effective HEC-RAS model for Taylor Bayou, HCFC Unit A104-00-00, will be extended from it current study limits at Shore Acres Boulevard to SH 146. New surveyed channel cross section will be obtained in accordance with,HCFCD requirements. The surveyed channel cross sections will be supplemented in the overbank areas with HCFCD LiDAR Digital Elevation Model data. Hydraulic profiles will be,computed for the 10%, 2% and 1% exceedance probability event flows. Alternative design channel sections and channel profiles will be evaluated to contain the 1% exceedance probability water surface elevations within the channel banks along the project limits. The design channel sections will include channel transitions between existing and proposed sections. A preliminary schematic of the proposed channel improvements including channel transitions will be prepared in this task. Task 5 — Mitigation Analysis A mitigation analysis will be performed to determine the required detention volume required to reduce post -project flows to pre -project flows from the proposed channel improvements. A detailed hydrologic and hydraulic analysis will be performed to determine the required storage and control structure for the mitigation basin to mitigate any adverse impacts to downstream flows. A preliminary schematic of the proposed mitigation basin and control structure will be prepared in this task. Task 6 — Proiect Evaluation A project evaluation will be performed to determine the feasibility of the proposed channel improvements along Taylor Bayou, HCFC Unit A104-00-00. The, project evaluation will include preparing a preliminary construction cost estimate and determining the potential flood reduction benefits to the Shady Rivers Subdivision. Flood reduction benefits may be quantified in terms of the number of homes removed from the 100-year flood elevation (riverine flooding only). It is anticipated that the City of La Porte will provide finished floor elevations for homes within the Shady Rivers Subdivision. The Consultant may provide recommendations on other structural and non-structural flood reduction measures, if deemed applicable. Task 7 — Study Report A study report will be prepared to document the technical findings and recommendations for the proposed channel improvements and mitigation pond. Five (5).copies of the draft and final study report will be submitted to the City of La Porte. The study report will be signed and signed by a Licensed Professional Engineer in the State of Texas. cmiTech Page 3 of 3 Endineering, Ina Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit AIM-00-00 City of la Pone Drainage Project No. 19 o.n.a f•d....•.a. a r.ww irmtx.m Attachment 2 xa....11 Man -Hour & Fee Breakdown Estimate ruf Y N iY[OtprW rotaw rm.. r.ssnnura.mr%.mx mru wnr0 WY wM n.w Y.W w^Y• _ r.OR nrml WY rW Op 1 . 1n on. Ym nOnLl Ital O/1•M Rm /➢MI nmfLL lot. mr Yr 11 _03+1•M•u ••md 0 / . 0 0 0 0 0 0 10 5 mm U ncrca rs 0 . 1 0 0 0 0 0 0 F mOm si L• M1•I•.Yrww p.gclnp.y a a . 0 0 0 0 0 1 1 u. 5 ssmm 3 sxom • u / 0 0 0 0 x x it s tom . nrr. r...w. 1-1 /ra//wsaw�w•. 0 • / 0 . 0 a 0 0 to LW.. x3 0: . / a 0 0 0 0 Ix m.m Lx /..M.rsrf 0 . 0 0 0 . 0 0 a 5 wm w•0 0 ro 0 0 x . • lx m 0 00 ora 0ao 0 u s xmm. . u 10 x. M 0 m a0 0a4A 0 w s ..xm.m xsiV 4ar.wa 0 u x. 0 0a 0 u 3 . m •1 uww•o..Ytl /•.� 0 1/ it 0 0 a 0 ./ S sNem .3 ,w•nYw,Ofw..s UM1ww•Y•. Ny 0 0 0 0 0 m . m 0 0 0 05.1 0 0 Ix S Llmm w.s.-M4 •cri•Ifw.• 0 0 if xx 0 0 0 0 sF 5 F,Imm 53 •M1` awns 0 0 0 . 0 0 • 0 0 U S Imm 1-1 0 a is is 0 0 n 0 0 u S nm.m al a1 p'•YY•n Vuar[w rw+. rn.'•• 0 0 0 0 . / . • 0 0 0 0. . a a 0 0 Ix m S L1m.m y mm 0 0 12 12 0 a • a a xx x m u _ LI 11 1'S 'w•%'4•••w �•w•+%+. w f�m 0 a 0 a 1 . x. 1 . 0 0 0 • 0 0 0 0 0 0 a 0 0 e 0 0 a . a 5. f,u0m 5 smm S lm.m a A m 0 • 0 for. • o A. sm sm sa o n a e ae 3 nxse.m Ln% A.xM lfAn, ).m% O.mlt a.xM 0.'" Lab% UtlIYfA cM1 or.", .�.y, w ATTACffiVIENT 3 CIVIL CONCEPTS "INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947-6606 Fax (713) 947-6609 www.eivilconcepts.com DATE: I June 22, 2011 TO: Melvin G. Spinks, PE CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone:281-304-0200 Fax:281-304-0210 FROM: I David Newell, RPLS,LS,CFM SURVEYING PROPOSAL: INEW :QHLa�1�L�19 PROJECT Provide topographic survey, establish of project control DESCRIPTION . (horizontal and vertical), right-of-way and for proposed channel improvements along the HCFC channel A104-00-00 from confluence with A104-12-00 upstream of McCabe Road. Phase 1: Establish Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 adj.)and correlate to City of Laporte datum. Provide x-sections at 14 designated locations. Phase 2: Topographic survey, locate surface indications (MH's, PP, Signs, Junction boxes etc.) of private and public utilities (call One Call and locate markings)obtain utilities maps,.provide location and depths of storm and sanitary sewer and surface indications. (MH's, Valve, FH's etc.) of water lines., boundary and topographic survey for proposed 3 acre mitigation site. . ESTIMATED .COST: Cost Phase 1 $ 8,550.00 Phase 2 $ 9,900.00 Work to be started 7 working days from authorization to proceed and completed within 20 working days. Provide AutoCad file, and text file. CivilTech City Laporte prj 19 rev CITY OF LA PORTE BUDGET ADJUSTMENT FORM whole numbers only ACCOUNT PROJECT EXPLANATION AMOUNT OF NUMBER NUMBER OF TRANSFER INCREASE DECREASE FROM: 050-9892-967.1100 GEN-957 Professional Services ;J (i,:G's1C W. 67,80 TO: 050-9892-957-4300 PmIllmina Deal n 67,600 FROM: Shady River (Taylor Bayou Id%':r�"x :rk •-=` TO: HCFCD Unit A-104-00-00) FROM:vi'i'=ri u TO: FROM:TO: a•. .° .-;".Z FROM: r'y: r ctai TO: FROM: TO: -Z a FROM: FROM: FROM: FROM: TO: ;aw }tom{itii FROM TO. FROM rt c 'z.c"Yk TO: FROM: sr:cdvf > 5'; TO FROM: FROM: TOTAL 57,8001 67,800 DEPARTMENTAL APPROVAL: FINANCE APPROVAL: DATE: REVISED 8n4/98 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Julian Garza Department: Plannin¢ Report: X Resolution: _Ordinance: Exhibit: Proposal for Engineering Services for Battleground Estates Proposed Improvements Exhibit: Exhibit of Proposed Improvements for Battleground Estates Exhibit: Proposal for Engineering Services for Shady River Proposed Improvements Exhibit: Exhibit of Proposed Improvements for Shady River Appropriation Source of Funds: GEN 957 Account Number: 050-9892-957-1100 Amount Budgeted: $224.220.00 Amount Requested: $224,220.00 Budgeted Item: RYES NO On August 4, 2011 Staff presented to the Drainage Committee Proposals for Engineering Services as authorized by City Council on May 23, 2011, for Preliminary Engineering Design of Battleground Estates and Shady River. The Drainage Committee authorized Staff to present these proposals to City Council for approval. Preliminary Engineering_ Design of Battleground Estates: This report will evaluate and determine what improvements are needed to reduce the structural flooding within Battleground Estates. This work effort will be a two phase approach with the first phase evaluating the restricted culverts at North P Street and the F101-00-00 channel and the second phase evaluating the local drainage element within the Battleground Estates and the downstream channels. Staff will present the results of phase I and request authorization before proceeding with phase two. The scope of work includes all elements necessary for design including Geotechnical Investigation, Environmental Study and Surveying. This report will include updating the watershed hydrology to include new residential and commercial development in the upper Taylor bayou watershed, develop a hydraulic model for the channel from its study limits to SH 146, determine the limits and size of the proposed channel improvements to hydraulically convey the 100 year design storm within the channel banks and locate and hydraulically size a mitigation pond volume and control structure to mitigate impacts from the proposed channel improvements. This work will be phased by task to avoid unnecessary engineering design if the hydrologic analysis concludes that channel improvements are not needed. The scope of work does not include the necessary design elements including detailed survey information, Geotechnical Investigation and Environmental Study due to the nature of the scope. Proiect Benefits Liabilities and Annual Operation Cost The City Wide Drainage Report identified F101-00-00 in Battleground Estates and Taylor Bayou in Shady River as the potential cause of structural flooding. The preliminary engineering reports will evaluate the channels to determine what improvements are needed to reduce structural flooding in these areas. There are no annual operating costs associated with these projects at this time. Action Required by Council: Authorize the City Manager to execute a contract with Klotz Associates, Inc. for the Engineering Design of Battleground Estates in the amount of $166,420.00 and witlt`'Civil'Tecl` for a total authorized amount of $224,220.00. Approved for City Council Aeenda Ron Bottoms, City Manager Date t i CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947-6606 Fax (713) 947-6609 www.civilconcepts.com DATE: October 6, 2011 77-71 TO: Melvin G. Spinks, PE CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone:281-304-0200 Fax: 281-304-02 10 FROM: David Newell, RPLS,LS,CFM SUKvL'YumV YKVYVJAL,: ec11Y A-tU4-uU-UU PROJECT Provide topographic survey, establish of project control DESCRIPTION (horizontal and vertical), right-of-way and for proposed channel improvements along the HCFC channel A104-12-00 from confluence with A104-00-00 to upstream of Golf course. Phase 1: Establish Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 adj.)and correlate to City of Laporte datum. Provide x-sections at specified locations. ESTIMATED I Cost Phase 1 $ 8,500.00 COST: Work to be started 7 working days from authorization to proceed and completed within 12 working days. Provide AutoCad file, and text file. CivilTech City Laporte prjl9 rev CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947-6606 Fax (713) 947-6609 www.civ ilconcepts.com DATE: I September 28, 2011 TO: Melvin G. Spinks, PE CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone:281-304-0200 Fax:281-304-0210 FROM: I David Newell, RPLS,LS,CFM SURVEYINU rKUYVJAL: 171V 01 17 A-1U4-UU-UU PROJECT Provide topographic survey, establish of project control DESCRIPTION (horizontal and vertical), right-of-way and for proposed channel improvements along the HCFC channel A104-12-00 from confluence with A104-00-00 to upstream of Golf course. Phase 1: Establish Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 adj.)and correlate to City of Laporte datum. Provide x-sections at 22 designated locations. ESTIMATED I Cost Phase 1 COST: $ 13,400.00 Work to be started 7 working days from authorization to proceed and completed within 12 working days. Provide AutoCad file, and text file. CivilTech City Laporte prj 19 rev e F2�1�SA' .;.,-.,,,,a, - a @,1- s l ti 4�• �o to _ • s. >:• s �1� , 9t EAST • W A ST WA ST ti � 4 w � wBST .4 F - w B sr Legend t O a•O Analysis Node LrCST ' wcsrI ; WC- sT� i , r: -1 a ?p, Model Cross Section _ ' m w xi1 Streams ; *SJN . - 500-Year Flooding DST # AC 100-Year Flooding , 50-Year Flooding i 1 WEST '� ZLGA V' E T ® N BA i /, t ____110-Year Flooding + WATER - HED � - y r Revised Subarea A104A Boundary FEMA Subarea Boundaries 1 �G FEMA Watershed Boundaries , r � w�sr � o4r d �l F ` I ..0 �A � Est oo I 2010 AERIAL- NAIP wq 1 ' xi ENST 0 800 1,600 • _ Z a m wxsT sf * 44 r , '417 H ST r? C -4 4 ; Feet N ._; =" 4t 6 (A104-07-01) - ,Wu�.�•K.? e t"1 "-K• t ,.,e - �..:_ .° + 1 ♦ �� 1 , •ii - r E FAIRMONT PKWY ' 1 .:.1 C S1 .r 311 ....� _ 11 ` — S SM1�6-SH'116^r , • �. - - _. WFAIRMOI'IT - `- ' _ ( _ •. •_ 4T 4v� +`• --- x e .sue f..; E K SST .7 +.s s. y FAIRMONT PKWY -- � - s�..� -,' a W K 1 •�r-� N W K ST I 0 1 mM LAVE O C YP I. WiST In t. - �~,•,' - , z ;, ,e �•. W M 5T E ST _ a— WMST J • CEDARBAYOUDR � t{. ...FAIRM( GAR�N 1ORCONI�ERCIR , � F21 � T _ t W-- f , rt: EDCEwooD I . . i CT Al Ate '• 1111 ► }'` BAY HARBOR D3? tom. .f , x � nt ,ti I -. RTON W NIS 14 CT FMWAYL ANDREWS . i• 2 D ! I O OAKHURST sT it A104-1 R C� 1 , 46535 j$, B _ 7 wry PRIMROSE IN • f �-T ( - 44 :ye • pt A Y L ® R BAY • ,•. JUNIPER DR - OTA 3gQ' ,NINE IRON OR__. r�.,- ,3552 9 6' � B A E R _:...__ y• .�� d' a` SANDTRAP RD" LA 1 04.2 3186-9-20' >n t>._ r>• h 35540' 1 P.99 — RD _ •• MC CABE 9 3057-7.45• 4s � _- , �' - - a 1 alj• �' .. - 35314-6.61' y�o _ BAY � - . . swr a BLUFF ST ST ( �" PINE BLUFF � .. �,„• - � '_�` 35090-6.66' A A104-6 m • HACIBERRY T _ > r z -, S . 2117-6.22 n .. s YSmE r n C m O � ' 1f - tf>. �• - D 1832-8.19' K 1 FAL AVE IL , 7A .. - � d _ ^k,_ �,`• 90 ,yv�C�r p1 -1 y SHADY RIVER RD 1096-6:16' DWIRE . � �, 1o2s-s.eo• BAY AKS v BAY OAKS DR m �• D t .r.,. -j` � ,��,1+ ;AA'104-3 E „E• 14j \G � y f 40 167 5.75. VE YB K 32363.5,9 A104-4 MEADOWI AVE 32119-5:78' 1, ti4 • ! ' -' 31613-5-75. ST vE • } ,t; j f 3' ( SST VE �S� `1 �' � } I7 , CIR j' - . FOREST O SEA6ROVE ST • -. •` 1� A1fE m a = caOVE'sr iP�, e In '� :. ... 30777 3o7s6 � 7o 30i5t -A1041 A , sHOREncREs BLw •,erg—'",r"" a ...._, r 30577 �,: D �j• m� ter. +w - .. •. � - - 3 � CHOATE 30280 S t �. � SIWDYLAWN T � i • l . . • $C L�Vg 0 'off' YWOOD VE 1 , j s f . °LMRy �(p1 C9� ". 1r ( o !`! ' ' BQR jGd� BAYWOOD mo (A104-10-0z) COLON" -is Y z d z J 'BAY 5,'. _' • '.�-. I - 29637 W - , ,� p' A�Q4-Q0-00 TAYLORS BAYOU 410400-00) I SHADY LN c z • 1v _.• . .t O +` 5'395, i� + : BAYPORT CH ANNEL(F300-00-00) - 1 k d s �_�_�>.�- +•; _ -R'a'�i• DL - x -'1 . A1040000 236 J '' f i{� � r � ' ►k'. . �":E-iy� *, a�IY o ". 1� r" .�-_"t"-��, 4,e, 1 2pB ., I p • r • 4 1f' T _ O S . k , �� x t cif " -" t -•'�`# tee .Ar .. 1 - *5- ' II --: ' - S A1o4B 1 ,;rf j. r �r (F301-01-00) •. Y,• 'QOZ ' ' / •r � � r- ! �" 'fir �.:. .. 1 — a � i > ,yam 11 t a (F302-00-00) (F302-01 )0) 1 D44A ■r 19419 19598 11821 Telge Road p•'� .If•-71 Civi' i ec (A1oa-oa-oo) ` Cypress,Texas 77429• - • -'. 5. . - : ..,•t ' Phone: (281)304-0200 Inc. g i gi Enneern , ( ) Fax: 281 304-0210 HYDROLOGIC AND HYDRAULIC STUDY FOR TAYLOR BAYOU, HCFC UNIT A104-00-00 -2 SHADY RIVER SUBDIVISION y TAYLOR BAYOU AND TRIBUTARIES • - � ' FLOOD INUNDATION MAP } DECEMBER 2011 JOB: 310017 EXHIBIT 4 F2,r1► A :s . W MAIN ST iW A ST ASST O � ° 9■ WAST 1, *. >p a. 7 � N fn a IA A Y , Legend I V SST OAnalysis Node { �+ ≥r W C ST; Model Cross Section M,C ST = i _ a r�72 �8r .x • Streams . __ . 4., Revised Subarea A104A Boundary DST S A .N J A I N f `�." f$t $r FEMA Subarea Boundaries FEMA Watershed Boundaries F G _ E T 0 N B b� WEST [: f I [., r4'• �y bo t 1 r. • 4 WATER HED 2010 AERIAL- NAIP ' � • 0 800 1,600 ,. 4° V = e Feet A l tl1 c9 k G ST t y `ir i F i1 01 • , EHST - 4 WHST C�F• 04 YK ' —1 x S N aW H ST C i + y (A10407-01) : ,: #t, l {K Y1 • ii y4 • • , rev SSH146-SH716.„ , -• -,-� �?' _ dt vim FAIRMONT PKWY - -. 4 I ! EKST � - - 1. INKST ,. �� � � 11. � WKST .� r,`� � � ,� t LAVE � D wT • -. _ _ WMST WrST ST - °A AR BAYOU DR � t,,FA[RMONT;;y� ''$, r `• � L /f . : �t• Q' • . + I GARDEN WALKDR O 1bZc I1yI_O1c1 _ k I � a9 m ° 04A x F21 ,]I EDC,EWOODST• 3 3c % .CT �!� �'IiHOWALS •I siD' Z > t ,, • Al 4- I. . \ •: F -i... �� ; I i _N vYl[ARTONMS LY°- • .. , S CT • • FAIRWAY DR f' {r y _ URST ST BAY ST I A104-1 . SYST 1 �. w , 1053•935 % '- � pRIMROSELN ZZZ ' A Y L 0 R BAY _ ^a9 JUNIPERDR A1045 o= ,.. ■ h "° l ,-- Z 3552-926 ■ B WA ER . H Q A104A / �NNEIRON p ST CCC �• A„r„r � yd' sANDTRAPt� 55 ,,-b• A104-2 � 3196-920' r_ ^ . ' I . 3057 T45' p m - - 35429 11.39 - - , - yr -.. MC-CABE'RDY SHORE'DR '�.. 35314'-`6.61 • '• m rl w"T, s.■Y y PINE BLUFF ST ST m - �,.. .. ..;.,.- ._ ,'_..-.._. a• '.+� - ,1 :. (�7�, 2563-ii6• � � -. r s RYIST r e. � • HACKBER A 104""-6• t � 717 YS�E'OR � .�,"f• �. R t . ./� 1 I l I • ,632-6.19' 'rte 6M1•y � • • -' 1054. 6 bt } • 1h � ,. ty '� 1025-5-x• • 1 t 1G O BAY OAKS -- _- BAY OAKS 1 DR � - • 4` v l Fr A 104-3 FAIRFIELD vE 5 7T` ,. # ... 510 F"- - • , F/URF 1-D AVE . i� _ 1 D 11gj5.5.• ..' OL 32363-5:79' • AVE LAWN A104-4 ,87-5:7S ,E yEAppyyLAWN ry! I •• •I • WINDLEAF,DR LL 32119 31613-5:T0. FOREST AVE • 3— ate^1 �I l • ' FOREST AVE G\� ,y6 �•' .: '. i l�� m 31190 5:51' !!!. 1T •. - OAKLEAF p � �Gy $EAGROVEsT • r ��� .: UJm FORESTAVE A $ z SEAGROVE:ST $` ` F r19r ' i m G h : "{ 7 _ • • - 7• 95 p Cf a• } y -Al '� 3 W S,IOrtEACRES BLVD 3p777 397s6 7i{ OAKDAtE 3o6sa A ( 1 A .. 30577 �!• _ m� . 1 02111P SHADYLAWN T m iq�p4 . rwiY+'9'issa.s x, , {— �Jv 1p�3 _ - { , IL C Gyve YWOOD AVE ' • . . >E'� I 0P � �1'- c�# I �f �'Tipyc •t c ��,I ^ff + _,� c, �O (A104-10-02) a .:. f I �39a oi( s'-tl, r i •) • � BA OL NY R •z a 39637 r p .-, A104-00-00 TAYLORS BAYOU(A104 00 0) S = s � t a 0 r • - BAYPRT�CHANNEL(F00-00-00) �. --- -- - �•�"._ py# ��! f - �, .r-- ''- i � � � f f7r`s r `• 4'�1 i ry.. F ::'�'f. ,. - '�' �' � ,: o - "C-y �'P:# � - _ : a • z h ° • >� a� .-.. .' O = 1,� tt •u.:- r:1t51-k' �v , � ' 3 i .- yr- ^"- �. ,� $',r � u i � � �` � �L k�'+>f� 9•t� •��i at i! i •.���� 1 ,3 � r, .. Al 4B l " ��_ { • t f _ 5 • - _ _.. _ I , , R. ,, •fir � ,.,:,� �,,; , _ *� � , _ � .. _.�.•. -�,p t* --' sue:,�, .�...�.,..°.-. •. Al 0404-A c i 02 m 194,9 11821 Telge Road • [ civillrech Cypress,Texas 77429 Engineering, Inc. n0 304-0200200 A 1 � _ HYDROLOGIC AND HYDRAULIC STUDY FOR •} TAYLOR BAYOU, HCFC UNIT A104-00-00 SHADY RIVER SUBDIVISION Al 4 F2-20A' ) TAYLOR BAYOU SUBWATERSHED MAP SUBAREA A104A DECEMBER 2011 JOB: 310017 EXHIBIT 3 ti wcsT W D ST ` WEE 'T' 'W E4 16B f � 1* 4 WNST s M -071 tZ of, ztko + I x .U. Ilk r4k LS IKE .�... Legend s Model Cross Section .4 T II.6_ tie reams i '4 R d S h d B dary Revised ubwaters a Boundary FEMA Subw atershed Boundary QFEMA Watershed Boundary FEMA FLOOD HAZARD kG z � FLD_ZONE, FLOODWAY ` WGST "0 ZONE X, 0.2° /° Floodplain - ZONE A, 1 % Floodplain w E H ST _ , _..". ZONE AE, 1 % Floodplain ZONE AE, Floodway b _ r `a r=Li2010 ' AERIAL - NAIP w I - �� E FAIR MONTH / 5,,,w _. Q 0 800 1,600 S SH146 SH746 Q EKST,, v Feet w . F O., GARDEN WALK DR c• �V I b to N N S 4 M-- !-., r ^^ T ]KA�SEMENT Y�'ILUpIq � STATE OF -YEMA& M40W ALL MEN BY THESE PRESENTS OF iS COUNTY That I, \�1'tliAu lx L�.-L ("Grantor"), for and in consideration of aid by the Dollars ($10.00) cash and 'other good u ndipaluacorporation,le the receipt and CITY OF LA PORTE (-Grantee"), and sufficiency which no of which is hereby acknowledged and confessed,GTED for rBARGAINED, lien is retained, either express or implied, has this day SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said and assigns the perpetual right, privilege Grantee, and to its successors and easement, with appropriate rights of ingress and reasonable working area for to enter upon and construct, reconstruct, construction and maintenance, repair and remove storm drainage, water maintain, operate, inspect, replace, P appurtenances through and under that certain tract or parcel of land distribution and sanitary sewer facilities, to with al thereto, over, across, 4 more particularly lying and being situated in Harris County, Texas, and being described on Exhibit "A" at hereto and made a part hereof for all purposes. appurtenances thereto in anywise belonging unto said TO HAVE AND TO HOLD the above described easement, together with all an singular the rights and aPP in accordance with the terms and and its successors and assigns, ' bind himself, his Grantee, the Grantor does hereby conditions hereinabove set forth, singular the said heirs or assigns to WARRANT AND FOREVER DEFEND, all and against every person easement unto the Grantee, its sor to claisors or m the same or any part thereof. whomsoever lawfully Grantor and Grantee further acknowledge and agree that the Utility Easement is the. final expression of their agreement concerning the easement described on Exhibit "A" attached hereto. day of At�fP-"L 2010. WITNESS THE EXECUTION HEREOF on this t�e��- This instrument was acknowledged before me on the J�H day of aal 2010,. by JA3• Notary Public, State of '"�E" no. MAILING ADDRESS OF GRANTEE: Natasha L. Lewis NOTARY PUBLIC - ARIZONA CITY OF LA PORTE piMACOUNTY P.O. BOX 1115 My CpnmLuion E>�ims Februa 28, 2072 LA PORTE, TX 77572 r ,- A twenty foot (20') wide strip of land within the property of Tract 29A & Reserve, Shady Oaks subdivision, Harris County Texas and more expressly described as follows: Beginning at the southwest corner of Tract 29A & Reserve of Shady Oaks subdivision, thence east 131.85' at a bearing of N 890 20' 00" E, thence north 20.00' along the right-of- way line of Boggy Bayou, thence west 132.56' at a bearing of S 890 20' 001, W, thence south 20.00' at a bearing of S 00 40 001, W, back to the point of beginning and containing 0.06 acres, more of less.