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HomeMy WebLinkAbout10-11-21 JAY MARTIN, CHAIRMANCHUCK ENGELKEN MAYOR PRO TEMCOUNCILPERSON MANDI WILLIAMSBILL BENTLEY, ALTERNATE COUNCILPERSONCOUNCILPERSON MINUTES OFTHEDRAINAGE AND FLOODING COMMITTEEMEETING SEPTEMBER 13, 2021 The Drainage and Flooding Committeeof the City of La Portemet on Monday,September 13, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00p.m. to consider the followingitems of business: Committee Members present:Jay Martin, Chuck Engelken, Mandi Williams Committee Members attending remotely: Bill Bentley (alternate) Committee Members absent: None Council-appointed officers present: Corby Alexander,City Manager;Lee Woodward, City Secretary; Clark T.Askins, Assistant CityAttorney CALL TO ORDERChairman Martincalled the meeting to order at5:00p.m. 2. CITIZENCOMMENT (Generally limited to five minutes per person, in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) There were no citizen comments. 3. STATUTORY AGENDA a.Presentation, discussion, and possible action to approve the minutes of the August 9,2021, meeting. \[Chairman Martin\] Member Engelkenmoved to approve the minutes;the motion was seconded by Member Williams; the motionwas adopted, 3-0. b.Presentation, discussion, and possible action regarding recommendation to the La Porte City Council of proposed amendments to the City of La Porte Code of Ordinances Chapter 94-Floods.\[Lorenzo Wingate, Assistant Director of Public Works\] Member Engelken moved tohave staff rework the proposalsand bring the ordinanceback at a later date; the motion was seconded by Member Williams; the motion was adopted, 2-0, Chair Martin voting against.The Committee elected to discuss the freeboard clarifications and, without objection, chose to approve recommending, to Councilthe minimum freeboard clarifications necessaryto remain in compliance with the minimum CRS requirements. c.Presentation, discussion, and possible action regardingstatus of drainage infrastructure project for property near the Pasadena Convention Center, under terms of the interlocal agreement between the City of La Porte and the City of Pasadena. \[Lorenzo Wingate, Assistant Director of Public Works\] Lorenzo Wingate, Assistant Public Works Director,said the professional services agreement was expected to be presented to the Committee at its next meeting. September 13,2021-Drainage and Flooding Committee Minutes d. Presentation, discussion, and possible action regarding the Harris County Flood related to flooding in the City of La Porte. \[Lorenzo Wingate, Assistant Director of Public Works\] The Committee expressed disappointment concerning the length of time since Harris County Flood Control representatives had attended a Committee meeting. e. Presentation, discussion, and possible action regarding the status of current drainage projects. \[Lorenzo Wingate, Assistant Director of Public Works\] Lorenzo Wingate, Assistant Public Works Director, confirmed that he believed the Bayside Terrace and Brookglen interlocal agreements were close to consensus with the County. Mr. Wingate also mentioned that several drainage projects have been identified for potential opportunity to expend ARPA grant funds. f. Presentation, discussion, and possible action to provide administrative staff of the City with direction, if necessary, regarding additional drainage concerns. \[Lorenzo Wingate, Assistant Director of Public Works\] Lorenzo Wingate, Assistant Public Works Director, said the department was addressing drainage concerns on Bay Harbor Drive brought to their attention by Chair Martin at the previous Drainage Committee meeting. 4. Set next meeting - The next meeting date was set for October 11, 2021. 5. Committee Member Comments Members had no comments. ADJOURN The meeting was adjourned without objection at 5:53 p.m. ____________________________________ Lee Woodward, City Secretary September 13, 2021 - Drainage and Flooding Committee Minutes REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits: Budgeted Item:YesNo SUMMARY & RECOMMENDATION City of La Porte staff and City of Pasadena coordinatedto renegotiate terms of the inter- local agreement related to Ordinance No. 2012-3421, for detention capacity located near the Pasadena Convention Center.Staff has negotiated the attachedproposal, provided by Halff Associates, Inc.,to provide engineering services related tothis project. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate August 31, 2021 Mr. Lorenzo Wingate Assistant Director of Public Works rd 2963 N. 23 Street La Porte, TX 77571 RE: Engineering Services Fee Proposal 100 Acre-Foot Interlocal Detention Project Dear Mr. Wingate: Halff Associates Inc. (Halff) is pleased to submit our proposal to provide engineering services for the 100 Acre-Foot Interlocal Detention Pond Project for the City of La Porte in conjunction with the City of Pasadena. The purpose of this project is to perform a hydraulic and hydrologic (H&H) study and prepare plans, specifications, and estimates (PS&E) for the construction of a 100 acre-foot detention pond required to fulfill the terms of an Interlocal Agreement established between the City of La Porte and the City of Pasadena. The project area is within a 100-acre tract owned by the City of Pasadena, generally bound by Harris County Flood Control District (HCFCD) channel ID B112-00-00 to the west and W. Fairmont Parkway to the north. This proposal will address development of a drainage report in the study phase, final design plans, and construction phase services. Basic necessary services include topographic survey, geotechnical analysis, cultural resource analysis, and environmental analysis. Additional services include more detailed environmental analysis, construction staking, and subsurface utility engineering (SUE) that can be authorized on an as-needed basis by line item. In the study phase, Halff will analyze existing conditions and evaluate the proposed 100 acre-foot detention pond alternatives in order to prepare an impact analysis report to be approved by the City of La Porte, City of Pasadena, and HCFCD. After the report is approved by both entities, Halff will design and prepare construction drawings, specifications, and cost estimates required to implement the proposed improvements. The construction drawings will adhere to City of La Porte and HCFCD standards and will be submitted at three milestones: 60%, 90%, and 100%. Halff will assist the City of La Porte through the bid phase process for all project components and into construction by reviewing and responding to submittals and RFIs, preparing revisions, and preparing record drawings. The City of La Porte will serve as project coordinator and approver, and the City of Pasadena will serve as project customer and approver. Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 2 The basic services are divided into the following tasks, based on actual time and materials (T&M), and shall not exceed the anticipated level of effort and associated fees shown below. Basic Services 1. Study Phase Services $ 78,096 (T&M) 2. Design Phase Services $ 195,597 (T&M) 3. Construction Phase Services $ 11,034 (T&M) Total Basic Services:$ 284,727 Halff has scoped the following additional services to be authorized at a later date on an as-needed basis. Additional Services: CWA Nationwide Permit $ 10,440 (T&M) Cultural Resources Constraints Analysis $ 15,360 (T&M) Phase II ESA $ 23,640 (T&M) Subsurface Utility Engineering $ 4,820 (T&M) Construction Staking Services $ 2,955 (T&M) Total Additional Services: $ 57,215 Total Basic & Additional Services: $ 341,942 Line items are intended to be authorized and released contingent on available funding. We appreciate the opportunity to be of service to fulfill the terms of the Interlocal Agreement established between the City of La Porte and the City of Pasadena. Please feel free to contact me if you have any questions or comments concerning this proposal. Sincerely, Halff Associates, Inc. Approved by: ______________________________ Long Nguyen, P.E. Corby D. Alexander Public Works Team Leader City Manager, City of La Porte Attachments: Attachment ÐAÑ: Detailed scope of services Approved by: Attachment ÐBÑ: Detailed level of effort Attachment ÐCÑ: Vicinity map Attachment ÐDÑ: Project schedule ______________________________ Attachment ÐEÑ: Topographic survey proposal Robin S. Green, Jr., PE Attachment ÐFÑ: Geotechnical services proposal Director of Public Works, City of Pasadena Cc. File Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 3 Attachment ÐAÑ The purpose of this proposal is to complete a study phase, develop final design plans, and provide construction phase services for the 100 Acre-Foot Interlocal Detention Pond project. The proposed project area can be seen in Attachment ÐCÑ. The proposed project schedule can be found in Attachment ÐDÑ, and will be updated as needed. SCOPE OF SERVICES Study Phase Services: Task 1: Impact Analysis Report Halff will conduct an impact analysis and submit a report to the HCFCD for formal approval. Tasks will include: a) Project Management Î Conduct regular progress meetings and conference calls with City staff. Conduct a pre-submittal meeting with HCFCD to present the project. Conduct up to two (2) presentations to City Council. b) Data Collection Î Review previous HCFCD model and documentation for Armand Bayou Watershed Protection Plan (ABWPP). Conduct one site visit to understand existing site conditions. Should multiple site visits be necessary, the City will not be charged an additional fee. c) Existing Conditions Update Î Update the existing conditions H&H model from the ABWPP in preparation for the proposed 100-acre-foot detention facility including revision of cross sections and update of land use near the proposed facility. Scope assumes that the existing conditions model will only require minor updates. d) Proposed Conditions Analysis Î Analyze up to two (2) pond configurations of the detention facility based on design constraints and discussions with City Staff including preliminary grading of the facility. Incorporate upstream proposed projects as provided by the HCFCD as part of the ABWPP. Coordinate with HCFCD regarding the proposed improvements. e) Estimate Probable Construction Costs Î Develop an opinion of probable construction cost using preliminary grading and known utility information for the project. A 30% contingency will be included for this phase of the project. f) Impact Analysis Report Î Summarize the impact analysis and submit a draft and final drainage report to the City of La Porte for approval. Upon approval by the City, submit a sealed drainage report to the HCFCD. g) Quality Control Î Perform QA/QC on all deliverables Task 2: Environmental Analysis During the study phase, Halff will perform environmental services associated with delivery of the 100 Acre- Foot Interlocal Detention Pond project, including: a) Phase I ESA o As requested by the City of LaPorte, the Halff Environmental Team will conduct a Phase I Environmental Site Assessment (ESA) for each of the proposed pond locations. Phase I ESAs are relatively modest investigations of the conditions that exist at a given site at the time the observations are made. Typically, only visual observations of the condition of the site are made principally to determine if investigations that are more detailed are justified. Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 4 The Phase I ESAs will be conducted in accordance with ASTM E1527-13 Standard Practices. b) Wetland Delineation and Jurisdictional Determination o Perform on-the-ground delineation within the full Project limits at both potential locations to identify the limits of WOTUS, including wetlands, as defined in the United States Army Corps of Engineers (USACE) ÐWetland Delineation Manual, Technical report Y-87-1Ñ and the ÐRegional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0).Ñ o Employ GPS surveying techniques per USACE Galveston District operating procedures to delineate the limits of potential WOTUS and/or wetlands. o Complete necessary wetland data forms and take on-site photography for representative site features. o Prepare draft and final reports describing the methodology and results of the investigation, so that the report may satisfy the jurisdictional determination requirement for any future permits. Geographic Information System (GIS) shapefiles of the field data collected shall be provided with the final report. o Prepare either an approved jurisdictional determination (AJD) or preliminary jurisdictional determination (PJD) form for submittal to the Environmental Protection Agency (EPA)/USACE. o Accompany USACE for field verification during the jurisdictional determination, if required by USACE. Make revisions to report as required. c) Threatened and Endangered Species Assessment o Halff will conduct a threatened and endangered (T&E) species and habitat assessment at both potential project locations as defined above by performing a literature review of federal-and-state-listed threatened and endangered species for Harris County and evaluating the study area for suitable habitat for identified species. The investigation will also include a search request for the Texas Natural Diversity Database (TXNDD). TXNDD is a record of occurrences for rare plant and animal resources that is based upon the best available information to Texas Parks and Wildlife Department (TPWD). The TXNDD data does not equate to absence of a species on the site, general observations during field visits shall be utilized. The Engineer shall provide a T&E report, signed by a qualified expert, addressing: Whether preferred habitat or designated critical habitat for any listed species is likely to be presented within the project area, Whether any listed species is likely to occur, and Whether the project will affect or has the potential to affect federally listed species, Whether the project is likely to result in a ÐtakeÑ of a state-listed species. d) Cultural Resources Desktop Analysis o Halff will conduct a review of THCÓs Archeological Sites Atlas and Historic Sites Atlas to identify any historical structures, cemeteries, or archeological sites that have been recorded within the projectÓs area of potential effects (APE) for archeological resources and non- archeological historic resources. Halff will also review available historical maps, aerial imagery, soils/geology maps, and USGS topographic maps to assess the likelihood of undocumented historical structures, cemeteries, and archeological sites to occur within the APE. Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 5 All environmental reporting will be completed before any clearing of the site. The City of PasadenaÓs review and approval of the Phase I ESA will be required prior to initiation and authorization of the Phase II ESA. Final Design Services: Task 3: Topographic Survey Halff has contracted Amani Engineering, Inc. to perform topographic surveying services for this project. Amani will perform topographic survey for the future pond location on a 100Ó cross grid. Survey will include all above ground appurtenances, trees, and utilities. Amani will coordinate with Spectra Energy to locate the 30Ñ pipeline location and depth of cover. Amani will perform 500Ó cross sections along B112- 00-00 between Fairmont Parkway and Red Bluff Road. Please see Attachment ÐEÑ for more details. Task 4: Project Management for Final Design Project management services include: a) Project progress meetings, design review meetings, and conference calls b) Project site visits c) Coordination with HCFCD d) Coordination with subconsultants e) Coordination and communication with private utility owners to resolve conflicts Task 5: Civil Design Services All design work will be completed using AutoCAD Civil 3D and will adhere to the stricter criteria of the City of La Porte standards found in Chapter 5 of the PICM Stormwater Design Criteria Manual and/or HCFCD PCPM. Halff will develop a 3D terrain model of the proposed pond and surrounding improvements for use by the contractor during construction. Plans, specifications, and estimates will be submitted in three phases: 60%, 90%, and final. The drainage design will be based upon decisions approved by the City of La Porte and the HCFCD in the study phase. Drawings that will be prepared include, but are not limited to the following: Title Page Index of Sheets Legends and Abbreviations General Notes Existing and Proposed Typical Sections HCFCD Express Review Sheet Project Layout Quantity Summaries Survey Control and Benchmark Data Sheets Horizontal and Vertical Control Sheets Drainage Area Maps Hydraulic Calculations Plan and Profiles Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 6 Detention Pond Grading Plan Detention Pond Horizontal Control Plan Cross-Sections with Cut and Fill Calculations Demolition Plans Construction Access Traffic Control Plans / Construction Phasing Plan Traffic Control Details Storm Water Pollution Prevention Plans Standard Details Task 6: Geotechnical Analysis Halff has contracted Ninyo and Moore to perform geotechnical services on this project. Ninyo and Moore will drill seven (7) borings to a depth of 25 feet and collect soil samples continuously to a depth of 20 feet and at 5-foot intervals after. Laboratory testing will analyze soil samples and a geotechnical report will be prepared outlining dewatering recommendations, earthwork recommendations, slope stability analysis, and erosion and slope paving recommendations. This proposal also includes effort necessary for three (3) days of clearing and grubbing for site access to conduct the field investigation. Please see Attachment ÐFÑ for more details. Task 7: Bid Phase Services a) Attendance at the pre-bid meeting and compilation of notes for distribution. b) Preparation of pre-bid responses and responding to questions. c) Attendance at the bid review meeting and providing input on the selection process. d) Preparation of bid recommendation letter and bid tabulation summary. Construction Phase Services Task 8: Construction Phase Services a) Responding to submittals as requested by the City of La Porte b) Responding to RFI as requested by the City of La Porte c) Design changes/plan revisions as requested by the City of La Porte d) Preparation of record drawings Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 7 Additional Services: The following services have been scoped to be authorized on an as-needed basis line item by line item. Task 9A: Section 404 Permitting If the selected project location is determined to contain WOTUS, authorization under Section 404 of the Clean Water Act (Section 404) for regulated activities (i.e. placement of fill) below the Ordinary High- Water Mark (OHWM) would be required prior to beginning construction. HalffÓs Environmental Team will work with engineering and USACE to secure the appropriate permit to allow construction of the proposed detention pond. This task will include preparation of all permit components as outlined in ENG Form 4345, as follows: Name, address, and telephone numbers of the prospective permittee; Location of the proposed project; A description of the proposed project; the projectÓs purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the activity, in acres, linear feet, or other appropriate unit of measure; Project schedule; Names and addresses of adjoining property owners; List of authorizations required by other federal, interstate, state, or local agencies for the work, including approvals or denials already received; Delineation of waters of the United States (see task description); Section 404(b)(1) alternatives analysis with discussion of avoidance and minimization measures; Compensatory mitigation plan Î It is anticipated that the proposed project will involve appropriate avoidance and minimization of adverse impacts to aquatic resources. In the event construction of the detention pond would result in permanent adverse impacts to aquatic function and values the applicant would be require to supply compensatory mitigation. The USACE preferred method (by rule) is purchase of mitigation bank credits. However, in the absence of appropriate bank credits, the Applicant may evaluate on-site/in-kind mitigation alternatives to achieve appropriate mitigation. Mitigation requirements will be informed by the functional value of the wetlands as determined during the delineation, post-project conditional estimates, and pre- application discussions with the USACE to ensure the that proposed project meets compensatory mitigation requirements and the purpose and need of the project (conveyance improvements and flood risk reduction); Threatened and endangered species assessment (see task description); and Cultural resources assessment (see task description). Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 8 Task 9B: Cultural Resources Survey and Reporting Because the project is being developed by City of La Porte, a political sub-entity of the State of Texas, it falls under purview of the Antiquities Code of Texas (Title 9, Chapter 191 of the Texas Natural Resources Code), which requires the Texas Historical Commission (THC) to review actions that have the potential to impact archeological historic properties within the public domain. In order to enable the City to meet Antiquities Code of Texas requirements, Halff will conduct an intensive archeological survey within the project corridor. The work will include the following tasks: Antiquities Permit o Background research will be performed to determine whether any archeological historic properties listed on or eligible for the National Register of Historic Places (NRHP) or designation as a State Antiquities Landmark (SAL) are documented within or adjacent to the project area and if any previous archeological surveys have been performed in the area. Background research will also include a review of local soil, geologic and land use data to evaluate the potential for buried and undisturbed archeological historic properties in the project area. An Antiquities Permit application will be prepared and submitted to the THC for review along with a Research Design that summarizes the background research and description of the field survey methods. Field Survey o Upon receipt of the Antiquities Permit number assigned to the project by the THC, an intensive archeological survey will be conducted within the proposed project area. The field survey will conform to the THC-approved Archeological Survey Standards for Texas and conducted in portions of the project area that have not been previously surveyed. Shovel tests will be hand-excavated on a judgmental basis and conducted where the project area exhibits potential to contain undisturbed archeological deposits. Reporting o Halff will prepare and submit a draft report that conforms to the Secretary of the Interior's Guidelines for Archaeology and Historic Preservation. The survey report will summarize the findings of the archeological survey and provide recommendations regarding any additional archeological work, if needed, with appropriate justifications. Following a period of City review and comment, the draft report will be submitted to THC for review. After addressing any agency comments, Halff will submit a final report to the City and THC. Curation o Pursuant to 13 TAC 26.17, and after acceptance of the final report by the THC, all field records, photographs, and collected artifacts will be prepared for permanent curation at the Center for Archaeological Studies located at Texas State University in San Marcos, Texas. Task 9C: Phase II Environmental Site Assessement Halff will conduct Limited Phase II Site Investigation activities for the above referenced property. The purpose of the assessment is to determine the presence or absence of volatile organic compounds (VOCs) which includes the benzene, toluene, ethylbenzene, and xylene (BTEX) compounds, total petroleum hydrocarbon (TPH), and/or polynuclear aromatic hydrocarbons (PAHs) impacted soil and/or groundwater at the Site which may have resulted from unknown and/or undocumented releases. The proposed investigation will include the installation of three soil Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 9 borings, conversion of the soil borings into temporary groundwater screening points, and the collection and laboratory analysis of soil and groundwater samples. Task 10: Subsurface Utility Engineering Depending on the final location of the detention pond, the pond outfall may cross above or below the existing 30Ñ Spectra natural gas pipeline. In order to avoid a utility conflict, one (1) quality-level A pothole is scoped to identify the depth of the pipeline. Task 11: Construction Staking Construction staking services will be performed by Amani Engineering. Amani will recover and reset survey controls delineated in the design phase. This effort does not include staking out the pond boundary. Halff will provide design CADD files to the contractor for reference. Services Not Included: Tier II Water Quality Certification NEPA Documentation Construction staking of pond limits including top of bank and toe List of Assumptions: 1. All consultant fees shown on are considered to be time and materials, unless otherwise noted. 2. The City of La Porte will provide any procedures, policies, data collection systems, engineering guidelines, standards, and design criteria that will be required for this project. 3. The City of La Porte will retain ownership of any deliverables and electronic files created for this project but will not be supplied with software applications or licenses as part of this project. 4. The scope of services does not include any preparation or attendance at any public meetings pertaining to the project design or construction. 5. The City of La Porte will prepare the project manual and front end documents for this project. Halff will prepare the bid form, specifications, general provisions, and special specifications. Attachment "B" 100 Acre-Foot Interlocal Detention Pond Revision 1 Date: July 30, 2021 Revision 1: August 27, 2021 Principal / Revision 2:Project Senior CADD Managing Project EngineerAdmin ManagerTechnician Total HoursTotal Cost Director HOURLY RATE 210$ 165$ 120$ 96$ 60$ ITEM 1: STUDY PHASE SERVICES: Task 1 Î Impact Analysis Report 1.A Project Management41616365,400$ 1.B Data Collection816243,240$ 1.C Existing conditions Hydraulics and Hydrology21640587,860$ 1.D Proposed conditions analysis424804014818,240$ 1.E Develop estimated construction costs2816263,660$ 1.F Impact Analysis Report284016668,076$ 1.G QAQC4168284,440$ Subtotal Hours18962160028 Subtotal Fee$ 15,8403,780$ 25,920$ -$ -$ 50,916$ Task 2: Environmental Analysis 2.A Phase I Environmental Site Assessment (ESA)12406,780$ 2.B Wetlands Delineation / WOUS Identification and Reporting220408,520$ 2.C AJD/PJD Preparation and Submittal24243,960$ 2.D Threatened and Endangered Species Habitat Assessmen24243,960$ 2.E Cultural Resources Desktop Analysis24243,960$ Subtotal Hours84415200204 Subtotal Fee$ 7,2601,680$ 18,240$ -$ -$ 27,180$ TOTAL FEES: STUDY PHASE SERVICES:$ 78,096 ITEM 2: FINAL DESIGN SERVICES: Task 3: Topographic Survey Services (Amani Engineering) a$ 26,320 3.A Topographic Survey of Project Are Subtotal Hours Subtotal Fee$ 26,320 Task 4 Î Project Management 4.A Project Progress Meetings88162,280$ 4.B Project Site Visits88162,280$ 4.C Coordination with HCFCD88162,280$ 4.D Coordination with subconsultants1616324,560$ 4.E Coordination with private utilities881,320$ Subtotal Hours0484000 Subtotal Fee$ 7,920-$ 4,800$ -$ -$ 12,720$ Task 5: Civil Design Services 5.A Project Drawings Title Page1225597$ Index of Sheets1225597$ Legend & Abbreviations1225597$ General Notes1225597$ Existing and Proposed Typical Sections248141,578$ HCFCD Express Review Sheet246810$ Project Layout128111,173$ Quantity Summary Sheet123357$ Existing Drainage Area Maps1247789$ Proposed Drainage Area Maps248141,578$ Hydraulic Calculations1247789$ Plan and Profile Sheet for Outfall141224414,614$ Detention Pond Grading Plan and Development of 3D Terrain Model44024024052459,280$ Detention Pond Horizontal Control Plan21624424,554$ Cross-Sections with Cut and Fill Calculations2840409010,380$ Demolition Plan2816262,826$ Construction Access Plan2816262,826$ Traffic Control Plan / Construction Phasing Plan128111,173$ Traffic Control Details1247789$ SWPPP Layout 2816262,826$ Modification of SWPPP Details1247789$ Modification of Storm Sewer Details1247789$ 5.B Estimate of Probable Construction (60%, 90%, and Final)1424293,750$ 5.C Specifications2824344,620$ Subtotal Hours10904144380952 Subtotal Fee$ 14,8502,100$ 49,680$ 42,048$ -$ 108,678$ Task 6: Geotechnical Analysis (Ninyo and Moore) s$ 35,999 6.A Geotechnical Analysi 6.B Site Clearing for Access (3 days @ $3,200/day)$ 9,600 Subtotal Hours Subtotal Fee$ 45,599 Task 7: Bid Phase Services pre-bid meeting & compile notes224570$ 7.A Attend 224570$ 7.B Prepare pre-bid responses & respond to question 7.C Attend bid review meeting224570$ 224570$ 7.D Prepare bid recommendation letter & bid tabulation Subtotal Hours0880016 Subtotal Fee$ 1,320-$ 960$ -$ -$ 2,280$ TOTAL FEES: FINAL DESIGN SERVICES$ 195,597 ITEM 3: CONSTRUCTION PHASE SERVICES: Task 8: Construction Phase Services 8.A Respond to submittals216182,250$ 881,320$ 8.B Respond to RFI 8.C Revisions 416202,580$ 8.D Preparation of Record Drawings41624444,884$ 0184824090 Subtotal Hours $ 2,970-$ 5,760$ 2,304$ -$ 11,034$ Subtotal Fee $ 11,034 TOTAL FEES: CONSTRUCTION PHASE SERVICES $ 284,727 TOTAL FEES: PER, FINAL DESIGN, & CONSTRUCTION PHASE ADDITIONAL SERVICES: Task 9: Additional Environmental Analysis 9.A Nationwide Permit / Regional General Permit (if required8244010,440$ 9.B Cultural Resources Constraints Analysis (pending results of THC424409615,360$ 9.C Phase II Environmental Site Assessment (pending results of Phase I ESA48080 $ 23,640 Subtotal Hours16128160096 Subtotal Fee$ 21,1203,360$ 19,200$ -$ 5,760$ 49,440$ Task 10: Subsurface Utility Engineering (Amani Engineering) 10.A QL-A and QL-B SUE for 30" Spectra Energy Pipeline$ 4,820 Subtotal Hours Subtotal Fee$ 4,820 Task 11: Construction Staking (Amani Engineering) $ 2,955 11.A Construction Staking Subtotal Hours Subtotal Fee$ 2,955 $ 57,215 TOTAL FEES: ADDITIONAL SERVICES $ 341,942 TOTAL FEES: STUDY, FINAL DESIGN, CONSTRUCTION PHASE SERVICES, AND ADDITIONAL SERVICES 8/30/2021Page1of1 C MQ D @U N JG @ X JV O S M N L HQ @ E / ,/ 4 ,/ 01 +/- 100 Ac Ft A C D Q @ N M D F Mnsdr9 KDFDMC 05001,000 HCFCD Channels 1.NearMap 2021 Feet I Flow Paths Proposed Detention Pond 100 Acre-Foot Interlocal Detention Dwghahs Project Area B D R A F T Oqnidbs @qd` Document Path: I:\\45000s\\45765\\Prospect\\001\\GIS\\MXD\\ProjectArea_ExhibitC.mxdDate: 8/16/2021 August 17, 2021 Proposal No. 16-01103 Mr. Kurt Russell, PE Halff Associates 100 I-45 North, Suite 260 Conroe, Texas 77301 Subject: Proposal to Perform Geotechnical Evaluation Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project Southeast of Fairmont Parkway and Red Bluff Road La Porte, Texas Dear Mr. Russell: We are pleased to present this proposal to perform a geotechnical evaluation for the subject project. This proposal was prepared based on the information that we received from your office and it outlines our scope of services, anticipated schedule, and time and materials fee for this phase of work. SITE AND PROJECT DESCRIPTION We understand the City of La Porte in conjunction with the City of Pasadena plans to design and construct a new detention pond to be located south of Fairmont Parkway and approximately ½-mile east of Red Bluff Road in La Porte, Texas. There are two potential locations for the detention pond; however, a site has not yet been determined at the time of this proposal. It is anticipated the new detention pond will have an area of about 15 acres and will be about 10 feet deep with side slopes of 4:1 (Horizontal:Vertical). Based on a review of aerial photographs, the site appears to be heavily vegetated with trees and brush. We anticipate clearing will be needed to access some of the boring locations and have included a line item for clearing services within our cost estimate. SCOPE OF SERVICES Our field work and collection of samples will be in general accordance with Harris County Flood Control District (HCFCD) 2010 guidelines. 2313 W. Sam Houston Parkway N., Ste. 119 | Houston, Texas 77043 | p. 713.973.8400 | www.ninyoandmoore.com The scope of services we will perform for this phase of the project is outlined below: Perform a reconnaissance of the project site and mark out proposed boring locations. We will also contact Texas811 prior to exploration. Provide a dozer (or hydro ax) with operator to clear pathways to some of the boring locations. Drill, log, and sample seven exploratory borings at the selected site. The borings will be drilled with an ATV-mounted drilling rig equipped with straight flight augers and rotary wash equipment to depths of about 25 feet each below the existing ground surface (bgs). The borings will be covered to take measurements of the water level after 24 hours. Two of these borings will be converted to piezometers after completion of drilling. Collect geotechnical soil samples continuously to a depth of 20 feet and at 5-foot intervals thereafter. Samples will be taken using conventional split-spoon and/or thin-wall tube sampling techniques for laboratory testing and analysis. Perform laboratory testing that will generally consist of moisture content, No. 200 Wash, Atterberg limits, double hydrometers, crumb, and strength testing. We will also perform two Consolidated Undrained (CU) Triaxial Compression Tests. Prepare a geotechnical report presenting the results of our evaluation. The report will be sealed by a Professional Engineer licensed in the State of Texas and will include the following: Description of work scope, laboratory, and field procedures; Maps (including published faults in project vicinity) and boring plans; Boring logs and laboratory test results; Subsurface soil and groundwater conditions; Excavation characteristics of onsite soils; Dewatering recommendations; Earthwork recommendations, including OSHA soil classifications; Design recommendations for detention basin side slopes and liner (if needed). Slope stability analysis to evaluate allowable side slopes using estimated parameters; and Erosion and slope paving recommendations. ASSUMPTIONS The site is accessible to ATV-mounted drilling equipment and site access will be granted. We are estimating approximately three days of clearing will be needed to access the boring locations. The boreholes can be backfilled with soil cuttings from the drilling activities. 2 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 Some ground disturbance should be expected as a result of our fieldwork. Ninyo & Moore will contact Texas811 prior to performing our subsurface evaluation. We will not be responsible for damage to utilities encountered during subsurface exploration that have not been marked out or shown on plans. Ninyo & Moore will not need to obtain any permits or environmental clearance as a part of this project. Our field exploration does not include any sampling, testing, or chemical analysis of soil, groundwater, surface water, or other materials for the purpose of evaluating possible environmental hazards or risks. These services can be provided, if requested, as an additional scope of work. SCHEDULE We are prepared to initiate this project immediately upon receiving your authorization to proceed. Assuming that there are no delays due to inclement weather or site access restrictions, we anticipate that our fieldwork will be performed within about two weeks after receipt of the notice to proceed. We anticipate issuing a report within about six weeks after fieldwork is completed. FEE We propose to provide our services on a time-and-materials basis for an estimated fee of $45,599 (Forty-Five Thousand Five Hundred Ninety-Nine Dollars) as shown on the attached cost estimate. The above estimated fee assumes up to three days to clear pathways to the boring locations depending on which site is selected. Any additional services, not included in the aforementioned scope, will be charged on a time-and-materials basis in accordance with our current fee schedule. To authorize our services, please sign and return the attached Work Authorization and Agreement. We look forward to working with you. Respectfully submitted, NINYO & MOORE Jeff Rodgers, PE, PG Jay Sunderwala, PE Principal Engineer Managing Principal Engineer JSR/JTS/ls Attachments: Cost Estimate Work Authorization and Agreement 3 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 Willow Springs Bayou (B112-00-00) 100 ac-ft Detention PROPOSAL NO: TITLE: 16-01103 Pond ILA Project DATE: 8/17/2021 Ninyo & Moore Fee Schedule CODE FIELD STUDY/SUBSURFACE FIELD INVESTIGATION UNITQUANTITYUNIT COST TOTAL Mobilization/DemobilizationLS 1$700.00$700.00 Project Engineer, P.E. (Coordination) HR 2$185.00$370.00 Project Engineer, P.E. (Site Recon.) HR 0$185.00$0.00 Soil BoringFT 175$22.00$3,850.00 Piezometer InstallationFT 50$20.00$1,000.00 Graduate Engineer (Trips for water readings) HR 0$155.00$0.00 Vehicle ChargeHR 0$15.00$0.00 Clearing (includes dozer operator and staff time) DY 3$3,200.00$9,600.00 TOTAL FIELD / SUBSURFACE INVESTIGATION$15,520.00 BORING LOCATIONS & LOGGING Graduate Engineering (Locating Borings) HR 8$155.00$1,240.00 (Logging Borings) Graduate Engineering HR 20$155.00$3,100.00 Vehicle ChargeHR 28$15.00$420.00 TOTAL BORINGS$4,760.00 LABORATORY TESTING/SOIL TESTS Moisture Content of Soils by Mass (D2216) EA 66$9.00$594.00 Liquid and Plastic Limits (D4318) EA 28$65.00$1,820.00 Unconsolidated-Undrained Triaxial Compression EA 14$75.00$1,050.00 Unconfined Compressive Strength (D2166) EA 14$45.00$630.00 Percent Passing #200 Sieve (D1140) EA 28$60.00$1,680.00 Double Hydrometer (D4221) EA 7$175.00$1,225.00 Consolidated Undrained (D-4767) EA 2$1,980.00$3,960.00 Dispersive Characteristic by Crumb Test (D6572) EA 14$40.00$560.00 TOTAL LABORATORY / SOIL TESTS$11,519.00 ENGINEERING/REPORTING Principal, P.E.HR 6$210.00$1,260.00 (Comments) Principal, P.E. HR 2$210.00$420.00 Senior Engineer, P.E. HR 24$200.00$4,800.00 Senior Engineer, P.E. (Comments) HR 8$200.00$1,600.00 Project Engineer, P.E.HR 0$185.00$0.00 Graduate Engineer, E.I.T.HR 24$155.00$3,720.00 Graduate Engineer, E.I.T. (Comments) HR 8$155.00$1,240.00 Administrative Asst. / Clerical SupportHR 8$95.00$760.00 $13,800.00 TOTAL ENGINEERING / REPORTING TOTAL $45,599.00 1 WORK AUTHORIZATION AND AGREEMENT Please Sign and Return One Copy to: NINYO & MOORE 2313 W. Sam Houston Parkway, North, Suite 119 Houston, Texas 77043 PROPOSAL NO. 16-01103 1. PROJECT ADDRESS: Southeast of Fairmont Parkway and Red Bluff Road La Porte, Texas 2. PROJECT DESCRIPTION: Geotechnical Evaluation Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project 3. SCOPE OF STUDY: Please refer to proposal dated August 17, 2021. 4. FEE: $45,599 (Forty-Five Thousand Five Hundred Ninety-Nine Dollars Î Time and Materials) 5. PORTION OF FEE IN ADVANCE OF WORK: None 6. CLIENT: Halff Associates PHONE: 936-756-6832 100 I-45 North, Suite 260 Conroe, Texas 77301 CONTACT: Mr. Kurt Russell, PE PHONE: 936-777-6378 7. STATEMENT TO BE SENT TO: Client CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, hereinafter referred to as CONSULTANT, and Halff Associates, hereinafter referred to as CLIENT. This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified as No. 16-01103 dated August 17, 2021, and any exhibits or attachments noted in the Proposal. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of geotechnical consulting services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT has granted CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and landscaping. CONSULTANT will take reasonable precautions to reduce the potential for damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage or alteration is not part of this AGREEMENT unless so specified in the Proposal. 1 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any such claim, with compensation to be based upon CONSULTANT's prevailing fee schedule and expense reimbursement policy. SAMPLE DISPOSAL CONSULTANT will dispose of remaining soil, rock, and water samples approximately thirty (30) days after submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT's expense upon CLIENT's prior written request. MONITORING If CONSULTANT is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the Proposal, then this phrase applies. For the specified assignment, CONSULTANT will report observations and professional opinions to CLIENT or CLIENTÓs agent. No action of CONSULTANT or CONSULTANT's site representative can be construed as altering any AGREEMENT between the CLIENT and others. CONSULTANT will report to CLIENT or CLIENTÓs agent any observed geotechnically related work which, in CONSULTANT's professional opinion, does not conform with plans and specifications. The CONSULTANT has no right to reject or stop work of any agent or subcontractor of CLIENT; such rights are reserved solely for CLIENT. Furthermore, CONSULTANT's presence on the site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. If CONSULTANT is not retained by Client for the purpose of monitoring construction work or field activities, CONSULTANT will expressly not be held liable or responsible for such activities or for the geotechnical performance of the completed project. Monitoring of construction work or field activities and the geotechnical performance of the completed project is and will remain the sole and express responsibility of the CLIENT or other party designated by the CLIENT. CLIENT hereby agrees to indemnify and hold harmless CONSULTANT from and against any loss or judgment, suffered by the CONSULTANT as a result of a claim or lawsuit resulting from CLIENTÓs failure to monitor construction work or field activities for which CONSULTANT has not been retained. CONSULTANT will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT. It is mutually understood and agreed by CLIENT and CONSULTANT that CONSULTANT has no control or enforcement ability over any persons or parties who are not employees of CONSULTANT. CONSULTANT does not purport to be, nor is CONSULTANT responsible for, any safety precautions nor programs incident thereto for such non-employees of CONSULTANT. OWNERSHIP AND MAINTENANCE OF DOCUMENTS Unless otherwise specified in this Agreement or in an Addendum, and provided that CONSULTANT has been fully paid for the Services, CLIENT shall have the right to use the documents, maps, photographs, drawings and specifications resulting from CONSULTANTÓs efforts on the project, for purposes reasonably contemplated by the parties. CONSULTANT shall have the right, but shall not be obligated, to retain copies of all such materials and shall have the right to use the same for any purpose, unless such use would be expected to cause harm to CLIENT. CLIENT shall specify in advance, in writing, and be charged for all arrangements for special or extended-period maintenance of such materials by CONSULTANT. CONSULTANT retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services. Reuse of any material described by CLIENT, including publication to third parties, on extension of this project or on any other project without CONSULTANTÓs written authorization, shall be at CLIENTÓs risk, and CLIENT agrees to indemnify, defend, and hold harmless CONSULTANT from all claims, damages, and expenses, including attorneyÓs fees, arising out of such unauthorized reuse. BILLING AND PAYMENT CLIENT will pay CONSULTANT in accordance with the procedures indicated in the Proposal and its attachments. Invoices will be submitted to CLIENT by CONSULTANT, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. 2 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of three quarters of a percent (.75) per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by CLIENT to CONSULTANT per CONSULTANT's current fee schedules. In the event CLIENT fails to pay CONSULTANT within sixty (60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay the CONSULTANT's invoice as a breach of this AGREEMENT and CONSULTANT may cease work on the project. At CONSULTANTÓs option, CONSULTANT may waive said major breach upon payment by CLIENT of all arrearages and outstanding invoices. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by either party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to, the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect CONSULTANT by virtue of entering into this AGREEMENT to perform professional consulting services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CONSULTANT's liability, CLIENT agrees to limit CONSULTANT's liability to CLIENT and to all other parties for claims arising out of CONSULTANT's performance of the services described in this AGREEMENT. The aggregate liability of CONSULTANT will not exceed $50,000 for negligent professional acts, errors, or omissions, including attorneyÓs fees and costs which may be awarded to the prevailing party, and CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary limit established above. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CONSULTANT as a third-party nor by an award of attorneyÓs fees and costs to the prevailing party in excess of the aggregate liability agreed upon herein by the parties. Parties means CLIENT and CONSULTANT and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. INDEMNIFICATION If any claim is brought against CONSULTANT, its employees, agents and subcontractors and/or CLIENT by a third party, relating in any way to the Services, the contribution and indemnification rights and obligations of CONSULTANT and Client, subject to the paragraph titled ÐRisk AllocationÑ above, such claim shall be determined as follows: 1. If any negligence, breach of contract, or willful misconduct of CONSULTANT caused any damage, injury, or loss claimed by the third party, then CONSULTANT and CLIENT shall each indemnify the other against any loss or judgement on a comparative negligence basis (CLIENT responsibility to include that of its agents, employees, and other contractors); and 2. Unless CONSULTANT was liable for negligence, breach of contract, or willful misconduct which in whole or in part, caused the damage, injury, or loss asserted in the third party claim, CLIENT shall indemnify CONSULTANT against the claim, liability, loss, legal fees, consulting fees, and other costs of defense reasonably incurred. 3 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CONSULTANT of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CONSULTANT agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability, and/or defense costs for injury or loss arising from CONSULTANT's discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CONSULTANT which are found to be contaminated. DISPUTE RESOLUTION If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation, then: 1. The claim will be brought and tried in judicial jurisdiction of the court of the county where CONSULTANT's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and; 2. The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' and expert witness fees, and other claim-related expenses. GOVERNING LAW AND SURVIVAL If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Risk allocation and indemnities will survive termination or failure of this AGREEMENT for any cause. The parties have read, or had the opportunity to read, the foregoing, including all attachments, addendums, and exhibits hereto, have had an opportunity to discuss the same, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. Printed Name of Client or Authorized Agent Signature of Client or Authorized Agent Date 08/17/21 Jeff Rodgers, PE / Principal Engineer Date PM: JSR 4 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Draft ILA Bayside Terrace Budgeted Item:YesNo SUMMARY & RECOMMENDATION Receive report regarding Harris County Flood Control District(HCFCD)and Harris current and future plans relatedto flooding in the City of La Porte. City staff is currently negotiatinginter-local agreements with HCFCD for: Bayside Terrace Subdivision Improvement Project; Brookglen Subdivision Drainage Improvement Project; and F216 Drainage Improvement Project -Phase III. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate HCFCD AGREEMENT NO. 2022-72 INTERLOCAL AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter , and the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafte WITNESSETH: WHEREAS, the City desires to improve the drainage system in the Bayside Terrace Subdivision located on City property and will design the demolition and reconstruction of the drainage system as illustrated on the documents attached hereto as Exhibit A; and WHEREAS, the District, whose mission is to provide flood damage reduction projects with appropriate regard for community and natural values, desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the City has estimated the cost of the Project to be $7,336,458.75, as shown on attached Exhibit B and the City is willing to contribute $4,462,940.38 () toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,873,518.37 () toward the cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: I. Within forty-five (45) days of the execution of this Agreement by both Parties, the District shall pay the City the sum of $2,873,518.37 as the District Contribution toward the cost of the Project. The City will contribute $4,462,940.38 as the City Contribution toward the cost of the Project. II. The City will be responsible for the hiring of consultants and/or awarding of contracts for the design and construction phases of the Project. The City will award the construction contract for determination of the lowest responsible bidder for the Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work on the Project until the Parties have discussed how to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with contamination. If this Agreement is terminated by the City because of environmental contamination, the City will be responsible for all costs of the Project to the point of termination. -1- HCFCD AGREEMENT NO. 2022-72 III. The City will strive to engage with prime contractors and subcontractors that represent the diverse businesses of Harris County. The City will ensure that historically underutilized minority- and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the procurement process. IV. Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to HCFCD or its designee who is authorized to review and approve said documents on behalf of HCFCD. HCFCD shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage-related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage-related costs and the total cost of any non-drainage element overages. V. The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The City will include the District in all Project design and construction progress meetings. VI. The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District shall have available the total maximum sum of Two Million Eight Hundred Seventy-Three Thousand Five Hundred Eighteen And 37/100 Dollars ($2,873,518.37) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. VII. The City or the District may terminate this Agreement, without cause, upon thirty (30) notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement -2- HCFCD AGREEMENT NO. 2022-72 for any reason other than as stated in Paragraph II herein, the City will refund to the District any unused portion of the District Contribution. VIII. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain, at its own expense, the Project site once it is complete. IX. If the audit reveals that the bills and expenses billed to the Project do not correlate to the amount paid by the District, the City shall compensate the District for any amounts it did not expend on the Project and the City will pay the cost of the audit. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, pavement and sidewalk reconstruction, storm sewer improvement, and additional services related to the listed components. If the City spent any of the District Contribution on non-drainage components of the Project, the City will refund the portion of the District Contribution that it spent on non-drainage components. X. The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The District will require its contractors to name the District and the City as additional insureds. XI. The Parties agree to give each other at least seventy-two (72)-hours-notice prior to the release of information regarding the Project to the news media, private citizens or community organizations. XII. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director All notices and communications under this Agreement shall be submitted electronically to citysecretary@laportetx.gov, or mailed by certified mail, return receipt requested, or delivered to the City at the following addresses: City of La Porte 604 W Fairmont Parkway, La Porte, TX 77571 Attention: City Manager -3- HCFCD AGREEMENT NO. 2022-72 XIII. No Party hereto shall make, in whole or in part, any assignment of the Agreement or any obligation hereunder without the prior written consent of the other Party. XIV. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the Parties hereto. XV. If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on ____________________________. APPROVED AS TO FORM: CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT By: ___________________________ By: ___________________________ LAURA FIORENTINO CAHILL LINA HIDALGO, Senior Assistant County Attorney County Judge ATTEST: CITY OF LA PORTE, TEXAS By: ___________________________ By: ___________________________ Name: ___________________________ Name: ___________________________ Title: ___________________________ Title: ___________________________ -4- HCFCD AGREEMENT NO. 2022-72 A-1 HCFCD AGREEMENT NO. 2022-72 B-1 HCFCD AGREEMENT NO. 2022-72 THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on ___________________________, with the following members present, to-wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Tom S. Ramsey, P.E. Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to-wit: ___________________________ constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN CITY OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT Commissioner ___________________________ introduced an order and made a motion that the same be adopted. Commissioner ___________________________ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain AYES: Judge Lina Hidalgo NAYS: Comm. Rodney Ellis ABSTENTIONS: Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. R. Jack Cagle The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires to improve the drainage system in the Bayside Terrace Subdivision located on City property and will design the demolition and reconstruction of the drainage system WHEREAS, the District, whose mission is to provide flood damage reduction projects with appropriate regard for community and natural values, desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the City has estimated the cost of the Project to be $7,336,458.75, as shown on attached Exhibit B and the City is willing to contribute $4,462,940.38 the cost of the Project; and HCFCD AGREEMENT NO. 2022-72 WHEREAS, the District desires to contribute a maximum of $2,873,518.37 toward the cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and through the Harris County Flood Control District and the City of La Porte, for a fee to be paid by the District in the amount of $2,873,518.37, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng La Porte 2022-72.docx Certificate Of Completion Envelope Id: 0440FDC091174FE1BC10B6CF883D1A08Status: Completed Subject: Please DocuSign: eng La Porte A104-12-01-Y001 2022-72.docx Source Envelope: Document Pages: 8Signatures: 1Envelope Originator: Certificate Pages: 5Initials: 0Keena Tarrant AutoNav: Enabled9900 Northwest Freeway EnvelopeId Stamping: EnabledHouston, TX 77092 Time Zone: (UTC-08:00) Pacific Time (US & Canada)keena.tarrant@hcfcd.hctx.net IP Address: 74.124.47.10 Record Tracking Status: OriginalHolder: Keena TarrantLocation: DocuSign 10/1/2021 7:28:34 AM keena.tarrant@hcfcd.hctx.net Security Appliance Status: ConnectedPool: StateLocal Storage Appliance Status: ConnectedPool: Harris County Flood Control DistrictLocation: DocuSign Signer EventsSignatureTimestamp Laura Fiorentino CahillSent: 10/1/2021 7:33:21 AM laura.cahill@hcfcd.orgViewed: 10/1/2021 7:35:23 AM Security Level: Email, Account Authentication Signed: 10/1/2021 7:35:43 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 73.76.8.220 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/27/2019 3:03:30 PM ID: 95d8aac6-45f9-4460-bb8f-ca0e5b84009c In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sandra FloresSent: 10/1/2021 7:35:45 AM sandra.flores@hcfcd.hctx.net Harris County Flood Control District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign FOR AGENDA Sent: 10/1/2021 7:35:46 AM wingatel@laportetx.govViewed: 10/1/2021 7:36:43 AM Asst. 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Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. 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How to contact Carahsoft obo Harris County Flood Control District: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: lillie.lindner@hcfcd.hctx.org To advise Carahsoft obo Harris County Flood Control District of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at lillie.lindner@hcfcd.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. 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Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- By selecting the check- that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Carahsoft obo Harris County Flood Control District as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft obo Harris County Flood Control District during the course of your relationship with Carahsoft obo Harris County Flood Control District. REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:September 13, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst.Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Project map; Project update chartand Budgeted Item:YesNo Harris County Drainage Network Map SUMMARY& RECOMMENDATION Refer to attached exhibit(s) for updates on various drainage projects throughout the City. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate 8!Cbuumfhspvoe!Ftubuft!Qibtf!JJ9!Dpvqmboe!Esjwf:!Bjsqpsu!Po.tjuf!Esbjobhf!Jnqspwfnfout REQUEST FOR DRAINAGE& FLOODINGCOMMITEEAGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Budgeted Item:YesNo Exhibits: SUMMARY & RECOMMENDATION Opportunity to discuss any drainage concerns not covered by previous items. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate