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05-02-11 Drainage and Flooding Committee Meeting minutes
2 MIKE MOSTEIT, CHAIRMAN eF q JOHN ZEMANEK, MEMBER Councilmember District 1 0 Councilmember At -Large A dua MIKE CLAUSEN, VICE CHAIRMAN v I ^m CHUCK ENGELKEN, MEMBER Councilmember District 6 Councilmember District 2 DARYL LEONARD, ALT. MEMBER Councilmember District 3 MINUTES OF DRAINAGE AND FLOODING COMMITTEE MAY 2, 2011 The Drainage and Flooding Committee of the City of La Porte met on Monday, May 2, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00 p.m. to consider the following items of business: 1. Call to Order Chairman Mike Mosteit called the meeting to order at 5:09 p.m. Members of the Drainage and Flooding Committee present: Vice Chairman Mike Clausen and Committee Member Chuck Engelken. Absent: Members Zemanek and Alternate Member Leonard. Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms City Secretary's Office: Patrice Fogarty Planning Department: Senior Engineer Julian Garza 2. Consider approval of Minutes of the Drainage and Flooding Committee Meeting held on March 7, 2011 — P. Fogarty Committee member Engelken moved to approve the minutes as presented. Vice Chairman Clausen seconded. MOTION PASSED. Ayes: Chairman Mosteit, Vice Chairman Clausen and Committee member Engelken Nays: None Absent: Committee Member Zemanek and Alternate Member Leonard 3. Receive and Discuss Engineering Consultant Services for future drainage projects and provide staff with direction on the following — J. Garza o Battleground Estates o Shady River o Northwest Park Diversion Basin (Redirection of F101 -06) o Channel Improvements to B112 Senior Engineer Julian Garza provided a presentation regarding engineering consultant services for future drainage projects, as follows: Page 1 of 3 May 2, 2011, Drainage and Flooding Committee Minutes Engineering Consultant Recommendations Project Description and Recommendation Battleground Estates Channel Improvements along South Boundary of Battleground Estates and potential Mitigation Pond to mitigate flows estimated at $849,000. Recommend requesting proposal for Preliminary Engineering Report from Klotz Associates and Proposal for Design Services from LJA Engineering, Inc. Shady River Channel Improvements along A104- 00 -00, Taylor Bayou Watershed, and potential Mitigation Pond to mitigate flows estimated at $361,000. Recommend requesting proposal for Design Services from Civil Tech Engineering, Inc. PER for F101 -06 -00 Excavation of approximately 200 Acre -Feet of unutilized portions of Northwest Park to relieve headwater flow from B106- 00 -00, Big Island Slough or re- direct flow for a portion of F101 -06 -00 from East to West utilizing detention prior to release in B106 -00 -00 estimated at $4.5 million. Recommend requesting proposal for Preliminary Engineering Report from Klotz, Associates, Inc. PER for 8112 -00 -00 Approximately 3000 feet of Channel Lining and Potential Mitigation Pond along B112 -00 -00 between Spencer Highway and Fairmont Parkway. Recommend requesting proposal for Preliminary Engineering report from Civil Tech Engineering, Inc. Committee member Engelken and Vice Chairman Clausen directed Garza to move forward with staff's recommendations. Chairman Mosteit directed the same, and further stated that it is good to have a relationship with Harris County Flood Control and is glad to see that the City does. The Committee recommended staff take their recommendations to City Council. 4. Receive update on the following Drainage Projects — J. Garza o De- silting Ditches o Brookglen Detention Ponds o Sheetflow Relief Structures o Oakhurst Outfall o Sunrise on Broadway o Battleview o East Main Street o F216 Linear Detention Phase o South 16 Street The following are the updates on the listed Construction and Design Projects: Construction Projects De- silting Ditches — Contractor has completed work on B- 106 -05 and started work on B- 106 -06. Once complete with B- 106 -06 they will mobilize to B -109, Third Street and Arizona. Page 2 of 3 May 2, 2011, Drainage and Flooding Committee Minutes Design Projects Brookglen Detention Ponds — Contracts are circulating for signature. Sheetflow Relief Structures — Project bids will be received May 24, 2011. Oakhurst Outfall — TRDA Certification received, project bids will be received May 10, 2011. Sunrise and Broadway — Plans sent to POHA for review and approval. Battleview — All easements secured. East Main Street — City of Morgan's Point review of Impact Analysis approved. F216 Linear Detention Phase 1 — Proposals being evaluated. South 16 Street — Design 90 percent complete. 5. Set date for next Drainage and Flooding Committee Meeting The next Drainage and Flooding Committee Meeting is set for Wednesday, June 15, 2011, at 5:00 p.m. 6. Committee Comments — Committee members thanked staff for the great presentation. Committee Member Engelken stated he would like to keep everything moving along and pressing ahead. He doesn't want any of the crews to get complacent because the weather is great for getting this type of work accomplished. 7. Executive Session — There was no executive session. 8. Adjourn There being no further business, Committee member Engelken moved to adjourn the meeting. Vice Chairman Clausen seconded. Motion Passed. Meeting was adjourned at 5:45 p.m. Res.ectfully submitted, Patrice Fogarty, CO ecreta Passed and approved on this J 1 day of , 2011. o_ -11 Chairman Mike Mosteit Page 3 of 3 May 2, 2011, Drainage and Flooding Committee Minutes 3 REQUEST FOR DRAINAGE COMMITTEE AGENDA ITEM Appropriation Agenda Date Requested: July, 11, 2011 Source of Funds: N/A Requested By: Julian Garza Account Number: N/A Department: Planning Amount Budgeted: N/A Report: X Resolution: Ordinance: Amount Requested: N/A Budgeted Item: _YES NO Exhibit: Proposal for Engineering Services for Battleground Estates Proposed Improvements Exhibit: Exhibit of Proposed Improvements for Battleground Estates Exhibit: Proposal for Engineering Services for Northwest Park Diversion Basin Proposed Improvements (Re- direction of F101 -06) Exhibit: Exhibit of Proposed Improvements for Northwest Park Diversion Basin Proposed Improvements (Re- direction of F101 -06) Exhibit: Proposal for Engineering Services for B112 Channel Improvements Exhibit: Exhibit of Proposed B112 Channel Improvements Exhibit: Proposal for Engineering Services for Shady River Proposed Improvements Exhibit: Exhibit of Proposed Improvements for Shady River SUMMARY Present Proposals for Engineering Services as authorized by City Council on May 23, 2011, for Preliminary Engineering Design of Battleground Estates, Northwest Park Diversion Basin (Re- direction of F101 -06), B112 Channel Improvement, and Shady River. 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. The scope of work includes all elements necessary for design including Geotechnical Investigation, Environmental Study and Surveying. Preliminary Engineering Design for Northwest Park Diversion Basin (Redirection of F101- 06 -00) This report will include hydraulic and hydrologic calculations used to evaluate alternatives and document the benefits of the improvements and estimated construction cost of the alternatives to the channel used to solicit financial support from HCFCD. 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. Preliminary Engineering Design for Shady River (Taylor Bayou, HCFC Unit A- 104 -00 -00 This report will include the 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 concluded 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. Preliminary Engineering Design for B112 -00 -00 (Willow Springs Bayou HCFCD Unit B112- 00 -00) This report will include hydrologic and hydraulic analysis to evaluate alternative channel cross sections with the FEMA effective hydraulic model, determine the hydraulic profiles along HCFCD Unit B112-00- 00 for various design storms and locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. This work will be phased by task to avoid unnecessary engineering design if the hydrologic analysis concluded 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. Action Required: Authorize Staff to present Proposals for Engineering Services for Preliminary Engineering Design of Battleground Estates, Northwest Park Diversion Basin (Re- direction of F101-06), B112 Channel Improvement, and Shady River to City Council. • • 1 % ed for Dr_;,j a' e Committee A. enda _ . 7- ' 1 ( ' : ttoms, City Manager Date klotzO Fassociates 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.589.7257 F 281.589.7309 July 5, 2011 houston.office @klotz.com Mr. Julian Garza Jr., P.E. Planning Department Senior Engineer City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Scope of work and budget for Preliminary Engineering Report to address flooding in the Battleground Estates area Klotz Associates Project No. 0127 Dear Mr. Garza: Klotz Associates is pleased to submit this proposal to prepare a Preliminary Engineering Report to address the flooding in the Battleground Estates area. The City of La Porte Flooding and Drainage Committee along with city staff have determined that a Preliminary Engineering Report is needed for the Battleground Estates area to develop specific information and recommendations on structural flooding within the Battleground Estates area. Listed below is the scope of work associated with the preparation of the Preliminary Engineering Report. We have included a detail scope of work below to provide the City with information on the details and approach to preparing the Preliminary Engineering Report. Some of the listed task items do not take much time and effort and some of the listed task items will take more time and effort to complete. Understanding of the Project The Battleground Estates subdivision drainage is influenced by multiple channels and by roadside ditch drainage. Each of the channels and the roadside ditches could impact the drainage within the subdivision. The goal is to evaluate channel F101-00-00 and the roadside ditch drainage system within the Battleground Estates area and to determine if channel improvements, improvements to areas of restriction, addition of sheet flow relief systems, detention or other improvements are needed to help reduce the flooding of structures. Hydrologic and hydraulic (H &H) analysis of the channels would be needed to document the possible change and to document the benefits and impacts to the adjacent channels. The Battleground Estates subdivision includes over 220 homes, 250 lots and about 230 location where roadside ditches and culverts drain the subdivision. The existing roadside ditches and culverts vary in size and elevation. We propose to survey the location, size and flow line of each of the exiting culverts within the subdivision and some downstream so we can use that information to determine which culverts meet appropriate criteria in terms of pipe size, flow line and channel size. We will then use the results of that analysis to make klotz(l)associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 2 of 7 recommendations and to develop cost for those recommendations. We understand that the City has approximately $900K of construction funds to improve the drainage in the Battleground Estates area. Klotz Associates will develop a Preliminary Engineering Report including supporting hydrologic and hydraulic calculations to submit to the City of La Porte and eventually to Harris County and Harris County Flood Control District (HCFCD) to reflect the alternatives evaluated and proposed improvements to the channels. The goal of this effort is to evaluate and determine what improvements are needed to reduce the structural flooding within the Battleground Estates area. It is planned that this work effort will be a two phase approach with the first phase evaluating the restricted culverts at North P Street and F 101 -00 -00 and the second phase evaluating the local drainage elements within Battleground Estates and the downstream channels. Listed below are the details of the scope. Surveying is anticipated and is included in this scope of work. The results of the surveying will to allow us to extend the hydraulic model further upstream into the Battleground Estates area by picking up channel sizes, flow lines, culvert sizes, location and flow lines and some representative slab elevations. Soils evaluations are anticipated and are included with this scope of services. The soils evaluation will evaluate the soil conditions and to include the results of the soils evaluation into the recommended projects. Environmental investigation are anticipated and are included with this scope of services. The environmental evaluation will evaluate the local area and the results of the environmental investigation will be utilized in the development of the recommended projects. SCOPE OF SERVICES Task #1 - Kick off meeting 1. Kick off meeting with staff to discuss goals /objectives for the plan. Task #2 — Evaluation of restricted culverts at North P Street and F101 and issue letter report 1. Conduct field measurements to get a generalized location, size of culvert and approximate depth of each of the culverts located at the intersection of North P Street and F101-00-00 channel. 2. Have a meeting with Harris County to discuss the overall effort and to understand any improvements or plans that they may have that could impact the drainage in the Battleground Estates area specifically North P Street. klotz4�llassociates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 3 of 7 3. Prepare an approximate evaluation of this location using either the RAS software or normal depth analysis to evaluate the existing culverts and to determine the benefits and impacts of upsizing or replacing the culverts with larger culverts. Prepare the evaluation for the 10, 50 and 100 -year flow conditions. 4. Prepare a letter report (including text, tables, construction cost estimate and a few exhibits) and submit the report to staff. Incorporate applicable comments received from staff to the letter report. Submit a final report to staff. 5. Present the results to the Flooding and Drainage Committee. Stop work until receiving written direction from the City to proceed with the following tasks. The purpose of the stop working task is based on the assumption that improving the restriction in the culverts at North P Street could provide significant improvements to the Battleground Estates area and that additional analysis or improvements are deemed not needed at this time. Task #3 - Data Collection and authorize sub - consultants to begin their work: 1. Conduct field reconnaissance. 2. Review available repetitive loss data from FEMA or others for us in the plan. 3. Run LIDAR for the City to develop one foot contour lines. 4. Identify potential ponding areas from a review of the LIDAR data and from a ponding evaluation. 5. Obtain and review the latest available hydrologic and hydraulic models, reports, plans and other helpful data from HCFCD, Harris County, City staff, or from others. 6. Identify problem areas on a map of the City that include: structural flooding, areas of restriction, areas of significant ponding and other areas where drainage problems occur or may occur due to future development potential. 7. Have a meeting with Harris County Flood Control District to discuss the overall effort and to understand any improvements or plans that they may have that could impact the drainage in the Battleground Estates area. 8. Identify a criteria or goal that will be used in determining what is an acceptable goal or solution to the identified problem areas. The criteria may indicate a need to maintain or reduce flows within the area or it may indicate a need to maintain or reduce water surface elevations within an area or the criteria may identify other controlling issues. 9. Use available LIDAR data for the area to develop contributing drainage area and current information on local issues. 10. Use our aerials or aerial information from the City. 11. Work with the City of La Porte staff to understand current development trends and their future plans for the area. 12. Identify areas that may need updating or additional consideration from the hydrologic or hydraulic models. klotzel) associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 4 of 7 13. Identify new developments or other information that will need to be included or need to be added into the hydrologic and hydraulic models that have been built that were not included in the previous models. 14. Work with surveyor to collect survey data such as channel sizes, flow lines, culvert sizes and flow lines and possibly some slab elevations. 15. Engage the geotechnical firm to perform the soils investigation. 16. Engage the environmental firm to prepare the environmental investigation. 17. Identify flooding and drainage problem areas from the initial data collection. Task #4 — Review data collected 1. Perform broad based review of the collected data. 2. Determine options and scenarios to develop a base strategy for the potential solutions in the Battleground Estates area after reviewing the available data that has been collected to date. We will not have the results of the surveying, soils investigation or environmental investigation at this time. 3. Present summary of options and scenarios to City staff for confirmation on base strategy. Task #5 — Evaluate models or other data: 1. Evaluate the modeling effort using the available hydrologic and hydraulic models. 2. Determine areas that need updating using available LIDAR or other data. 3. Determine areas where additional hydrologic or hydraulic modeling is needed based on a review of the available models, comparison of any planned development changes and therefore a determination that additional modeling is needed. 4. Coordinate with City on data that is available that may help in the modeling. Task #6 - Hydrologic and Hydraulic Modeling: 1. Incorporate surveying data and or LIDAR data into the H &H models and incorporate additional improvements identified during the data collection phase into the models. 2. Include other specific information from staff or others. 3. Convert useful data from the previous plan into HEC -HMS models. Perform hydrologic analysis for establishing design flows for the watershed for the 5, 10, 50 and 100 year event storm events. HEC -HMS hydrologic models will be used to perform the sizing for watershed. The rational method or site runoff curves may be used for site specific analysis, where appropriate. The analysis is to determine the design flow rates under existing conditions and future developed conditions. 4. Update the flows for the watersheds using the available hydrologic data and other input data from tasks described above. 5. Convert useful data from the previous plan into HEC -RAS models. Perform hydraulic analysis of Battleground Estates roadside ditches and roadside ditch driveway culverts using a back -water spreadsheet program and open channel drainage using the HEC -RAS computer program or a normal depth spreadsheet. The analysis is to evaluate the klotzOlassociates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 5 of 7 conveyance capacity of the existing system and to determine the required additional capacity to reduce structural flooding for Battleground Estates. Task #7 -- Analyze Potential Alternatives: 1. For the identified problem areas along the drainage channels, study and analyze alternatives for drainage improvements, with an initial focus of channel improvements, driveway culvert replacement/improvements, downstream culvert replacements, detention, other structural improvements to portions of the watershed and any needed mitigation. 2. Determine the additional drainage right -of -way requirements for the improvements described in items above. A maintenance berm requirement around any planned channel improvements where required and on both side of channel improvements will be evaluated for determining needed right -of -way. Task #8 - Report Recommendations 1. Prepare construction cost estimates and implementation plan for the feasible alternatives. 2. Evaluate benefits and costs. 3. Provide recommendations for drainage improvements. 4. Prepare a Preliminary Engineering Report that documents the items described above and includes supporting data as applicable. This report is intended to be used in conjunction with the previously prepared Master Drainage Plan. The report will include text, tables and exhibits along with some supporting data. A goal of this report will be to minimize channel construction or improvements and to develop a program that could be implemented by the City. The cost for the recommended improvements may exceed the available funds of $900K from the City. A phased approach may be recommended to the City to allow for some improvements to be considered for construction now and to provide some thoughts for implementation of future drainage improvements. 5. Present ten printed copies and a PDF version of the draft plan to staff and council for review and comments. 6. Incorporate applicable changes to the draft report and models from council and staff comments. 7. Submit ten printed copies and PDF version of the final report to the City for distribution. 8. Attend monthly meetings, perform project management and conduct quality control. This will include a workshop with Council. This scope does not include meetings where the final recommended plan is presented to Harris County nor to Harris County Flood Control District. ESTIMATED BUDGET A cost with a not to exceed amount of $166,420 is recommended for the above services which also includes engineering, surveying costs, soils investigation costs and environmental z ` klotz(�llassociates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 6 of 7 investigation costs. We have obtained proposal from LJA Engineering to conduct the field surveying estimated at $15,500. We have obtained proposal from Terracon to conduct the soils investigation estimated at $5,490. We have obtained a proposal from Berg Oliver to prepare the environmental investigation estimated at $5,200. The proposals from each of the sub - contractors are attached to this scope of work. Two of the proposals from the sub - consultants include different options and we have included in this proposal the lowest of each of the sub proposals. If it is determined to select other options from the sub consultants then this scope of work and budget will need to be changed to reflect the selected services. It is anticipated that each of the sub - contractors will contract directly with Klotz Associates. The estimated budget includes ten printed (10) copies of the final report. If more copies are required, additional budget will be requested. The estimated budget amount includes sub consultant costs associated with the landscape consultant. Items not included in the scope of work fee are: The estimated amount does not include following costs: 1. Preliminary 30% construction plans. 2. Detailed engineering. 3. Permit application preparation, negotiation, or submittal. 4. Submittals to FEMA. 5. Separate meeting or reports to present the recommendations to Harris County or to HCFCD. SCHEDULE The estimated time for completion of the tasks in the above scopes is approximately six months after receipt of the executed copy of this Agreement and after receipt of the work from the sub consultants including surveying, geotechnical and environmental. The estimated time for completion includes review time for City of La Porte's review, one draft review and one final review. We have based our scope of services and schedule assuming that the City of La Porte can provide us and our sub - consultants the right of entry to allow us to conduct our investigations. ADDITIONAL SERVICES Services requested and authorized by the City of La Porte which are not part of the above scope will be additional services. Work on additional services items will not begin until a written authorization and notice to proceed are signed and received. An additional scope and estimated budget will be presented accordingly prior to commencement of the additional services. klotz(l)associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 7 of 7 Please review this scope of work and budget and contact us when you are prepared to finalize the agreement. We appreciate this opportunity to submit our proposal and look forward to working with you. Sincerely, Gary L. Struzick, P.E., CFM Vice President lT erracon July 5, 2011 Klotz Associates 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 Attn: Mr. Gary Struzick, P.E., CFM Phone: 281 -589 -7257 Email: Gary.Struzick @Klotz.com Re: Cost Estimate for Geotechnical Engineering Services Drainage Ditch Improvements Battleground Estates Subdivision La Porte, Texas Terracon Document No. P91110111 Dear Mr. Struzick: Terracon Consultants, Inc. (Terracon) understands that we have been selected based on qualifications to provide Geotechnical Engineering Services for the above referenced project. This document outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the cost of our services. A. PROJECT INFORMATION Plans are to improve approximately 3,800 linear feet of drainage ditch along an existing Harris County Flood Control Easement within Battleground Estates Subdivision in La Porte, Texas. As part of the improvement program, the existing drainage ditch is planned to be widened. We understand the proposed drainage channel depth will be approximately 8 feet, with sideslopes no steeper than 4 horizontal to 1 vertical (4H:1 V). We also understand that the drainage ditch will not be maintained by Harris County Flood Control District (HCFCD) or any other jurisdiction that has specific requirements for Geotechnical Engineering Services. Therefore, our Geotechnical Engineering Services will not be performed to meet the requirements of the HCFCD. In addition, roadside ditches are also planned to be reconstructed along Bois D'Arc Drive, We understand that the maximum depths of the proposed roadside ditches are planned to be 5 feet, with sideslopes no steeper than 3H:1 V. O. SCOPE OF SERVICES A brief summary of the services to be provided by Terracon is presented in the following paragraphs. Terracon Consultants, Inc. 551 Link Road, Suite F League City, Texas 77573 P [281] 557 2900 F [281] 557 2990 terracon.com Geotechnical III Environmental • Construction Materials 11 Facilities Cost Estimate for Geotechnical Engineering Services l errae n Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 at Terracon Document No. P91110111 Page 2 Field Program. As requested, the field program is planned to consist of drilling three (3) test borings to depths of 15 feet below existing grade along the proposed drainage ditch improvements, and one test boring to a depth of 10 feet below existing grade (top of paving) for the roadside ditches along Bois D'Arc Drive. The total drilling footage is planned to be 55 feet. Soil samples will generally be collected utilizing either open -tube samplers or Standard Penetration Test. Once the samples have been collected and classified in the field, they will be properly prepared and placed in appropriate sample containers for transport to our laboratory. We can locate the borings by measuring distances from existing streets and /or site features shown on the provided drawings, without the use of survey equipment. Boring depths will be measured from existing grade. The boring locations will be backfilled with soil cuttings and patched with asphaltic concrete (where needed). The drilling services for this project will be performed by a drilling subcontractor or Terracon's in- house drillers. We plan to use all- terrain vehicle (ATV)- mounted drilling equipment to access the boring locations. This scope of services assumes that the site can be accessed during normal business hours and does not include services associated with site clearing, location of on -site underground utilities, or the use of special equipment for unusually soft or wet surface conditions. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and estimated fees, if necessary. Terracon will notify DIG TESS, a free utility locating service, to help locate public utilities within the vicinity of the site. If underground utilities are known to exist within the site, Terracon should be notified so that we may review utility plans and help avoid the existing lines. Terracon cannot be responsible for damage to unmarked and /or unlocated utilities for which we are unaware or that are improperly located. Laboratory Testing. The sample classifications will be reviewed and a laboratory testing program will be assigned which will be specific to the project requirements and the subsurface conditions observed. The testing program could include, but may not be limited to, moisture contents, unit dry weights, Atterberg limits, compressive strength tests and grain -size analyses. Geotechnical Engineering Report. The project will be supervised by a professional Geotechnical Engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared which details the results of the testing performed and provide Boring Logs and a Boring Location Plan. The report will also provide Geotechnical Engineering recommendations which will address the following: ▪ Groundwater Control; • Excavation and sideslope considerations; and • Erosion protection considerations. Reliable at Responsive ® Convenient a Innovative Cost Estimate for Geotechnical Engineering Services lierracon Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 ® Terracon Document No. P91110111 Page 3 Schedule. We can initiate our field operations within three to five working days following authorization to proceed, if site access and weather conditions will permit. We anticipate completion of our services and submittal of our final report within about two weeks after completion of our field services. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements directly after we have completed our field and laboratory programs. C. COMPENSATION For the scope of work consisting of drilling footage of 55 feet, laboratory testing, and a report as outlined in this document, we estimate the following total costs. The estimated costs are presented in detail on the attached details of cost estimate. Task Cost Estimate Field Services $2,603.00 Laboratory Testing $1,005.00 Engineering Analysis & Reporting $1,882.00 Total Estimated Cost $5,490.00 The cost of our services for requested effort will not exceed this estimate unless the scope of services is modified with the approval of the client. Additional consultation (such as attendance on project meetings, conference calls, engineering analyses, review of project documents, etc.) requested will be performed on a time - and - material basis. The fee to provide additional consultation services will be invoiced in accordance with the attached unit rates in concurrence with your approval. Any project and /or scope changes requiring additional or revised analyses will also incur additional charges. We will provide you an estimate of additional charges for authorization prior to executing the scope changes. D. AUTHORIZATION Environmental Considerations. In an effort to reduce the potential for cross - contamination of subsurface media and exposure of site workers to contaminants that might be present at the site, Terracon requests that prior to mobilization to the site, the Client inform Terracon of known or suspected environmental conditions at or adjacent to the site. If adverse environmental conditions are present, additional expenses may be necessary to properly protect site workers and abandon borings that penetrate affected groundwater - bearing units. Reliable ® Responsive n Convenient RI Innovative Cost Estimate for Geotechnical Engineering Services i rrr c ®n Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 in Terracon Document No. P91110111 Page 4 if Terracon is not informed of potentially adverse environmental conditions prior to performing the Geotechnical services, Terracon will not be responsible for cross - contamination of groundwater aquifers, soil contamination, or any modification to the environmental conditions to the site that may occur during our Geotechnical services. The Geotechnical Scope of Services described above is based on our assumption that the site does not pose environmental risks to the personnel conducting the Geotechnical exploration services. Agreement for Services. The work will be performed under a mutually agreed upon client's Agreement for Professional Services which will be signed once the budget estimate is accepted, and upon completion of review by our legal department. We will provide you with our comments, once our review is completed. We appreciate the opportunity to provide this document and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. (Terracon Registration No. F - 3272) Ather Mohiuddin, P.E. Geotechnical Services Manager / League City Todd E. Swoboda, P.E. Geotechnical Services Manager / Houston Reliable is Responsive ® Convenient es Innovative Cost Estimate for Geotechnical Engineering Services 1 Frrac ®n Drainage Ditch Improvements — Battleground Estates si La Porte, Texas July 5, 2011 El Terracon Document No. P91110111 Page 5 Details of Cost Estimate Item Description Quantity Unit Rate Amount Field Services 1 ATV Drilling Rig Mobilization 1 each $417.00 $417.00 2 Soil Boring, 0 - 15 ft 55 feet $16.00 $880.00 3 ATV Drilling Surcharge 55 feet $6.00 $330.00 4 Standby / Travel 2 hrs $146.00 $292.00 5 Field Technician, Staking & Logging 6 hrs $50.00 $300.00 6 Project Engineer, P.E. 4 hrs $96.00 $384.00 Sub -total for Field Exploration $2,603.00 Laboratory Testing 1 Liquid and Plastic Limits 8 each $53.00 $424.00 2 Unconfined Compression 8 each $39.00 $312.00 3 Moisture Content 8 each $8.00 $64.00 4 Percent finer than the No. 200 Sieve 5 each $41.00 $205.00 Sub -total for Laboratory Testing $1,005.00 Engineering Analysis & Reporting 1 Principal Engineer, P.E. 2 hrs $167.00 $334.00 2 Project Engineer, P.E. 15 hrs $96.00 $1,440.00 3 Support Personnel 3 hrs $36.00 $108.00 Sub -total for Engineering Reports $1,882.00 Total Not to Exceed Cost $5,490.00 Reliable is Responsive of Convenient ® Innovative lf erracon July 5, 2011 Klotz Associates 1160 Diary Ashford, Suite 500 • Houston, Texas 77079 Attn: Mr. Gary Struzick, P.E., CFM Phone: 281 -589 -7257 Email: Gary.Struzick @Klotz.com Re: Cost Estimate for Geotechnical Engineering Services Drainage Ditch Improvements Battleground Estates Subdivision La Porte, Texas Terracon Document No. P91110112 Dear Mr. Struzick: Terracon Consultants, Inc. (Terracon) understands that we have been selected based on qualifications to provide Geotechnical Engineering Services for the above referenced project. This document outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the cost of our services. A. PROJECT INFORMATION Plans are to improve approximately 3,800 linear feet of drainage ditch along an existing Harris County Flood Control Easement within Battleground Estates Subdivision in La Porte, Texas. As part of the improvement program, the existing drainage ditch is planned to be widened. We understand the proposed drainage channel depth will be approximately 8 feet, with sideslopes no steeper than 4 horizontal to 1 vertical (4H:1 V). We understand that the drainage ditch will be maintained by Harris County Flood Control District (HCFCD). Therefore, our Geotechnical Engineering Services will be performed based on HCFCD criteria. In addition, roadside ditches are also planned to be reconstructed along Bois D'Arc Drive. We understand that the maximum depths of the proposed roadside ditches are planned to be 5 feet, with sideslopes no steeper than 3H:1V, We understand the drainage ditch has pipeline crossings, and as requested we plan to utilize a Photo Ionization Detector (PID) to scan the soil samples collected during our field program to determine the general level of volatile organic compound (VOC) vapors present within the subgrade to provide preliminary identification of potential VOC contamination. Where elevated levels of VOC's or some other form of contamination is detected, the client will be notified. Terracon Consultants, Inc. 551 Link Road, Suite F League City, Texas 77573 P [281] 557 2900 F [281] 557 2990 terracon.com Geotechnical ■ Environmental ■ Construction Materials ■ Facilities Cost Estimate for Geotechnical Engineering Services 1 rerrac ®n Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 ® Terracon Document No. P91110112 Page 2 B. SCOPE OF SERVICES A brief summary of the services to be provided by Terracon is presented in the following paragraphs. Field Program. The field program is planned to consist of drilling six (6) test borings to depths of 20 feet below existing grade along the proposed drainage ditch improvements, and two test borings to depths of 10 feet below existing grade (top of paving) for the roadside ditches along Bois D'Arc Drive. The total drilling footage is planned to be 140 feet. Soil samples will generally be collected utilizing either open -tube samplers or Standard Penetration Test. Once the samples have been collected and classified in the field, they will be properly prepared and placed in appropriate sample containers for transport to our laboratory. We can locate the borings by measuring distances from existing streets and /or site features shown on the provided drawings, without the use of survey equipment. Boring depths will be measured from existing grade. The boring locations will be backfilled with soil cuttings and patched with asphaltic concrete (where needed). The drilling services for this project will be performed by a drilling subcontractor or Terracon's in- house drillers. We plan to use all- terrain vehicle (ATV)- mounted drilling equipment to access the boring locations. This scope of services assumes that the site can be accessed during normal business hours and does not include services associated with site clearing, location of on -site underground utilities, or the use of special equipment for unusually soft or wet surface conditions. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and estimated fees, if necessary. Terracon will notify DIG TESS, a free utility locating service, to help locate public utilities within the vicinity of the site. If underground utilities are known to exist within the site, Terracon should be notified so that we may review utility plans and help avoid the existing lines. Terracon cannot be responsible for damage to unmarked and /or unlocated utilities for which we are unaware or that are improperly located. Laboratory Testing. The sample classifications will be reviewed and a laboratory testing program will be assigned which will be specific to the project requirements and the subsurface conditions observed. The testing program could include, but may not be limited to, moisture contents, unit dry weights, Atterberg limits, compressive strength tests and grain -size analyses. In addition, we plan to include crumb tests, pinhole dispersion tests, and consolidated undrained triaxial tests in accordance with HCFCD requirements. Reliable 0 Responsive ® Convenient ® Innovative Cost Estimate for Geotechnical Engineering Services 1 'rracn Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 ® Terracon Document No. P91110112 Page 3 Geotechnical Engineering Report. The project will be supervised by a professional Geotechnical Engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared which details the results of the testing performed and provides Boring Logs and a Boring Location Plan. The report will also provide Geotechnical Engineering recommendations which will address the following: • Groundwater Control; • Excavation and sideslope considerations; and Erosion protection considerations. Slope stability analysis will be performed using short -term, long -term, and rapid drawdown conditions in accordance with HCFCD requirements. We request that the client provide all applicable cross - sections and any other data relevant to the slope stability analysis. Schedule. We can initiate our field operations within three to five working days following authorization to proceed, if site access and weather conditions will permit. We anticipate completion of our services and submittal of our final report within about five weeks after completion of our field services. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements directly after we have completed our field and laboratory programs. C. COMPENSATION For the scope of work consisting of drilling footage of 140 feet, laboratory testing, and a report as outlined in this document, we estimate the following total costs. The estimated costs are presented in detail on the attached details of cost estimate. Task Cost Estimate Field Services $5,453.00 Laboratory Testing $5,281.00 Engineering Analysis & Reporting $4,950.00 Total Estimated Cost $15,684.00 The cost of our services for requested effort will not exceed this estimate unless the scope of services is modified with the approval of the client. Additional consultation (such as attendance on project meetings, conference calls, engineering analyses, review of project documents, etc.) requested will be performed on a time - and - material basis. The fee to provide additional consultation services will be invoiced in accordance with the Reliable i Responsive n Convenient 12 Innovative Cost Estimate for Geotechnical Engineering Services 1 rrrrac® Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 ® Terracon Document No. P91110112 Page 4 attached unit rates in concurrence with your approval. Any project and /or scope changes requiring additional or revised analyses will also incur additional charges. We will provide you an estimate of additional charges for authorization prior to executing the scope changes. D. AUTHORIZATION Environmental Considerations. In an effort to reduce the potential for cross - contamination of subsurface media and exposure of site workers to contaminants that might be present at the site, Terracon requests that prior to mobilization to the site, the Client inform Terracon of known or suspected environmental conditions at or adjacent to the site. If adverse environmental conditions are present, additional expenses may be necessary to properly protect site workers and abandon borings that penetrate affected groundwater- bearing units. If Terracon is not informed of potentially adverse environmental conditions prior to performing the Geotechnical services, Terracon will not be responsible for cross - contamination of groundwater aquifers, soil contamination, or any modification to the environmental conditions to the site that may occur during our Geotechnical services. The Geotechnical Scope of Services described above is based on our assumption that the site does not pose environmental risks to the personnel conducting the Geotechnical exploration services. Agreement for Services. The work will be performed under a mutually agreed upon clients Agreement for Professional Services which will be signed once the budget estimate is accepted, and upon completion of review by our legal department. We will provide you with our comments, once our review is completed. We appreciate the opportunity to provide this document and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. (Terracon Registration No. F - 3272) Ather Mohiuddin, P.E. Geotechnical Services Manager / League City Todd E. Swoboda, P.E. Geotechnical Services Manager / Houston Reliable im Responsive ® Convenient El Innovative Cost Estimate for Geotechnical Engineering Services lierracon Drainage Ditch Improvements — Battleground Estates ® La Porte, Texas July 5, 2011 ® Terracon Document No. P91110112 Page 5 Details of Cost Estimate Item Description Quantity Unit Rate Amount Field Services 1 ATV Drilling Rig Mobilization 1 each $417.00 $417.00 2 Soil Boring, 0 - 20 ft (continuous) 140 feet $18.00 $2,520.00 3 ATV Drilling Surcharge 140 feet $6.00 $840.00 4 Standby / Travel 2 hrs $146.00 $292.00 5 Field Technician, Staking & Logging 10 hrs $50.00 $500.00 6 Environmental Technician, Measuring PID's 10 hrs $50.00 $500.00 7 Project Engineer, P.E. 4 hrs $96.00 $384.00 Sub -total for Field Exploration $5,453.00 Laboratory Testing 1 Liquid and Plastic Limits 20 each $53.00 $1,060.00 2 Unconfined Compression 12 each $39.00 $468.00 3 Moisture Content 10 each $8.00 $80.00 4 Percent finer than the No. 200 Sieve 20 each $41.00 $820.00 5 Crumb Test 6 each $33.00 $198.00 6 Pinehole Dispersion Test 3 each $235.00 $705.00 7 Consolidated Undrained Triaxial Test 3 each $650.00 $1,950.00 Sub -total for Laboratory Testing $5,281.00 Engineering Analysis & Reporting 1 Principal Engineer, P.E. 6 hrs $167.00 $1,002.00 2 Project Engineer, P.E. 40 hrs $96.00 $3,840.00 3 Support Personnel 3 hrs $36.00 $108.00 Sub -total for Engineering Reports $4,950.00 Total Not to Exceed Cost $15,684.00 Reliable ® Responsive ® Convenient w Innovative BERG • • OLWER ASSOCIATES, INC. ` r 7 i F9 = Environmental Science, Engineering & Land Use Consultants 14701 St. Mary's Lane, Suite 400, Houston, Texas 77079 =my ® Pv (281) 589 -0898 fax: (281) 589 -0007 p� p ,,,, Houston 0 Dallas/ Fort Worth 0 WDBE /HUB 0 www.berooliver.com MEMORANDUM TO: Gary Struzick PHONE NUMBER: (281) 589 -7257 FAX NUMBER: (281) 589 -7309 VIA EMAIL: Gary.Struzick @klotz.com FROM: Amy Brook NO. OF PAGES: 18 (incl. cover) DATE: July 5, 2011 SUBJECT: Environmental Services Proposal Dear Mr. Struzick, Attached is our proposal /agreement for environmental services for the site discussed with our firm. Please review the proposal /agreement and, if acceptable, execute the agreement and return to us by fax at (281) 589 -0007. We look forward to working with you and Klotz Associates on this project. Thank you for considering Berg ♦ Oliver Associates, Inc. to assist you with your environmental planning. Sincerely, CL Amy Brook Senior Associate Berg *Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 ' ''�� G ` BERG • OLIVER ASSOCIATES, INC. Environmental Science, Engineering & Land Use Consultants 14701 St. Mary's Lane, Suite 400, Houston, Texas 77079 y ® aP (281) 589 -0898 fax: (281) 589 -0007 - �� AOiyN1 � Houston 0 Dallas/ Fort Worth 0 WDBE /HUB 0 www.bergoliver.com July 5, 2011 Mr. Gary Struzick, PE, CFM Klotz Associates 1160 Dairy Ashford, Suite 500 Houston, TX 77079 Via email: Gary.Struzick @klotz.com Re: Proposal for Environmental Services for approximately 4,000 lineal feet of Channel Improvements, located southwest of the Sens Road and State Highway 225 intersection, in Harris County, Texas BOA Project Number 8310espr Dear Mr. Struzick: The following proposal is provided to Klotz Associates on behalf of the City of La Porte for environmental services for approximately 4,000 lineal feet of channel improvements, located southwest of the Sens Road and State Highway (SH) 225 intersection, 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 I) Wetland Due Diligence Study, Task II) Archeological Records Review, Task III) Threatened and Endangered Species Survey, and Task IV) Limited In -Office Review. If the City of La Porte prefers, Berg • Oliver can perform a full Phase I Environmental Site Assessment instead of a Limited In -Office Review. Attachment A describes all of these services. PROJECT SCHEDULE The scope of work involved in this environmental service proposal 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 project completion schedule is the goal of all parties; it does not, however, reflect unusual delays due to forces beyond the control of Berg•Oliver and /or modifications to the scope of work based upon actual findings or additional requests by Klotz Associates, its agents, or governmental agency. 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. Berg•Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 BASIC COMPENSATION AND METHOD OF PAYMENT The work described below includes standard tasks that are usually required to complete the scope of the project. If a specific task is not necessary, as determined by Berg ♦ Oliver in consultation with the client and /or regulatory agency, it may not be performed in order to reduce charges to the client. Berg ♦ Oliver proposes to provide the environmental services described in Attachment A to Klotz Associates for the following lump sum amounts: TASK I: WETLAND DUE DILIGENCE STUDY $2,150.00 TASK II: ARCHEOLOGICAL RECORDS REVIEW $1,350.00* TASK III: THREATENED & ENDANGERED SPECIES SURVEY $450.00 ** TASK IV: LIMITED IN- OFFICE SITE REVIEW $1,250.00 If the City of La Porte prefers, Berg ♦ Oliver can perform a full Phase I Environmental Site Assessment instead of a Limited In- Office Site Review for the following lump sum amount: TASK IV: PHASE I ENVIRONMENTAL SITE ASSESSMENT $2,350.00 * ** GRAND TOTAL WITH LIMITED IN- OFFICE SITE REVIEW $5,200.00 GRAND TOTAL WITH PHASE I SITE ASSESSMENT $6,300.00 * The USACE and/or THC may require an Archeological Pedestrian Survey (detailed survey), as a result of the findings of the Records Review. If required, Berg #Oliver will seek competitive bids and prepare an additional proposal to complete the Pedestrian Survey. ** If site reconnaissance is deemed necessary to confirm the absence or presence of threatened and endangered species, an additional $1,100.00 will be charged. * ** 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 22 hours of Project Management /Mapping 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 22 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% ($235.00) 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% Berg •Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 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 fifteen (15) days of the client's receipt of payment from its client. If invoice is not paid in full in fifteen (15) 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 Klotz Associates 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 8310espr July 5, 2011 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, Klotz Associates and Berg *Oliver Associates, Inc. have accepted and executed this proposal for environmental services on this the day of , 2011. PLEASE CHECK THE SERVICES TO BE PERFORMED: Wetland Due Diligence Study @ $2,150.00 Archeological Records Review @ $1,350.00 Threatened & Endangered Species Assessment @ $450.00 Limited In- Office Review @ $1,250.00 Phase I Environmental Site Assessment @ $2,350.00 KLOTZ ASSOCIATES By: Authorized Signature BERG ♦ OLIVER ASSOCIATES, INC. By: Amy Brook Senior Associate Berg ♦ Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 ATTACHMENT A TASK I WETLAND DUE DILIGENCE STUDY The goal of the Wetland Due Diligence Study is to provide a cost - effective evaluation of the project site for wetlands that may influence the design and/or construction of a project. The Wetland Due Diligence Study is NOT a wetland delineation conducted according the Corps of Engineers Wetland Delineation Manual — Technical Report Y -87 -1, but it is based on the criteria used by the U.S. Army Corps of Engineers (USACE) to determine Jurisdictionality under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act. The Due Diligence Study should not be used as a baseline for actual engineering or design, but it can prove to be valuable for evaluating the feasibility of a project. If potential wetland areas are discovered during site reconnaissance, their approximate areas and locations will be estimated and located on a site drawing. Based upon our findings, delineation of wetland areas may be recommended to determine the actual acreage of jurisdictional wetlands. If no wetland areas are found that would be considered jurisdictional, Berg ♦ Oliver Associates, Inc. will provide a letter indicating such findings. In order for work to begin, the client must provide a plat, map, or survey of the property sufficient for Berg ♦ Oliver Associates, Inc. to determine, while in the field, the boundary edges of the study site. SCOPE OF WORK The tasks we are proposing to provide in the Wetland Due Diligence Study are as follows: 1. Perform in- office evaluation of the property from infrared aerial photography and other available information to identify potential wetlands. 2. Conduct a field reconnaissance, which will include walking the entire perimeter of the project area to confirm the findings of the in -office evaluation. 3. Document field notes and general observations of the site, and estimate approximate sizes and locations of any wetland areas and/or hydrological connections to a Water of the U.S. and/or 100 -year FEMA floodplain. 4. Classify any identified wetlands as "isolated," "potentially isolated," "adjacent," or "potentially adjacent." 5. Prepare a letter report of findings, including a map rendering of the site, with the above information. 6. Make recommendations as appropriate. 7. Upon client request, submit findings to the U.S. Army Corps of Engineers (USACE) in order to obtain an official Jurisdictional Determination. The USACE determination may indicate the necessity of obtaining a permit. If a permit is required for site activities, a wetland delineation and a subsequent USACE verification will likely be required. (Response from the USACE may take up to 120 days.) Berg ♦ Oliver Associates, Inc. 130A Project Number 8310espr July 5, 2011 • TASK II ARCHEOLOGICAL RECORDS REVIEW SCOPE OF WORK The objective of the Historical, Cultural, and Archeological Records Review is to: 1) review related historical information, including the Texas Historical Commission's (THC) records; and 2) based on the review of THC's records and property characteristics, determine if the subject tract possesses sufficient criteria to necessitate a detailed study that would evaluate the potential for sites of significant historical, cultural, or archeological public value on the subject property. The records review will be conducted by subcontract and reviewed by Berg ♦ Oliver personnel. Findings and recommendations will be provided to the client by Berg* Oliver. TASK III THREATENED AND ENDANGERED SPECIES ASSESSMENT SCOPE OF WORK The objective of the Threatened and Endangered Species Assessment is to evaluate the potential for the existence of critical or irreplaceable habitats, which are considered protected under the Endangered Species Act of 1973 and subsequent amendments and listings. The following selected tasks will be considered for the 4,000 lineal feet of channel improvements. 1: Review of Agency Listing for Estimated Habitat Boundaries. The listings currently maintained by U.S. Fish and Wildlife will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area. 2: Consultation with Appropriate Agencies. Task 1 results may reveal the need for additional current information. If indicated, several private sources and agencies will be interviewed for information regarding specific species having potential for habitation of the subject site. 3: Site Reconnaissance and Biological Impact Assessment. The biological aspects of the potential habitat will be physically reviewed and documented to determine if the habitat is desirable or reproductively useful to the specific species. The site will be reviewed for biological indicators of presence. If marginal or suspicious habitats are encountered, a specialist on the specific study species will be consulted and included in the site impact assessment. 4: Preparation of Letter of Findings and Recommendations. Following the completion of all research and site reconnaissance, a letter of findings and recommendations will be completed and forwarded to the client. TASK IV LIMITED IN- OFFICE SITE REVIEW SCOPE OF WORK The objective of the Limited In- Office Review 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. Berg ♦ Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 Berg ♦ Oliver Associates, Inc. will 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. INVESTIGATIVE WORK A Limited In- Office Review includes two basic tasks that 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 1. 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 1 Mile Radius 11. 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. Berg•Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 Task 2: Historical Aerial Photographs Historical Use Information Aerials 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, previous commercial and /or industrial activities, and possible wetlands. OR PHASE I ENVIRONMENTAL SITE ASSESSMENT The Phase I Environmental Site Assessment (Phase I) 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 4,000 lineal feet of channel improvements, located southwest of the Sens Road and SH 225 intersection, 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. 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: 1. 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 8310espr July 5, 2011 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 1. 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 1 Mile Radius 11. 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 Berg* Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 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. 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. Berg•Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 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 Setting 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, 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. Berg•Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 ATTACHMENT B , °`' � R BERG • OLIVER ASSOCIATES, INC. Environmental Science, Engineering & Land Use Consultants 14701 St. Mary's Lane, Suite 400, Houston, Texas 77079 tt IV! (281) 589 -0898 fax: (281) 589 -0007 = 47 aONME ''` Houston 0 Dallas /Fort Worth 0 WDBE /HUB 0 www.bergoliver.com 2011 PERSONNEL RATE SCHEDULE Personnel Hourly Billing 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. NOTE: The rate schedule is for the current fiscal year, with an effective date of January 1. Hourly rates are adjusted annually as inflation dictates. If this contract spans more than one fiscal year (ending December 31), hourly rates may be adjusted. Regardless of any rate adjustment, the "not to exceed" figures in a contract will not change. Berg* Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 ATTACHMENT C GENERAL CONDITIONS FOR SERVICES These General Conditions are a part of each agreement between Bergs°liver Associates, Inc. and its client for the performance of services. Berg,Oliver Associates, Inc. is identified as "BOA ". The party for whom the services are performed is identified as "Client ", and the written agreement between the parties, including these General Conditions, is called "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 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. Berg• Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 1.7 Other Contractors. Except to the extent expressly agreed in writing, 130A 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) Fumish 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) Fumish 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. 2.3 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. 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 Berg♦ Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 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. Payment of all invoices is expected within fifteen (15) days of the client's receipt of payment from its client. If invoice is not paid in full in fifteen (15) days, interest will accrue at 1.5% per month (18% per annum). 4.3 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. 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 Berg•Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 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, 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 terms 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 Berg• Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 • 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. 6.3 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. 7.3 Assignment, etc. Neither the Client nor 130A 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, or joint 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 part 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 terms 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. 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 8310espr July 5, 2011 LJA Engineering, Inc. 11821 East Freeway Phone 713,450.1300 114 Suite400 Fax 713.450.1385 Houston, Texas 77029 www.ijaengineering.com July 5, 2011 Mr. Gary Struzick, PE, CFM Vice President Klotz Associates 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 Re: Engineering Services for Topographic Surveying for HCFCD Ditch F101 and Bois D Arc Drive Proposal 11 -0513 Dear Mr. Struzick: LJA Engineering, Inc. (LJA) is pleased to present this assignment letter for furnishing engineering services for a topographic survey along HCFCD F101 and Bois D Arc Drive. This scope of work will include the following: • Establish horizontal and vertical control. Vertical control will be based on TSARP monuments. • Cross- sections at 15 locations of the existing F101 drainage channel from top of bank to top of bank, at the intersection of F101 and North P Street provide detail survey of existing culvert structure (approximately 6 culverts), provide topographic information on existing culverts along F101 (3 locations), and provide topographic information of exposed pipelines (1 location). • Cross - sections at 5 locations along Bois D Arc Drive to include roadway and both existing roadside ditches up to their outer top of banks, provide topographic information on driveway culverts along Bois D Arc Drive (approximately 50 locations), and provide slab elevations of 20 existing structures along Bois D Arc Drive (10 locations will be . provided by Klotz and 10 will be selected by the surveys). • Maintain photograph log of each structure and locations of the cross - sections surveyed. The fee for this effort will be a lump sum fee in the amount of $15,500 in accordance with the attached Professional Services Agreement. 1, to, • Mr. Gary Struzicic, PE, CFM Klotz Associates July 5, 2011 Page 2 If this assignment letter meets with your approval, please execute both copies, returning one copy to our office and keeping the other for your records. Your signature below and on the attached Professional Services Agreement will be sufficient authorization to commence the stated work. LJA appreciates the opportunity to prepare this assignment letter for Klotz Associates. Should you have any questions, please contact me at 713.657.6030. Sincerely, Wallace E. Trochesset, P.E. Vice President Attachment ACCEPTED: By: TITLE: DATE: H: 1Engineering \Clients\Proposals\Klotz Associates \Topographic Survey for F101 RAS Model 2011 07 05.doc LJA Engineering, Inc. 114 • 11821 East Freeway Phone 713.450.1300 �! Suite 400 Fax 713.450.1385 Houston, Texas 77029 www,ljaengineering.com PROFESSIONAL SERVICES AGREEMENT This Agreement Is by and between Klotz Associates (CLIENT) and LJA Engineering, Inc. (LJA) who agree as follows: Client engages WA to perform the services described In Part 1( "Services ") and LJA agrees to perform the Services for the compensation set forth In Pert III. LJA shall be authorized to commence the Services upon execution of this Agreement. Client and LJA agree that this Agreement and attachments referred to herein, constitute the entire Agreement between them relating to the Project ( "Agreement "). Project: Engineering Services for Topographic Surveying tor HCFCD Ditch F101 and Bois D Arc Drive Location: Harris County Job No. / Proposal No.: 11 -0513 1. UA ENGINEERING, INC. 'S RESPONSIBILITIES: WA shall perform or furnish the services described under this Agreement. See Attached Proposal No. 11 -0513 Dated July 5, 2011 II. CLIENTS RESPONSIBILITIES; Client, at its expense, shall do the following In a timely manner so as not to delay the Services. 1. INFORMATION/REPORTS: Furnish LJA with all reports, studies, site characterizations, regulatory orders, and similar information in its possession relating to the Project. Unless otherwise specified in Part I, LJA may rely upon Cllentiumtshed information witnoul Independent verification In performing the Services. 2. REPRESENTATIVE: Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies, and make decisions with respect to the Services. 3. DECISIONS: Provide all criteria and full information as to Client requirements tor She Project, obtain (with LIA's assistance, If applicable) necessary approvals and permits, attend Project- related meetings, provide interim reviews on an agreed -upon schedule, make decisions on Project alternatives, and generally participate in the Protect to the extent necessary to allow UA to perform the Services. 111. COMPENSATION, BILLING, AND PAYMENT: Client shall pay WA for Services In accordance with the following Billing Schedule. 1. SERVICES: Hourly Rates with An Estimated Fee 5 Percentage of Construction Cost S X Lump Sum $ 15,500.00 • Other (Specify) (Engineers Hourly Rate Schedule is Attached as Attachment "A") • 2. REIMBURSABLE EXPENSES: Reproduction, Lelephone, 0ut-oF-ton iraval expenses. and Other non-labor charges directly related to the Project will be billed at cost in addition to the fees agreed upon for services rendered, Vehicle other than survey/ Project representative will be charged at a rate of 40.55.5 per mile. Survey/ Project representative vehicle mlteagewillbe charged ata rate of 50.73 per mile. GADD charges will be525.00whom Filing fees, permit fees, and other special charges which are advanced on behalf of the Client will be billed on a similar basis plus a 10% service charge. 3, PAYMENTS: Billings for services rendered will be made monthly and payment is requested within fifteen (15) days of receipt of invoice. Unless special arrangements are made, a finance charge of 1.595 per month will be added to unpaid balances more than thirty (30) days old as well as any costs of collections. WA reserves the right to suspend work should invoices not be paid within the staled terms. The amount of any excise, VAT, or gross receipts tax that may be Imposed for professional services shall be added to the compensation as determined above, IV. STANDARD TERMS AND CONDITIONS: 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable professional the time and within the locality where the Services are performed. Professional services are not subject to, and UA cannot provide, any warranty or guarantee, express or implied, Including warranties or guarantees contained In any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions, or notices to proceed Issued by Client ere specifically objected to. 2. CHANGS OF SCOPE. The scope of Servicee set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, Information suppled by Client. For some Projects involving conceptual or process development services, scope may not De fully definable during Initial phases, As the Project progresses, facts discovered may Indicate that scope must be redefined. 3. SAFETY, LJA has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically Included as a service to be provided under this Agreement, LJA specifically disclaims any authority or responsibility for general job site safety and safety of persona other than LJA employees. 4. DELAYS. If events beyond the control of Client or LJA, Including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy. and act or regulation of any government agency, result In delay to any schedule established In this Agreement, suoh schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 60 days, WA shall be entitled to an equitable adjustment In compensation. 6, TERMINATION /SUSPENSION. Either party may terminate This Agreement upon 30 days written notice to the other party. Client shall pay LJA for all Services, Including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non - defaulting party may, after 7 days written notice stating Its Intention to suspend performance under the Agreement If cure or such default Is not commenced and diligently continued, and failure of the defaulting party to commence cure within such time limit end diligently continue, suspend performance under this Agreement. 8. OPINIONS OF CONSTRUCTION COST. Arty opinion of construction costs prepared by LJA is supplied for the general guidance of the Client only. Since LJA has no control over competitive bidding or market conditions, LJA cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS, WA shall serve as Client's professional representative for the Services, and may make recommendations to Client c•nceming actions relating to Client's contractors, but LJA specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures of construction selected by Client's contractors. 8, , CONSTRUCTION REVIEW. For Projects lnvblving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents In the field are normally required, and that performance of construction - related services by the design professional for the Project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold LJA harmless from any ciaims resulting from performance of construction- related services by persons other than LJA. • • 9. INSURANCE, LJA will maintain Insurance coverage for Professional, Comprehensive, General, Automobile, Worker's Compensation, and Employees Uabllity In. amounts In accordance with legal, end LJA's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For Protects Involving construction, Client agrees to require its construction contractor, If any, to include UA es an additional insured on its policies relating to the Project. WA's coverages referenced above shall, In such case, be excess over contractor's Printery coverage. 10. PROJECTS WITH MULTIPLE CLIENTS, When L JA undertakes eProteci for multiple Clients: 11 Is understood and agreed that each Cltentan this Pto )ectlsjolntiy and savetallyliable for payments to LJA for UA 's work under this Agreement and °nlh °Project, If any Client on the Project falls to make timely payment to LJA, end the remaining Clients wish to continue the Project, the remaining Clients will promptly confirm to LIA In writing their wish for LJA to continue the Project and that they are obligating themselves to LJA for the additional (defaulted) portion of the Project. LJA, al Its option, may suspend the retraining performance under this Agreement until all past due payments are made, and authorization to proceed and pay from all nor -defaulting Clients Is received. or continue work on the Project and Invoice and collect from the remaining Clients any payment (Including damages) of amounts past due and that become due. 11. HAZARDOUS MATERIALS. Hazardous materials may exist at a site where there Is no reason to believe they could or should be present. LJA and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. LJA agrees to nollly Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that it retains title to ell hazardous material existing on the slte and shag report to the appropriate federal, state or local public agencies, as required, any conditions at the site that may present a potential danger to the publto health, safety or the environment, Client shall execute any manifests or forms in connection with transportation, storage and disposal of hazardous materials resulting from the alte or work on the site or shall authorize LJA to execute such documents as Clients agent Client waives any claim against LJA and agrees to defend, indemnify, and hold LJA harmless from arty claim or liability for Injury or loss arising from LJA discovery of unanticipated hazardous materiels or suspected hazardous materials. 12. INDEMNITY. To the fullest extent permitted by law, LJA shall indemnify and hold harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damageto tangible property to the extent caused directly by the failure to adhere to the standard of care described in Part IV Paragraph 1 above of LJA, its agents or employees.. To the fullest extent permitted by law, Client shall defend, indemnify, and hold harmless LJA from and against loss, (lability, and damages sustained by UA, its agents, employees, and representatives by reason of claims for Injury or death to persons, damages to tangible property, to the extent caused directly by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing (1) produced, emitted or released from the Project or tested by LJA under this Agreement, or (b) operation or management of the Project. Client also agrees to require its construction contractor, if any, to include LJA as an indemnitee under any indemnification obligation to Client. 13. LIMITATIONS OF LIABILITY. No employee or agent of LJA shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, LJA's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever • arising out of or In any way related to the Protect or this Agreement from any causes including, but not limited to LJA's negligence, errors, omissions, strict lability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by LJA for specific Project assignments. If Client desires a limit of llabllity greater than that provided above, Client and LJA shall include in Part 111 of this Agreement the amount of such limit and the additional compensation to be paid to LJA for assumption of such additional risk. • IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LJA BE LIABLE 10 CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 14. ACCESS. Client shall provide LJA safe access to any premises necessary for LJA to provide the Services. 15. REUSE OP PROJECT DELIVERABLES. Reuse of any documents or other deliverables, includingetectronicmeda, pertainingtolheProjectbyClientforanypurposeotherthanthel for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written va cation or adaptation byLJAfor the specific purpose Intended, shall beat the Client's risk. Further, all title blocks end the engineer's seal, if applicable, shall be removed tf and when Client provides deliverables in electronic media to another entity. Ctent agrees that relevant analyses, findings end reports provided In electronic media shall also be provxled in hard copy and that the hard copy shell govem in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a result of this process, LJA shall be advised and the tnconslatenoy shall be corrected at no additional cost to Client. Following the expiration of this SO-day period, Client shall bear all responsibility for the care, custody, and control of the electronic media. h addition, Client represents that it shalt retain the necessary mechanisms to read the electronic made, which Client acknowledges to be of ony, limited duration. Client agrees to defend, Indemnify, and hold harmless WA from all claims, damages, and expenses (including reasonable litigation costs) arising out of such reuse or alteration by Client or others acting through Client. 15. AMENDMENT, This Agreement, upon execution by the parties hereto, can be amended only by a written instrument signed by the parties. 17. ASSIGNMENT. Except for assignments (a) to entitles which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by any party without written permission of each other party. This Agreement shall be binding upon and Inure to the benefit of any permitted assigns. 16. STATUTES OF LIMITATION. To the fullest extent permitted by law, the parties agree that, except for claims for indemnification, the time period for bringing claims under this • Agreement shall expire one year after Project completion. 19. DISPUTE RESOLUTION. The parties shall attempt to settle disputes arising under this Agreement by discussion between the parties senior representatives of management. of any _ dispute cannot be resolved In this manner, within a reasonable length of time, the parties agree Mehemet non-binding mediations or any other method of alternative dispute resolution prior to lillng any legal proceedings. in the event any actions are brought to enforce this Agreement, the prevailing Carty shall be entitled to collect Its litigation costs includingettorney's fees from the other party. 20. ND WAIVER. No waiver by either party of any default by the other party In the performance of any particular section of this Agreement shall Invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 21. NO THIRD -PARTY BENEFICIARY. Nothing contained 10 this Agreement, nor the performance of the parties hereunder, is intended to benefit, eor shalt Inure to the benefit of, any third party, Including Clients contractors, If any. 22. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate end severable, and the invalidity orunentorceeblllty of anyofthem shag not affect Or impair the validity or enforceability of the remainder. • 23. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. APPROVED FOR KLOTZ ASSOCIATES APPROVED FOR LJA ENGIN RING, INC. By: By: Printed Name: Printed Name: Wallace E. Troohesset, P.E. Title: Title: Vice President Date: (Date: H:1 Engineering\ Clients \ProposalslKlolzAssociates1PSA -LJA Proposal 11 -0513.doo • ay a o e9 a a V '. „ow. v1•n,oviv,aamavia'nmm000 0000 a U N N ° tf ‘,1 [V ,0 • C W N N.-. N N N -- M U u 0 m A e a a a a �0 00 . a w of o C • N M a N a '° a M V V '0 M a N M V M b M M b b 00 '0 M M N a w C " . W u c b w O z •o d M .-. N a ,° .. _. 0-0 00. N ... 0-0 00 a a a .. 0-0 00 _ b a V , a X • w a`4r' _� V1 C 0 O N N •O O O O O N M .� N r4—,0 i U w 4 a • 00 p N M a W N • a m a a • o ° R k a . 8 8 8 7i 8 fl 9 0 g p � 5 pq H 2 c F 4 F 3 � �a o 8 P is 0 ❑❑ t ' G 0 a R @ O1 1 y a ° � a E C. g U p, r7 U 0 h g o o fi e A !N ^ � U C O A L O O •° `' U U R R 0 9 GG y o v ' FJ X' y - R s . p u° p u.N 0 b ° ' i t q 8 3 ° .H52 & o t ° ° f h i ll: Z g a 6 3 w . 2 b . b 0 w E o n 0 B v o 1 2 Y . z 0c ' 8 a° a v a :s aa o 115 I' FG FUxo: H gaa O :°. x '�°, g7 •.°.�3 W W F Fw z N y .. •+ N M V O .-' N M a Vt uO 1-- 00 a F, ti •y M 't r H .NM , 3i a • • 1 I O - - o m _ M b O p ts. rn y TA' fig N! b vlh Orb N N� -• •• r NO O h • M M 0O — [1 i 1 1 1 O 0. M O, M '0 V , V V „ V0 i u 1 00 c • C T , p V M M 00 en 00 M O. O. UN ., W. 'O 'O N I I .E1) N I W u C I O 1 1:1.9-..6. a o. t. N .- N .-..O b .. V u i y c `?, O C V o N m M ,o M D U Y ty B N N Y y Y y b d S 9 ^ • U 0 t i O 6 6 d 0 y 1 2 u $ u u r o �+ fl v fl -8 9 1 to o 8 o o - e W F o F 9 F I o a 8 N r ° j U on T, 6 '0.9. 8 p E 1 5p. '14r`o'ec .! ® 'C o,..i.� .l 4 Ifl ° L1'0 W «b i to p v a1 3 S u, I s a a o 1 Q o V ' ^ 1 . T e {v �l $ o W 'C• .^ ti 0. mAk 1 iligi 4 311 *I oil all r11000 . - 0 ( 0 0, 00 00 *N # N M V h b N 00 klotAlassociates 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.589.7257 F 281.589.7309 houston.office @klotz.com Texas PE Firm Reg. #F -929 July 6, 2011 Mr. Julian Garza Jr., P.E. Planning Department Senior Engineer City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Scope of work and budget for Northwest Park Diversion Basin Preliminary Engineering Report Klotz Associates Project No. 0127 Dear Mr. Garza: Klotz Associates is pleased to submit this proposal for a Preliminary Engineering Report for the Northwest Park Diversion Basin Project. The City of La Porte Flooding and Drainage Committee along with City staff have determined that a Preliminary Engineering Report (PER) is needed for the Harris County Flood Control District (HCFCD) Unit B 106 -00 -00 (Big Island Slough) area in La Porte to develop specific recommendations for reduction of residential structural flooding along B 106- 00 -00. Possible reduction in flooding along B106- 00-00 in La Porte using detention at the Northwest Park Diversion Basin and /or the Lomax Riding Arena is to be evaluated. The proposed scope to achieve this evaluation follows below. UNDERSTANDING OF THE PROJECT Unit B106 -00 -00 (Big Island Slough) drains from approximately SH 225 southward to and beyond the City limits at Fairmont Parkway. Previous citywide drainage studies by Klotz Associates have identified significant structural flooding along the slough in La Porte. Using detention to reduce Big Island Slough flood flows may reduce flooding levels along the slough and reduce structural flooding frequency. Possible new detention ponds at the Northwest Park site and /or the Lomax Riding Arena site in the vicinity of B106-00-00 and L Street are to be evaluated to determine their ability to reduce flooding along B 106- 00 -00. We understand that as much as 200 acre -feet of storage may be possible for development at the Northwest Park pond site. klotAlassociates 1 160 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.589.7257 F 281.589.7309 houston.office @klotz.com Texas PE Firm Reg. #F -929 July 6, 2011 Mr. Julian Garza Jr., P.E. Planning Department Senior Engineer City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Scope of work and budget for Northwest Park Diversion Basin Preliminary Engineering Report Klotz Associates Project No. 0127 Dear Mr. Garza: Klotz Associates is pleased to submit this proposal for a Preliminary Engineering Report for the Northwest Park Diversion Basin Project. The City of La Porte Flooding and Drainage Committee along with City staff have determined that a Preliminary Engineering Report (PER) is needed for the Harris County Flood Control District (HCFCD) Unit B 106 -00 -00 (Big Island Slough) area in La Porte to develop specific recommendations for reduction of residential structural flooding along B106-00-00. Possible reduction in flooding along B106- 00-00 in La Porte using detention at the Northwest Park Diversion Basin and /or the Lomax Riding Arena is to be evaluated. The proposed scope to achieve this evaluation follows below. UNDERSTANDING OF THE PROJECT Unit B106 -00 -00 (Big Island Slough) drains from approximately SH 225 southward to and beyond the City limits at Fairmont Parkway. Previous citywide drainage studies by Klotz Associates have identified significant structural flooding along the slough in La Porte. Using detention to reduce Big Island Slough flood flows may reduce flooding levels along the slough and reduce structural flooding frequency. Possible new detention ponds at the Northwest Park site and /or the Lomax Riding Arena site in the vicinity of B 106 -00 -00 and L Street are to be evaluated to determine their ability to reduce flooding along B106- 00 -00. We understand that as much as 200 acre -feet of storage may be possible for development at the Northwest Park pond site. klotz4 )associates Mr. Julian Garza Jr., P.E. July 6, 2011 Page 2 of 5 In addition, new detention ponds could possibly store some of the flows currently flowing eastward in HCFCD Unit F101 -06 -00 which lies to the east of the detention pond sites. By modifying the channel along portions of F101-06-00, flow currently draining to F 101 -00 -00 between P and L streets could possibly be reduced. Such reduction, if feasible, would potentially lower flood levels along F101- 00 -00. Flow diverted westward along F101 -06 -00 would be temporarily stored in either or both the Northwest Park pond and the Lomax Riding Arena pond so as to not adversely impact flow levels in Big Island Slough. The primary goal of this study is to evaluate potential reduction in flooding along channel B 106 -00 -00 by use of detention at Northwest Park site and /or the Lomax Riding Arena site. A secondary objective is to assess the feasibility of diverting from east to west some of the flow currently in F101 -06 -00 without adversely impacting flows in Big Island Slough. It is understood that the results of this study may be presented to HCFCD for the purpose of solicitation of financial support for detention system construction. The PER will include documentation on the analysis made and the flood level reduction benefits to be expected from construction of the Northwest Park pond and /or the Lomax Riding Arena pond. Notwithstanding this, the study is preliminary in nature. Because of the preliminary nature of the analyses to be made, it is anticipated that no field survey will be required. SCOPE OF SERVICES Task #1 - Kick off and Other Meetings 1. Kick off meeting with City staff to discuss goals and objectives for the PER in light of the PER scope. 2. Present to City staff a summary of specific options proposed for detailed analysis by Klotz Associates to obtain City staff concurrence to the proposed analyses. 3. Present to the City of La Porte Flooding and Drainage Committee the findings and recommendations of the PER study. Task #2 - Data Collection 1. Conduct limited field reconnaissance of the upper area of B106-00-00, F101-06-00, and the Northwest Park and Lomax Riding Area sites. 2. Obtain from HCFCD the latest available HEC -HMS hydrologic and HEC -RAS hydraulic models applicable to flooding and flow conditions along B106-00-00 and F101-06-00. 3. Obtain latest available LIDAR data for the study area to refine and subdivide as necessary the drainage area conditions in the Study areas. klotzOassociates Mr. Julian Garza Jr., P.E. July 6, 2011 Page 3 of 5 4. Obtain information on boundaries of the two potential detention pond sites (the Northwest Park site and the Lomax Riding Arena site). 5. Obtain from the City specific data on increased future levels of development they want to recognize in flooding evaluations. The City will be expected to delineate areas for which they may want to specifically recognize future maximum development. Task #3 — Review data collected 1. Review repetitive loss data of prior City Wide Drainage Study (January 2009 Klotz Associates report to La Porte) to identify areas where flooding problems are concentrated and distributed along B106-00-00. 2. Based on a review of the available, collected HCFCD models and potentially affected flooding areas, determine areas or channels where additional hydrologic or hydraulic model construction is needed. Task #4 - Hydrologic and Hydraulic Model Development 1. Delineate drainage areas needed for hydrologic and hydraulic modeling using LiDAR and GIS tools in light existing delineations, hydraulic structure locations along B106-00- 00, pond locations, needed drainage from ponds, and possible flow delivery from the east along F101-06-00. 2. Delineate drainage areas that are tributary to proposed ponds. 3. Modify existing HEC -HMS models to provide 10 -, 50 -, and 100 -year discharges for selected and delineated drainage areas as needed for flow modeling. 4. Modify HEC -HMS models for flow along B106 -00 -00 to describe diversion of F101 -06- 00 flow to Northwest Park site and the Lomax Riding Arena site. 5. Modify and expand as necessary a hydraulic model to describe diversion of B106 -00 -00 flow to work in conjunction with the HMS model for diversion. 6. Review site recon data, existing HEC -RAS model data, LiDAR data, channel slope estimates, and other miscellaneous data to estimate the current size, length, and approximate capacity of the F101 -06 -00 channel. Compare this to discharges in F101 -06- 00 as given in existing HCFCD. 7. If this approximate evaluation of conditions along F101-06-00 indicates flow diversion from F101 -06 -00 is feasible and worthwhile, construct an approximate HEC -RAS model along F101 -06 -00 to describe diversion behavior sufficient to describe feasible interaction with Northwest Park pond and /or Lomax Riding Arena pond. Temporal behavior of flow along F101 -06 -00 will be only approximately described so as to evaluate maximum requirements for non - impacting storage of F101-06-00 waters. klotze4Oassociates Mr. Julian Garza Jr., P.E. July 6, 2011 Page 4 of 5 Task #5 — Hydrologic and Hydraulic Modeling 1. Run existing condition RAS model to determine and describe existing flooding along B 106- 00 -00. 2. Prepare approximate floodplain delineation map for existing flooding based upon existing condition model runs. 3. Use RAS model to estimate an approximate maximum diversion along F101 -06 -00 to the detention ponds if diversion is feasible. 4. Review character of storage options and propose a set of possible storage development options for reducing flow in B106 -00 -00 for evaluation of flooding impacts of detention and diverted flow from F101- 06 -00. A maximum of eight options will be considered for modeling. 5. Discuss /revise as necessary proposed options for model evaluation with City staff and obtain their agreement to the options. 6. Execute the agreed upon options to assess flood reduction benefits 7. Prepare maps approximating the floodplain areas resulting from detention options evaluated. Task #6 - Cost of Detention Project 1. Select and describe the four selected options for reducing B101-00-00 sufficiently to allow cost estimation. 2. Describe a preferred channel improvement /addition for F101 -06 -00 flow delivery 3. Determine approximate bounds of right -of -way needed to implement the preferred options and the F101 -06 -00 flow delivery (if feasible) using HCAD information. Estimate the acreage requiring acquisition. 4. Estimate costs of construction (only) of the preferred B101-00-00 options and the F101- 06-00 channel improvement /additions (if any). Task #7 - Report and Recommendations 1. Provide recommendations as to the four most promising options for flood reduction benefits as estimated from modeling activities. 2. Prepare a Preliminary Engineering Report that documents the modeling and analyses described above, includes supporting data as applicable, and summarized costs and ROW requirements for the preferred options. 3. Provide ten printed copies of the draft PER to staff and council for review and comments. 4. Respond to comments on the draft report by council and staff. 5. Submit ten printed copies of the final report to the City. klotze1Oassociates Mr. Julian Garza Jr., P.E. July 6, 2011 Page 5 of 5 ESTIMATED BUDGET A total cost with a not to exceed amount of ninety -one thousand dollars ($91,000) is proposed for the above services. The estimated budget includes ten printed (10) copies of the final report. If more copies are required, additional budget will be requested. Items not included in the scope of work fee are: 1. field survey 2. geotechnical investigation 3. environmental investigations 4. Submittal of data to FEMA. 5. Presentation of report to HCFCD. SCHEDULE The estimated time for completion and submission of the draft PER is approximately five (5) months after receipt of the executed copy of this Agreement. ADDITIONAL SERVICES Services requested and authorized by the City of La Porte that are not a part of the above scope will be considered additional services. Work on additional services items will not begin until a written authorization and notice to proceed are signed and received. An additional scope and estimated budget will be presented accordingly prior to commencement of the additional services. Please review this scope of work and budget and contact us when you are prepared to finalize the agreement. We appreciate this opportunity to submit our proposal and look forward to working with you. Sincerely, Gary L. Struzick, P.E., CFM Vice President Northwest Park Preliminary Engineering Report City of La Porte Klotz Associates Project No. 0127.0xx.0xx 7/6/2011: Revised Cost Estimate Struzick/ Sullins/ Gutierrez/ Klotz Collins Overstreet Subtask Subtask Descriptions Prin. Project Project Engr. Engr. Cler. Cost N Mgr. per task Task #1 - Kick offs, Workshop, Progress Ruts and Mtes, and Other Req'd Mtgs 1 Kick off meeting with staff (allow "others" per office policy) 4 4 3 1 2 Kick off meeting with client 4 8 4 3 Weekly reporting - assume 12 weeks 6 4 Weekly project team meeting /status (assume 1/2 hr long) 2 6 6 3 5 Montly invoicing - assume 4 total 4 6 Montly meeting with Drainage Comm. / City Engineer /Staff (2 mtgs) _ 8 7 Council Workshop (1) 4 1 l 2 Total cost for Task #1 516,846 Task 82 - Data Collection . 1 Review prior La Porte studies by Klotz 0.5 1 0.5 2 Field Reconn 4 6 6 3 Generate base maps for Study Area/establish format for exhibits 0.5 1 3 • 4 Obtain info on property boundaries and ROW /plot I I 8 5 Obtain HCFCD HMS and RAS models _ I 0.5 6 Obtain Lastest LiDAR data 1 7 Obtain future development data from City/inlude in LDU info 1 1 6 Total cost for Task #2 58,645 - Tnsk #3 - Review Data Collected and Refine Solution Strategies for Analysis 1 Review repetitive loss data and ID problem areas 1 1 3 2 Review min data andsummarized as appropriate for report 1 1 I 3 Define deeded model additions and modifications 0.5 2 Total cost for Task 83 52,162 Task #4 - Hydrologic and Hydraulic Model Development _ 1 Delineate drainage areas for modeling needs 1 1 5 2 Delineate tributary drainage areas to ponds 0.5 2 3 Modify HMS models, recompute model parameters 1 8 4 Modify HMS models to describe FI01 -06 -00 flow diversion to ponds 1 2 8 2 5 Expand/modify RAS model for B106 -00 -00 16 1 6 Estimate feasibility and capacity of F101.06.00 diversion flow using existing data 4 3 2 7 Construct approximate model for F101;06 -00 diversion flow 1 8 8 QA/QC 4 _ Total cost for Task 84 513,653 Task #5 - H & H Modeling 1 Run existing condition models to describe existing flooding 3 1 2 Prepare floodplain map - existing conditions 3 1 3 Run model for F101 -06 -00 to computed inax. diversion behavior 1 4 4 Clarify options, improvements to consider for modeling 1 2 2 5 Discuss options for modeling with City; document their agreement 4 4 6 Run max 8 options for proposed conditions agreed to by City 16 16 _ 7 Prepare maps of results of different options 1 1 8 8 2 8 QA/QC 4 4 . Total cost for Task 85 516,608 - _ Task 86 - Cost of Detention Projects 1 Select 4 -most preferred options 1 _ 2 1 2 Select preferred option for F101-06-00 redirectoin 1 3 1 3 Run model for F101-06-00 to computed max. diversion behavior 2 I , 4 Estimate cost for ponds 6 _ 5 Estimate cost for F101 -06 -00 charnel reversal 6 _ 6 QA/QC 1 2 Total cost for Task #6 55,681 Task 47 - Report Recommendations I Provide recommendations for drainage improvements 4 2 - 2 Prepare a DRAFT Preliminary Engineering Report 20 12 6 4 3 Internal QA/QC of DRAFT PER 2 3 4 . 4 _Prepare /colate 10 copies and deliver to City 1 6 - 4 5 Receive /review cormnents of City; revise report if appropriate 1 16 8 6 Internal QA/QC of FINAL PER 2 3 3 . 7 Prepare /colate 10 copies and present to City 1 1 1 _ 7 4 Total cost for Task #7 523,408 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. 14, Willow Springs Bayou, HCFC Unit B112-00-00 ( "Project "). Engineer's Services under this Agreement are generally identified as follows: Hydraulic and Hydrologic Studies as described in Attachment 1. 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 ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 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 clays 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 party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. 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 E-520 Short Form ofAgreentent Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Enghicets for EJCDC. All rights reserved. Page 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 4.01.6 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 Porm of agreement Between Owner and Engineer for Professional Services. Copyright Z2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 Otvner and Engineer for Professional Services. Copyright 32009 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. I. 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. 09601 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 $39,550. Refer to Attachment 2 for a manhour and cost breakdown by task. 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 = $5,710.00 Task 2.0-- Data Collection and Review = $4,160.00 Task 3.0 -- Hydrologic Analysis = $3,940.00 Task 4.0 — Hydraulic Analysis = $7,640.00 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 Agreement Between Owner and Engineer for Professional Services. Copyright 82009 National Society of Professional Engineers for EJCDC. All rights resen ed. Page 5 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 ©2009 National Society of Professional Engineers for EJCDC, All rights reserved. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: ENGINEER: By: By: 1144° Title: Title: President Date Signed: Date Signed: 6/24/2011 Firm's Certificate Number: F -382 State of: Texas Address for giving notices: 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 Scrvlces. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 [' JCD C = 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 Behveen Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 Attachment 1 Scope of Work Hydrologic and Hydraulic Study for Willow Springs Bayou, HCFC Unit B112 -00 -00 City of La Porte Drainage Project No. 14 The City of La Porte City Wide Drainage Study (CWDS), dated January 2009, recommended channel improvements along Willow Springs Bayou, HCFC Unit B112- 00 -00, between Fairmont Parkway to Spencer Highway, a length of approximately 5,459 feet. The proposed channel improvements include a concrete -lined channel section. It should be noted that approximately 2,165 feet of the proposed project limits contain a concrete -lined channel. The CWDS identified that these channel improvements would reduce potential overbank flooding within the Brookglen Subdivision during a 100 -year storm event. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) evaluate alternative channel sections with the FEMA effective hydraulic model for HCFC Unit B112- 00 -00; (2) determine the hydraulic profiles along HCFC Unit B112 -00 -00 for various design storms; and, (3) 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 Willow Springs Bayou, HCFC Unit B112- 00 -00. A FEMA Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) will be scoped separately, during Preliminary and Final Design Phases. City of La Porte CWDS Report Information (January 2009) 1. Project ID: 14 2. Channel: HCFC Unit B112 -00 -00 (Willow Springs Bayou) 3. Location Benefiting: Brookglen Subdivision 4. Modification Type: a. Channel Improvement b. Mitigation Pond 5. Description: a. Trapezoidal Concrete Channel (Concrete Lining) 1. Length = 5,459 feet ii. Maximum Top Width = 114 feet iii. Typical Side Scopes = 3H:1V iv. Excavation Volume = 58.3 acre -feet v. Total Land Acquisition = 4.8 acres b. Channel Dimensions i. Sta. 10067 to Sta. 10792 (Improved Length = 725 feet) 1. Channel Depth = 11 feet 2. Channel Bottom Width = 50 feet 3. Channel Side Slopes =1 1:1V 4. Manning N Value = 0.015 5. Existing ROW Width = 72 feet 6. Est. Min ROW Width = 112 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.6 acres 8. Excavation Volume = 4.8 acre -feet CiviITCCh Page 1 of 4 Engineering, Inc. ii. Sta. 9638 to Sta. 10067 (Improved Length = 429 feet) 1. Channel Depth = 12 feet 2, Channel Bottom Width = 50 feet 3. Channel Side Slopes = 1H:1V 4. Manning N Value = 0.015 5. Existing ROW Width = 74 feet 6. Est. Min ROW Width = 114 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.4 acres 8. Excavation Volume = 3.9 acre -feet iii. Sta. 7799 to Sta. 9638 (Improved Length = 1840 feet) 1. Channel Depth = 15 feet 2. Channel Bottom Width = 80 feet 3. Channel Side Slopes = 1H:1V 4. Manning N Value = 0.015 5. Existing ROW Width = 110 feet 6. Est. Min ROW Width = 150 feet (20' Maintenance Berms) 7. Land Acquisition Area = 1.6 acres 8. Excavation Volume = 24.8 acre -feet iv. Sta. 5616 to Sta. 7799 (Improved Length = 2465 feet) 1. Channel Depth =17 feet 2. Channel Bottom Width = 80 feet 3. Channel Side Slopes = 1H:1V 4. Manning N Value = 0.015 5. Existing ROW Width = 114 feet 6. Est. Min ROW Width = 154 feet (20' Maintenance Berms) 7. Land Acquisition Area = 2.2 acres 8. Excavation Volume = 24.8 acre -feet c. Mitigation Pond I. Dimensions = 575' x 575' (includes 30' maintenance berms) ii. Excavation Volume = 65 acre -feet iii. Pond Depth =10 feet iv. Pond Side Slopes = 4H :1V v. Land Acquisition Area = 7.6 acres 6. Estimated Land Acquisition =12.4 acres 7. Total Construction Costs = $5,494,000 a. 6112- 00 -00: Channel (Total = $3,119,000) I. Construction Costs with 25% Contingencies = $2,461,000 H. Land Costs = $698,000 b. 8112- 00 -00: Mitigation Pond (Total = $2,335,000) Construction Costs with 25% Contingencies = $2,031,000 ii. Land Costs = $304,000 8. Channel improvements and mitigation pond should be constructed simultaneously. Pond can be constructed to serve multiple detention purposes. CivilTecli Page 2 of 4 Engineering, Inc. 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 Armand Bayou watershed will be used for the hydrologic analysis. 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 Willow Springs Bayou, HCFC Unit 8112-00-00, will be used for the hydraulic analysis. 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 Willow Springs Bayou, HCFC Unit 8112-00-00. The project evaluation will include preparing a preliminary construction cost estimate and determining the potential flood reduction benefits to the Brookglen Subdivision. Flood reduction benefits may be quantified in terms of the number of homes removed from the 100 -year flood elevation. It is anticipated that the City of La Porte will provide finished floor elevations for homes within the Brookglen CivilTech Page 3 of 4 Engineering, inc. 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. 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Aft r l u1 1 1 g1 fl 1 1 1 a >, a� 1 t -4 t i i "i; t i 1• x1 1 1 -' r 1 y i. 1 1 ! iIi; 1 1 1 31: 5! ! j 1!L I 1 4 1! i y i ' 1 it ii d s 1 s i i i • 1 1 -. i 1 i : I ' ' ' 1 I t # i ; , 1 i t 1 7 1 ° 1 1111 l 1 P i 1 -646 2 I i # 1 n i i ■ i s t i 1 1 1 1 1 1 1 1 " 1 1 1 1 f t L ry �M d1 f i I ' ` M ,i i 1 0l I #Lt €t4i i J#fli i ice' i. iv 11 P. i 1IlI1"I1t IIii I11rr1 111 11 0! 1 1 1 1 1 1 1 1 f 1 !mil i# t i 1 1 I I 11 El R 5 x i - 1 1 1 8 -' 1 v 1 i 1 f � i 118! 1! 1! I .I 9 1 1 E 1 1 1_1) 1 J 1 1 1 1. 1[ 1 1 1 .!_ 1. 1 u- 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 ( "Project "). Engineer's Services under this Agreement are generally identified as follows: Hydraulic and Hydrologic Studies as described in Attachment 1. Surveying services to beprovided 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 pia 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. EJCDCE -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 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 Tess) 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 party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. 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 E-520 Short Porn) of Agreement Between Owner and Engineer for Professional Services. Copyright *2009 National Society of Professional Engineers for EJCDC. Affrights reserved. Paget 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 Agreement Between On Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 Services. Copyright ©2009 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. I. 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 man hour 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 Agreement Retied" Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved, Page 5 i 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 Bctiseeu Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: ENGINEER: Title: Title: President Date Signed: Date Signed: 6/24/2011 Firm's Certificate Number: F -382 State of: Texas Address for giving notices: Address for giving notices: CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 EJCDC E-520 Short Porn of Agreement Deineen Owner and Engineer for Professional Services. Copyright 02009 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 , 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 Append I% 1, Standard Hourly Rates Schedule EJCDC F-520 Shori Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional 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 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 lmprovement 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) CivilTech Page 1 of 3 Engineering, Inc. 7. Land Acquisition Area = 1.1 acres 8. Excavation Volume = 3.4 acre -feet H. 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 1. 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) 1. Construction Costs with 25% Contingencies = $56,000 ii. Land Costs = $57,000 b. A104- 00 -00: Mitigation Pond (Total = $248,000) 1. 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 CivilTech 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 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. CivilTech Page 3 of 3 Engineering, Inc. ° 8 8 8 8 8 8 8 8 8 8 8 q a 88 8 4 0 8 g ° A vi NN C pp �bp p .p tp .Ny y v 3 n b H M N .n-. W$ g 4 O N A, a .g- P A g .g .g- H M $ a N N Fig g tp 8 0 O rv N• 1.1.1.10i f ' I O�) .1.1.1 i 1 1 i 1 of O ! 1 i ' O O I i O O1 O 1.1.1.1 i i I —1.1.1 ` { 1 1 1 1 1 1 N y , i 4 . 1 ! l II II i 1' f }; + t i i 1 i i! i. 1 1 1 1 1 1. i i! I i 01 i i F 1 i 1 101 i i i 1, ! 1} ! ae n € $ . i n 01 ! 0 1 0 ! 1 1 1 ty } 0 1 } o f a n 1 i 1 1 of °! 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E �i ill o f 1 1 I. E1 vat 6E }of>:;ii 1 1e!Ii1 1 3 i I ! 1 Ir 1 1 i I 1 € ¢8' it'll( 4} 1 u1 i i i k 1 1 1 € ! 1 i iEl 1 1 , A i 1 Ili i 1{ . 1 1 1 1 1 i ! X1°.3 1 i�1fa1 ! 1 ! . 1 !�'�I i i ' ! i ;AI ! " i n i ! n � I ' i -§15 al .fia .1a} 1� «121 1 } 1 "VIV:i' 1 i 1r, I 1e °1 i }^ 1 _ n 1 1 n 1 1!! i l 1 i! . _ 1 1 I__ V. gg i ;111 1 i! ; }i!!i1 1 ' 1 1 1 : 1, 1 1 1 1 1 1 1! 1a1 1, 19 ii • n i 111 I 1 1 `�! i ! { j J lit! ! ATTACHMENT 3 CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947 -6606 Fax (713) 947 -6609 www.eivileoncepts.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 mgspinks@civiltecheng.com FROM: David Newell, RPLS,LS,CFM SURVEYING PROPOSAL: City of Laporte Project 19 A- 104 -00 -00 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 AtttoCad file, and text file. CivilTech City Laporte prj 19 rev