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R2019-160 2019-07-08 RESOLUTION NO. R2019-160 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with IDS Engineering Group for design services, associated with the West Lea Subdivision Drainage Improvement Project, in the amount of $552,780.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services, a copy of which is attached hereto as Exhibit"A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for design services associated with the West Lea Subdivision Improvement Project. PASSED, APPROVED and ADOPTED this the 8th day of July, A.D., 2019. f:1(•••". %:5?,C;s cL, ~ k TOM REID • � MAYOR ATTEST: yea• L-141/e1:71 MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. Exhibit A 82019-160 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and IDS Engineering Group ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as West Lea Subdivision Drainage Improvements ("PROJECT"). (Project#DR1904) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule.The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF fonuat. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 7 D2.Revised 04/2019 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT,CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 7 D2 Revised 04/2019 SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end January 31, 2022. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $344,805.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $158,415.00 3. Bid Phase Services (Hourly Not to Exceed) $3,400.00 4. Construction Phase Services (Hourly Not to Exceed) $41,160.00 5. Reimbursable Expenses (Not to Exceed) $5,000.00 6. Total: $552,780.00 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty day period("Billing Period"). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable"the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. Design 3 of 7 D2 Revised 04/2019 F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/or binding costs • Postage • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV- THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. Design 4 of 7 D2 Revised 04/2019 SECTION V- TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 13430 Northwest Freeway, Suite 700, Houston, TX 77040. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this,the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 5 of 7 D2 Revised 04/2019 SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT.For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion,may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission,percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. 42 5?---1 COF P ARLAND, TEXAS DATE f . . V/ /Z-zn/7 CO SULT T ATE Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification I, 1; 1)0'41( 6U5aAt 1 (Person name), the undersigned representative-(hereafter referred to as "Representative") of _�,5 Ens,r) e r;i1K com ana or busine s tip) ame , hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18)years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. a_z..,,zz SIGNATU EOF f EPRESENTATIVE � SUBSCRIBE AND SWORN TO BEFORE ME, the undersigned authority, on this Aga day of , 20 /9. .11'svpL••. DARLENE DOUGHTY. 7 s Notary Public,State of TexasdditAILIM- A i ' ` t .1• Notary ID##13078793-2 o 4 •. :4'? My Commission Expires 0 aF'� AuR, st2242o20 Notary Public Design 7 of 7 D2 Revised 04/2019 IDS Engineering Group June 18, 2019 Susan Johnson Project Manger Engineering&Capital Projects City of Pearland 2559 Hillhouse Road Pearland,Texas 77584 Reference: Proposal for Professional Engineering Services West Lea Subdivision Drainage Improvements-2019 Bond Projects Dear Ms.Johnson: IDS Engineering Group, Inc. respectfully submits this proposal for professional engineering services for the design and limited construction phase services of the West Lea Subdivision Drainage Improvement project. Scope of Services Based on the Preliminary Engineering Report(PER)Alternative 1 Recommendations the project will include the regrading and deepening of the entire roadside ditch system serving the West Lea subdivision including the ditch along Manvel Rd (TxDOT), replacement of intersection and driveway culverts with adequately sized culverts, and the regrading and deepening of Brazoria Drainage District 4 (BDD4) ditch B122-00-00.Additionally,the PER identified 10.3 acre-feet of detention is required to mitigate stormwater discharge to Marys Creek due to the drainage improvements in the subdivision. IDS proposes the following scope of work for the project: Basic Services Design 1. Review additional floodplain and Master Drainage Plan information provided by the City of Pearland.The final design will be consistent with the requirements of the Master Drainage Plan as necessary. 2. Design the storm system improvements to maximize detention within the subdivision and ditch B122-00-00 3. Identify any additional off-site detention requirements. 4. Update the drainage calculations (3-yr and 100-yr)to reflect final design improvements. 5. Prepare a letter addendum to the PER to document the final drainage improvement recommendation. 6. Coordinate with TxDOT for work within the Manvel Rd (FM 1128) Right-of-Way(ROW). 7. Coordinate with BDD4 District Engineer. 8. Identify and coordinate with private utilities within the project area. 9. Identify and protect(if feasible)trees, landscaping and other homeowner improvements within the project area. 13430 Northwest Freeway,Suite 700,Houston,Texas 77040 TBPE F-2726 I TBPLS 10110700&10110704 infrastructure design solutions t 713.462.3178 idsee.com Susan Johnson City of Pearland June 18,2019 Page 2 of 3 10. Prepare plans and construction documents for the proposed drainage improvements, including stormwater pollution and prevention plans(SWPPP)and traffic control plans (TCP). 11. Provide document submittals at 60%,90%and 100%, including estimated construction cost and schedule. Documents will include PDFs uploaded to Manage-IT and 2 hardcopy, half size sets. 12. Obtain necessary approvals and signatures for the final documents. 13. Attend design meetings including a kick-off meeting,TRC meeting and monthly progress meetings. 14. Project bidding support including attending the pre-bid meeting, preparation of the bid tab and recommendation of award letter. Design Special Services 1. Perform topographic survey services for the base project within the West Lea Subdivision. 2. Provide wetlands assessment of drainage ditch along Manvel Rd (FM 1128) in accordance with TxDOT requirements. Bid Phase Services 1. Assist the City with project advertisement and bidding 2. Attend Pre-Bid meeting 3. Address bidders' questions and prepare any addenda 4. Evaluate Bids, Prepare Bid Tab and Engineers Recommendation of Award Letter Phase Ill—Construction Phase Services(CPS): 1. The preliminary estimate of construction duration is 480 days. 2. Attend the pre-construction meeting. 3. Prepare construction documents for distribution to the contractor(5 sets of project manuals and full-size plans) 4. Review contractor shop drawings and submittals. 5. Respond to RFI/RFP/CO requests. 6. Attend bi-weekly progress meetings. 7. Make monthly site visits to document project progress. 8. Attend substantial and final completion walk throughs. 9. Prepare"Record Drawings" based on final "As-Built" drawings provided by the contractor. Additional Services Additional services will be provided if necessary and authorized by the City. 1. Additional survey for off-site detention basin. 2. Design of off-site detention basin as required. 3. Provide geotechnical services including soil borings for off-site detention basin. 4. If wetlands are identified in the wetlands assessment,provide wetlands mitigation services in accordance with TxDOT requirements. Fees We propose to perform the above described Scope of Services for the following fees: I DS Engineering Group TUE F-2726 Susan Johnson City of Pearland June 18,2019 Page 3 of 3 Basic Services 1. Design $344,805 (LS) 2. Survey $ 99,125 (LS) 3. Wetlands Assessment $ 4,290(LS) Subtotal Basic Services $448,220(LS) Bid Phase Services $ 3,400(Hourly, Not to Exceed) Construction Phase Services $ 41,160(Hourly,Not to Exceed) Reimbursible Expenses $ 5,000(Not to Exceed) Included as Attachment A is our level of effort manhour estimate in support of the basic services fees. Included as Attachment B are our subconsultant proposals. Additional Services We propose the following budget for Additional Services.We will submit proposals for specific additional services as necessary for approval by the City: 1. Additional Survey $ 10,000 2. Detention Basin Plans $ 25,000 3. Geotechnical Services $ 10,000 4. Wetlands Mitigation Plan $ 10,000** Subtotal Additional Services $55,000 ** Note—the Wetlands Mitigation Plan assumes the ditch will be considered non-jurisdictional waters by the Army Corp of Engineers. Schedule Included as Attachment C is our proposed design schedule. We anticipate bid ready documents to be submitted to the City within 300 days of notice to proceed. Based on 480 days for construction,we estimate the project to be complete in October 2021. We appreciate the opportunity to present this proposal to the City of Pearland. If you need additional information in support of this proposal, please do not hesitate to call us at 713.462.3178. Sincerely, arcel Khouw, P.E. Travis Sellers, P.E. Sr. Project Manager Sr.Vice President Attachments A Level of Effort Manhour Estimate B Subconsultant Proposals C Proposed Design Schedule X:\1700\171700700 Pearland West Lea Drainage\PM\010 Proposal\Proposal_West_Lea Design_rev2.docx 4:. IDS V Engineering Group TE3PE F-2726 ATTACHMENT A LEVEL OF EFFORT MANHOUR ESTIMATE PRODUCTION MANHOUR ESTIMATE-Phase II Design and Phase III CPS West Lea Subdivision Drainage Improvements Notes:Manhour estimate based on Alternative 1 from drainage PER report and subsequent pre-scoping meeting. 1717-007-00 Date: June 6,2019 By: Rich Fuller Revised: By: Principal Senior PM Design Manager Project Engineer Design Engineer Senior Designer CADD Tech Administrative Total Hours Cost/Sheet Cost SHT NO.., DESCRIPTION ' '' m$260.00, ..-$229.00' ', $200.00 , :-$190:00 - $122.00 7 , ,. ,$150 00 - `$117.00' - $110 00, Phase ll-Design .., . . Plans .. _ .. . - _ 1 Cover Sheet&Index 1.0 1.0 2.0 2.0 8.0 14.0 $ 1,830.00 $ 1,830.00 2 Construction Notes 2.0 5.0 2.0 4.0 13.0 $ 1,862.00 $ 1,862.00 3 Project Layout 1.0 2.0 8.0 11.0 $ 1,436.00 $ 1,436.00 4 - 24 Survey Control 5.3 10.5 21.0 42.0 78.8 $ 509.00 $ 10,689.00 25 - 26 Typical Sections(Exist&Prop) 2.0 4.0 4.0 4.0 16.0 30.0 $ 1,980.00 $ 3,960.00 27 Drainage Area Maps 1.0 2.0 6.0 4.0 6.0 19.0 $ 2,534.00 $ 2,534.00 28 - 29 Drainage Calcs 4.0 8.0 16.0 40.0 2.0 16.0 86.0 $ 5,966.00 $ 11,932.00 30 - 96 Plan&Profiles 134.0 67.0 201.0 469.0 603.0 1474.0 $ 3,019.00 $ 202,273.00 $ - 97 - 98 Paving Details(City of Pearland Standards) 0.5 2.0 4.0 6.5 $ 414.50 $ 829.00 99 - 102 Traffic Control Standards(Brazoria County Standards) 1.0 4.0 8.0 13.0 $ 414.50 $ 1,658.00 103 - 123 SW3P 10.5 21.0 42.0 84.0 157.5 $ 965.00 $ 20,265.00 124 - 125 SW3P Details 0.5 2.0 4.0 6.5 $ 414.50 $ 829.00 • 126 Drainage Details 0.3 1.0 2.0 3.3 $ 414.50 $ 414.50 127 - 128 Driveway Details(Standard City of Pearland) - 0.5 2.0 4.0 6.5 $ 414.50 $ 829.00 129 - 149 X-Sections 5.3 10.5 21.0 120.0 21.0 177.8 $ 1,221.14 $ 25,644.00 286,984.50 Specifications/Project Manual - - - - Bid Form 2.0 2.0 9.0 5.0 18.0 $ 1,174.00 $ 2,348.00 Specifications 2.0 2.0 9.0 14.0 27.0 $ 1,669.00 $ 3,338.00 Sub-Total Specifications/Project.Manual' -. - . -- ' , .'4.0 4.0 , ' '18:0 - 's' - 19.0.. '"45.0 ,.'$ " 5,686.00 Construction Cost Estimate - , - Quantity Take-Off 3.0 3.0 3.0 40.0 2.0 51.0 $ 2,270.00 $ 6,810.00 Construction Cost Estimate 3.0 3.0 3.0 10.0 19.0 $ 976.67 $ 2,930.00 9,740.00 Meetings;Coordination&Other Project Meetings 18.0 18.0 36.0 $ 2,220.00 $ 6,660.00 Data Collection and Review 8.0 8.0 8.0 24.0 $ 3,776.00 $ 3,776.00 Drainage PER Letter Addendum 6.0 24.0 9.0 39.0 $ 5,910.00 $ 5,910.00 Utility/BDD4 Coordination 6.0 8.0 14.0 $ 1,460.00 $ 2,920.00 TXDOT Coordination 4.0 16.0 40.0 60.0 $ 10,080.00 $ 10,080.00 Agency Approvals 9.0 9.0 9.0 27.0 $ 2,124.00 $ 4,248.00 PM/QA-QC 40.0 40.0 $ 4,400.00 $ 8,800.00 Sub-TotolMeetings:^&Coordination.^ •.,"','. ^ : ATTACHMENT B SUBCONSULTANT PROPOSALS SURVEY FEE PROPOSAL PROJECT NAME AND LOCATION: Pearland - West Lea Drainage Design Topo. (large lot subdivision with asphalt streets w/open ditches) JOB NO: 1717-007-00 DATE: 6-May-19 PROJECT MGR / CONTACT: Marcel Khouw SCOPE OF WORK: 1.) TOPO - 22,700' full width street topo, 3,900' 1/2 width - east side (Manvel Road), 3,900' Drainage ditch "BDD4"/B122-00-00. (Does not include Marys Creek or Bailey Rd.) 2.) CAD file to contain appearent boundary/R.O.W. lines for all streets & Drainage Ditch "BDD4"/B122-00-00. (Does not include Marys Creek or Bailey Rd.) 3.) Deliverables: Civil 3D CAD and ASCII files, based on NAVD88, 2001 adjustement. FEE QUOTE: $99,125 = $3.25/ft (plus applicable sales tax) Prepared by: Chuck Falkenahgen X:\1700\171700700 Pearland West Lea Drainage\PM\026 Subconsultants\IDS Survey\Pearland -West Lea Drainage Design Topo.xls ��� °L%`��,, BERG • OLIVER ASSOCIATES, INC. • _s Environmental Science&Land Use Consultants 14701 St.Mary's Lane, Suite 400,Houston, Texas 77079 (281) 589-0898 fax: (281) 589-0007 Houston 0 Dallas/Fort Worth 0 www.bergoliver.com ,,RoNM May 21, 2019 IDS Engineering Group Mr. Marcel Khouw,P.E. 13430 Northwest Freeway, Suite 700 Houston, Texas 77040 Via email: MKhouw@idseg.com Re: Proposal for Environmental Services for approximately 0.75 miles located near the Manvel Road Ditch, in Brazoria County, Texas BOA076-11274N-WD Dear Mr. Khouw: The following proposal is provided to IDS Engineering Group for environmental services for approximately 0.75 miles located near the Manvel Road Ditch, in Brazoria 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 is proposing to provide the following service: Task I) Wetland Delineation. Attachment A describes each 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 IDS Engineering Group,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. Berge Oliver Associates,Inc. BOA076-11274N-WD Opportunity#19-01897 May 21,2019 BASIC COMPENSATION AND METHOD OF PAYMENT Berg+Oliver proposes to provide the environmental services described in Attachment A to IDS Engineering Group for the following lump sum amount: Three Thousand Nine Hundred Dollars ($3,900.00) * * This amount is based upon the property having clear access for delineation so that field work can be completed in one (1) day by a two-man crew. If there is thick vegetation, it may take longer to complete the delineation. For each additional day (8 hours) of field work by a two-man crew, the amount will increase $1,800.00 extra per day. 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 additional tasks require more than a 10%overage(as described above),Berg.Oliver will provide the client with an appropriate change order. This cost estimate is valid for a period of six(6)months beyond the date shown below. After six(6) months, cost estimates may change due to fluctuations in fuel, subcontractors, and other sources required to complete the project. Berg♦Oliver will begin the work described herein upon the execution of this proposal by the client. Invoices for each lump sum amount will be invoiced upon completion of the task or upon 50%,75%, and 100% completion if the project takes longer than thirty (30) days to complete. Invoices for all hourly work will be submitted monthly and will be based upon the attached Rate Schedule in Attachment B. Payment of all invoices is expected within thirty (30) days of the client's receipt of the invoice submitted by Berg♦Oliver. If invoice is not paid in full in thirty (30) days, interest will accrue at 1.5%per month(18%per annum). Berg e Oliver Associates,Inc. BOA076-11274N-WD Opportunity#19-01897 May 21,2019 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 IDS Engineering Group 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. PROPOSAL ACCEPTANCE AND EXECUTION Berg♦Oliver shall be authorized to commence the Services upon execution of this Agreement. Client and Berg*Oliver agree that this Agreement and attachments herein incorporated by reference (the "Agreement") constitute the entire agreement between them relating to this proposal. The signatory below also represents that the client has, or has secured, the authority to grant permission for Berg♦Oliver personnel to enter the subject property as necessary to conduct these assessments and that such permission is granted to Berg♦Oliver 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. This Agreement contains a limitation of liability clause and the Client has read and consents to all terms. IN WITNESS THEREOF,IDS Engineering Group and Berg♦Oliver Associates,Inc.have accepted and executed this proposal for environmental services on this the day of 2019. IDS ENGINEERING GROUP By: Authorized Signature BERG♦OLIVER ASSOCIATES,INC. By: Keith Morgan Natural Resource Group Manager Attachments: A—Scope of Work B—Personnel Rate Sheet C—General Conditions for Services Berg®Oliver Associates,Inc. BOA076-11274N-WD Opportunity#19-01897 May 21,2019 ATTACHMENT A TASK I WETLAND DELINEATION SCOPE OF WORK The objective of the delineation is to evaluate and document any portion of the site to be classified as a "Jurisdictional Water of the United States" as defined in 33 CFR 328 and subject to U.S. Army Corps of Engineers (USACE)jurisdiction. The delineation will be conducted according to the 2010 Regional Supplement to the Corps of Engineers (USACE) Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region(v.2). The recent guidance and supplemental criteria have altered the primary determining factors for identifying waters of the United States. However, compliance with these criteria requires a significant increase in the documentation and scientific evaluation. Delineation work will consist of the following tasks: Task 1: Review of NRCS Soil Surveys: Task 1 will include a review of previously published soil data published by the U.S. Department of Agriculture,Natural Resources Conservation Service (NRCS), to determine the types of surface soils expected to be confirmed by on-site soil analysis. Task 2: Review of Aerial Photographs: Task 2 will include a review of historical aerial color and black/white photographic enlargements for selected years. Infrared color photographs will be analyzed for the presence of wetland signature color distortions. Information for all photographic interpretation will be compared to locate recurring sites where wetland signatures are present. Task 3: Site Reconnaissance for Wetland Indicators.: Task 3 will include inspecting the property under the field procedures outlined in the Corps of Engineers Wetland Delineation Manual—Technical Report Y-87-1 by the USACE. Transects are required for tracts greater than 5 acres in size,unless negotiated with the USACE to forego transects based on the homogeneous landscape and habitat type. If necessary, transects will be performed across the property, perpendicular to the nearest watercourse. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation samples will be evaluated and recorded at each sample area. Upland vegetation will be verified, for it is as significant as wetland vegetation in the determination process. Inspection of the property for evidence or lack of wetland hydrology will be performed at each sample area. Soil samples will be evaluated at each test site for their hydric and non-hydric characteristics. Non-hydric soils verify upland status and are as significant as hydric soils in the determination process. Task 4: Demarcation of Wetland Areas: Task 4 will include the flagging of the jurisdictional wetland areas and/or the ordinary high water mark for location by a Registered Professional Land Survey(RPLS) or Global Positioning System(GPS). Location of the areas by RPLS or GPS survey using the USACE October 2003 Standard Operating Procedures is required for USACE verification/permitting and is recommended for project planning. Berg♦Oliver Associates,Inc. BOA076-11274N-WD Opportunity#19-01897 May 21,2019 Task 5:Preparation of a Map Representing Wetland Areas: Upon receipt of the RPLS or GPS wetland areas and the limits of the Jurisdictional Waters, information regarding the field location of the boundaries of all Section 10 and 404 waters/wetland limits within the property boundaries will be plotted on a scaled map. Each Jurisdictional area will be depicted with the following information: (1) size and shape; (2) surface area calculation (acres); and (3) combined total wetland and Jurisdictional Water area calculations for the entire subject tract. The final report submitted to the client from Berg♦Oliver will reflect the surveyed data from the RPLS or GPS survey showing the location of the wetlands. Task 6: Report Preparation: Task 6 will include the preparation of a final report. Upon completion of the site reconnaissance, data translation, and map preparation, a report will be completed, two copies of which will be given to the client. The report will include a discussion of methodology used to delineate the tract, site findings, copies of all historical information reviewed, such as U.S. Geological Survey topographical maps, NRCS soil survey maps,aerial photographs, site photographs,USACE routine data sheets,and a wetland delineation map. Berg♦Oliver Associates,Inc. BOA076-11274N-WD Opportunity 419-01897 May 21,2019 ATTACHMENT B --G•,oz;,%,,, BERG ♦ OLIVER ASSOCIATES, INC. ? _* ', s 5 Environmental Science &Land Use Consultants � ` � 14701 St.Mary's Lane, Suite 400, Houston, Texas 77079 s (281) 589-0898 fax: (281) 589-0007 ' ' `�RONM� " Houston 0 Dallas/Fort Worth 0 www.bergoliver.com 2019 PERSONNEL RATE SCHEDULE Personnel Hourly Billing Rate Project Director/Principal $225.00 Senior Associate $180.00 Professional Geologist/Geoscientist $180.00 Senior Project Manager $170.00 Project Manager/Registered Environmental Manager $165.00 Health/Safety Officer/Chemist $160.00 NEPA Specialist $150.00 Project Coordinator $130.00 Wetlands Biologist/Ecologist $130.00 Soil Scientist/Geologist $130.00 Senior GIS Analyst/UAV Pilot $125.00 GIS Analyst $110.00 CADD Sr.Analyst $110.00 Field Technician $85.00 In-House Technician/Administrator $80.00 CADD Analyst $80.00 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 o Oliver Associates,Inc. BOA076-11274N-WD Opportunity#19-01897 May 21,2019 ATTACHMENT C PROPOSED DESIGN SCHEDULE West Lea Drainage Proposed Design Schedule ID 0 'Task Name (Start 'Finish I Duration Qtr 2.2019 I Qtr 3,2019 I Qtr 4,2019 I Qtr 1.2020 I Qtr 2.2020 I Qtr 3.2020 I Qtr 4,2020 I Qtr 1.2021 1 Qtr 2.2021 I Qtr 3,2021 1 Qtr 4.2021 1 1 Design Schedule-West Lea Drainage Design !Mon 6/17/19 !Mon 3/30/20 288 days 2 ® Kick-Off Meeting Mon 6/17/19 !Mon 6/17/19 1 day 3 60%Design Tue 6118/19 ;Thu 11/28/19 164 days •L.......... • • • • 4 l:2 Topographic Suvey -jTue 6/18/19 :Fri 8/16/19 60 days . ;-`, 1'? 5 Data Collection Tue 6/18/19 :Wed 7117/19 30 days • 6 111 Wetlands Assessment 'Mon 6/24/19 :Tue 7/23/19 30 days 7 Prepare 60%Plans&Documents !Sat 8/17/19 ;Thu 11/14/19 90 days :-:,, ,;;F-« , • - - - --. 8 ® Update Drainage calculations Mon 9/16/19 ;Tue 10/15/19 I 30 days ;1.'01 9 Evaluate Off-Site Detention "Wed 10/16/19 !Tue 10/29/19 i 14 days 10 Prepare Drainage Memo Wed 10/30/19 /Tue 11/12/19 ! 14 days .11 11 60%Review(City) !Fri 11/15/19 'Thu 11/28/19 14 days 12 90%Design T;Fri 11/29/19 !Mon 2/10/20 ! 74 days - 13 Prepare 90%Plans&Documents !Fri 11/29/19 :Mon 1/27/20 60 days • _,, •b-m, ' 'Fri 12/13/19-- 15 days 14 • Finalize TCP ;Fri 11/29/19 15 Finalize SWPPP :Sat 12/14/19 Fri 12/27/19 14 days \ial . 16 Agency Submittals&Review(TxDOT,BDD4) Sat 12/28/19 1Mon 1/27/20 i 31 days 17 90%Design Review(City) !Tue 1/28/20 ;Mon 2/10/20 i 14 days :.7 18 . 100%Design {Tue 2/11120 Mon 3130/20 i 49 days 19 • Prepare 100%Plans&Documents ?Tue 2/11/20 Wed 3/11/20 30 days i ^=-� 20 n Obtain Agency Approvals :Fri 2/28/20 :Mon 3/30/20 32 days 1 21 Submit Final Plans and Documents :Mon 3/30/20 !Mon 3/30/20 0 days •3130 22 Ln Bld :Wed 418120 :Thu 5/7/20 l 30 days I • 23 .Award/NTP---- !Fri 5/8/20 ---/Mon 8/8120 i 32 days rC.''a I 24 Construction - ',Tue 6/9120 'Fri 10/1121 480 days Task ElICEI24, Project Summary Ffpg, Inactive Task I I Duration-only _ :- - Finish-only ] Project:Design Schedule Split ,,,,,,,,,,,,,,,,,,,,,,,,, External Tasks 010WEEI Inactive Milestone J Manual Summary Rollup ....... . Progress Date:Mon 6/10/19 Milestone ♦ External Milestone • Inactive Summary 1, V Manual Summary limwe.. . Deadline 0 Summary Ail Inactive Task • Manual Task i Start-only C Page 1