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R2024-131 2024-09-23RESOLUTION NO. R2024-131 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with IDCUS, Inc., for professional services associated with the Wood Creek Transite Pipe Water Line Replacement Project, in the estimated amount of $309,105.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for professional services associated with the Wood Creek Transite Pipe Water Line Replacement Project, 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 professional services associated with Wood Creek Transite Pipe Water Line Replacement Project PASSED, APPROVED and ADOPTED this the 23rd day of September, A.D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and IDCUS Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Wood Creek Transite Pipe Water Line Replacement ("PROJECT"). (Project #WA2402 Contract# ) 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 provide basic, bid phase, construction phase, and any additional services to the project in reference as stated in the proposal. 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 format. 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. Design 1 of 8 D2. Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E 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 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 snail, 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 Design 2 of 8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end July 23, 2026. 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 (Not to Exceed) $150,630.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): $99,945.00 3. Bid Phase Services (Hourly Not to Exceed) $16,695.00 4. Construction Phase Services (Hourly Not to Exceed) $41,835.00 5. Reimbursable Expenses (Not to Exceed) $0.00 6. Total: $309,105.00 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 Design 3 of 8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E 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. 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 Design 4 of 8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E 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. 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 15915 Katy Freeway, Suite 300 Houston, TX 77094. 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 15t" 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. Design 5 of 8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E 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 6 of 8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E 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. DocuSigned by: �j A 9/24/2024 1 9:48 AM CDT F838B12DC74fi423... CITY OF PEARLAND, TEXAS DATE Larry Janak, PE - IDCUS Inc. 9/8/2024 CONSULTANT DATE Design 7 of 8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E House Bill 89 Verification Larry Janak (Person name), the undersigned representative (hereafter referred to as "Representative") of IDCUS Inc. (company or business name, 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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of`A?, ' " ' 20 : f Kelly Bena My Commission Expires + 7/25/2026 Notary ID 125773723 Notary Public Design 801,8 D2 Revised 04/2019 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E t A IDCUS -A4L PLANNERS ENGINEERS MANAGERS August 22,2024 Jasmine Acero City of Pearland 2016 Old Alvin Rd Pearland,TX 77581 RE: Scope of services and Fee Proposal for Wood Creek Transit Pipe Waterline Replacement City of Wood Creek Project No.WA2402 Dear Ms.Acero, IDCUS Inc. is pleased to present this scope of services and fee proposal for the above referenced project. Project Goal Project WA2402 will replace approximately 4.5 miles (23,760 If) of transit waterline infrastructure, replacement of the sampling station, and install pressure sensors in the Wood Creek subdivision. Project WA2402 is in Wood Creek subdivision with a project area generally bound by Yost Blvd in the Northwest, Washington-Irving Dr in the Northeast, Dixie Farm Rd in the Southeast,and Fm 518 on the Southwest. Existing Conditions Inside Wood Creek Subdivision are existing transite and PVC waterlines.The existing water line diameters are 2-inch,3-inch,and 4-inch. Public works is faced with numerous waterline break repairs in Wood Creek. Existing fire hydrants will be removed and salvaged. New fire hydrants will be placed in accordance with the City's Engineering Design Criteria Manual which will result in improved fire protection for the subdivision. Additionally, IDCUS will make a concerted effort to place fire hydrants in the least objectionable areas to minimize citizen objections during construction. Project Strategies 1. IDCUS expects the proposed water lines will be constructed by both trenchless and open cut methods. The existing water lines will be abandoned in place. Proposed waterlines, and existing utilities will be shown on plans and profiles with a scale of 1"=40' horizontal and 1"=4' vertical. The Plan view drawings will provide the Contractor with information to locate the proposed water lines at proper clearance from the ROW line, other existing utilities, and at a minimum cover specified by the current Engineering Design Criteria Manual (EDCM). 2. IDCUS will perform project coordination & management, preliminary design, final design, preliminary PS&E, Bid Services and Construction Phase Services.The total cost for the above services is: $309,105.00. 15915 Katy Freeway,Suite 300,Houston,Texas 77094•Tel: (713)541-5591 •Fax:(713)541-3501 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E • Page 2 August 22,2024 Project Team Firm Functions IDCUS Civil Engineering, Cost Estimating Traffic Control, Stormwater Pollution Prevention WEISSER Surveying Engineering&Surveying Attachments The following is a list of the attachments that accompany this document. Attachment A Scope of Work Attachment B Fee Summary Attachment C IDCUS Level of Effort Attachment D Project Schedule Attachment E Weisser Engineering&Surveying Proposal We appreciate the opportunity and look forward to a successful project. Please contact me if you have any questions or need additional information. Sincerely, Larry Janak, P.E. President & CEO Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E City of Pearland Wood Creek Transit Waterline Replacement ATTACHMENT A—SCOPE OF WORK I. Project Coordination/Management A. Project Management, Administration, and Invoicing B. Project Coordination with, but not limited to TxDOT, MUD, Utility Owners, and other agencies as necessary within the Project area. C. Project Coordination with Subconsultants i. Coordination with Surveyor D. Project Meetings& Minutes i. Attend up to 5 in person meetings. II. Preliminary Design Phase Services A. General Site Evaluation/Defining Existing Conditions i. Field reconnaissance, site photographs, and review&verify survey work. B. Data Collection i. Attend Design Kick-off meeting with City and collect existing project data. ii. Coordinate with utility companies and permitting agencies. iii. Prepare Utility Conflict Table and discuss objectives of project and adjacent projects. iv. Review City informational resources and make arrangements to obtain these. V. Procure such additional data as required through other services and/or sub consultants. C. Evaluate Existing Public and Private Utilities i. Review supplied data from public and private utility companies. D. Submit for review detailed construction plans at 30% including OPCC. III. Design Phase Services A. Prepare Construction Plans and Specifications i. Submit for review detailed construction plans, full construction documents including project manual, bid form and OPCC at 60%, 90%, & 100%. ii. Provide Traffic Control Plan and SWP3 plans and specifications, if required. iii. Submit plans for City Engineer's signature. iv. Prepare bid set for distribution via the City's e-bid system. B. Cost Estimates i. Submit for review detailed construction cost estimates at 60%, 90%,TRC, & Bid Set. C. Prepare Project Manual i. Submit for review Draft Project Manual which includes bid form & completed "front end documents" at 60%, 90%, and 100%. ii. Final submittal (signed & sealed) at TRC and Bid Set. A comment and resolution log in excel and pdf will be provided for each 60%, 90%, and 100% submittal. 1 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E City of Pearland Wood Creek Transit Waterline Replacement ATTACHMENT A—SCOPE OF WORK IV. Bid Phase Services A. Provide Notice to Bidders (NTB) and list of bid items to the Project Manager in an electronic form appropriate for the e-bid system format. City is responsible for advertising. B. Provide an electronic copy of bid-ready plans to the Project Manager for the e-bid system. C. Chair pre-bid meeting and attend Bid Opening. D. Respond in writing to questions from bidders and prepare addenda, coordinate with Project Manager as necessary. E. Complete bid proposal as supplied by City template. F. Prepare Engineer's Recommendation of Award Letter that includes the following required content: i. Check for math errors and reconcile any mathematical discrepancies. ii. Review for unbalanced bid items. iii. Certified Bid Tabulation including Engineer's estimate. iv. Review of contractor's financial standing and references provided. V. Explanation of discrepancies between the Engineer's estimate and bids. vi. Recommendation to award. G. Attend City Council meeting and recommendation for award of Contract for Construction. H. Produce and transmit to selected contractor four (4) sets of plans and project manuals in hard copy, and one electronic format copy to Project Manager, in a format ready for execution with City's Notice of Intent to Award (NOI). V. Construction Phase Services A. Construction Phase Services i. Attend pre-construction meeting to provide information &answer questions; Engineer to lead meeting, prepare agenda 2 days in advance, and minutes 2 days after meeting. ii. Attend monthly progress meetings (8 meetings)with Construction Manager, Contractor& City of Pearland. iii. Review & accept comments on Construction's submittals, RFIs, RFPs including coordination with Project Manager on Change Directives & Change Orders using the City of Pearland's project management platform. iv. Coordinate with Project Manager&Construction Manager to review progress of work for Substantial Completion; with production of punch list; substantiation that items are completed; and issue both Certificate of Substantial Completion & Final Acceptance. V. Issue letter to City recommending acceptance & release of final payment. vi. Coordinate with Project Manager to produce Record Drawings from Contractor's As-Builts in electronic format& hard copy format to include shape file for GPS location of underground water lines in accordance with the City's Engineering Design Criteria Manual. 2 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E City of Pearland Water 1 TDC.Us Wood Creek Transite Pipe Waterline Replacement ATTACHMENT B- FEE SUMMARY DESIGN SERVICES-IDCUS TASK I: PROJECT COORDINATION/MANAGEMENT $ 10,395.00 TASK II: PRELIMINARY DESIGN PHASE SERVICES $ 39,690.00 TASK III: DESIGN PHASE SERVICES $ 100,545.00 TASK IV: BID PHASE SERVICES $ 16,695.00 TASK V:CONSTRUCTION PHASE SERVICES $ 41,835.00 SUBTOTAL: $ 209,160.00 DESIGN SERVICES-SUBCONSULTANTS TASK VI:SURVEYING BY WEISSER ENGINEERING&SURVEYING, INC. $ 99,945.00 SUBTOTAL: $ 99,945.00 SUMMARY GRAND TOTAL: $ 309,105.00 Note: 1.Without prior approval,the labor rate for the Project will not change. 2.Without prior approval,the grand total cost for the Project will not exceed$309,105.00 8/21/2024 1/1 oc 0 0 0 0 0 oc 0 0 00 00 0 00 p O O O O o p o 0 o O o o O o 0 m 0 0 Lri 0 vi m o 00 00 0 0 0 0 '^o g ui m d o ai �o g H m v �o r, v v v ai o f VI Q1 l0 N M VI V O V U1 N N N V �p JQ O .-I m V O JQ O N N N M m m M Oi M Q0 0 N N Q tn t4 A/� if,� ij,� i/� t/)- N -t4 U o co = oo O o ono m Nrn o co =O O H J S H J S O O OO O O m m � � u N 0 u N a U U vl- V) vi- o o °O o p p s p s c:, 0 0 u u O p O^ U H U aj H m m N tio o o tio O O p a s m o a L m o a) u N u oo O Eb � � mC C W v)- v)- O O O O p O y+ O5 O Oo O 0 W W OM OM N1 ci R G- O O p o o u aJ lD p N aJ 0 oo 0 u aJ 0 0 a) rp � � N lD W rD N 'a) I ci Oo Q1 'S r- lD V V co co co tD oo W n a w c-I 2 w a-I L N R LL LL o o O o o O W O O O O O O d Q LL O aJ O^ O- cn O N O O N d O E r- oo N o I C v co N N tar > W v) w j v) V y LUvi. .n vf• vi. vi. vf• 2 J R 0 0 0 0 F- o o 0 0 �[ tarI� N t n N U tp Nu m N U � � Oto to o o p o o p av v a v v u n N Lei u n N O 'p O W oo .--�ro O� N N O '� l0 V V N W W to ro N O m tD m 14 a- M .y LU U m v > LU o >- O V LC)co NJ _ �LAJ C QJ O '^ Q O LNL 73 W aj tt00 '^ V O rY ti ro w u �^ j Vr u a1 C ; a N w al to LU Q o ° w c > v� '-' o a LO Z c 0 a) N U to U n 'i t°a Oclo o o u o u v N z - = L z Q V = v ' a Y O c j ;° v O S wcL p r>'o f6 u Z O — a a O o a a u on U o V `� O Z O o o6 +� .O m ° pn is U = $ U (7 'v ° w > U w Q ° w Ln a 0° — a Q L O Z E o O N O W 61 v �^ O Q ° a w ¢i d Q > c g .uW W Q O H _ tQ ry Q o_ U E o o y Z m � Y' u ° o i > io is "' c m ,� Y >' c +� tin > CJ N 0 3 O a7 O G > m O O N J LU DD C O w On 3 a= L7 C a O .� N O W +0+ C �n v� a0+ 7 U m O c m U O u v cl) o \ 3 v v v ° � 3 x n > d - ° d F, = o o v N o u u u u m m m U C aJ a+ O > ° '—' fa d m m m a a a a — a � y O W 7 m Y 'o 'o 'o 0 0 n Y w S° s u° a r n- on m E o to tin a m x - O L ri ri ri U ti f6 3 •� .�, U' ". 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I. SCOPE OF SERVICES Weisser Engineering& Surveying will provide the following services ("Services")to Client: 1) A Topographic Survey of approximately 4.5 miles (23,760 Linear Feet) of Transite water line as shown on attached exhibit. The Topographic Survey will include Horizontal and Vertical location of site improvements (paving, structures, fences, etc.), visible utilities with rim and flowline elevations within the project limits, tops, toes, and flowlines of ditches and swales, and spot elevations at intervals sufficient to show site topography.A Texas One-Call will be placed and any response,or plans,received will be sent to Client to incorporate into Survey. Deliverable will include an AutoCAD file for Topographic Survey only. Cost does not include any Paper or PDF deliverable. Client will provide Site Access or Contact for Site Access. HOURLY NOT-TO-EXCEED COST: $99,945.00 (See Attached Rate Schedule) 2-Person Crew 220 hrs @$145/hr $31,900.00 Field Crew Coordinator 24 brs @$105/hr $ 2,520.00 Survey Technician 128 hrs @$110/hr $14,080.00 CADD Operator 280 hrs @$95/hr $26,600.00 RPLS/Sr.Project Manager 60 hrs @$160/hr $ 9,600.00 Clerical 9 hrs @$65/hr $ 585.00 Aerial Photogrammetry $14,660.00 II. TERMS AND CONDITIONS 1. This Agreement may only be modified by a writing acknowledging agreement of modification by both parties. Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E 2. The Responsible Parry signing this Agreement agrees to be fully responsible for the timely and complete payment for Services within thirty(30)days of invoicing.Any requests for modification of this provision must be signed by an officer or department director of Weisser Engineering& Surveying. 3. Weisser Engineering&Surveying is an independent contractor.Nothing in this Agreement forms a partnership,joint venture,employment,franchise,master-servant,or agency relationship between Client and Weisser Engineering&Surveying. 4. WEISSER ENGINEERING&SURVEYING SHALL ONLY BE LIABLE FOR DAMAGE OR LOSS TO ANY PERSON OR PROPERTY TO THE EXTENT SUCH DAMAGE OR LOSS IS CAUSED BY WEISSER ENGINEERING&SURVEYING'S NEGLIGENT ACT OR OMISSION IN CONNECTION WITH THE SERVICES.WEISSER ENGINEERING&SURVEYING'S LIABILITY TO CLIENT OR ANY OTHER PARTY FOR CLAIMS OF ANY KIND,WHETHER BASED ON CONTRACT OR TORT OR OTHERWISE RELATING TO THIS AGREEMENT, SHALL NOT EXCEED THE COMPENSATION PAID OR OWED TO WEISSER ENGINEERING & SURVEYING FOR SERVICES UNDER THIS AGREEMENT. 5. Client shall not solicit Weisser Engineering&Surveying employees for purposes of employment during the course of the Agreement or for a period of twelve(12)months thereafter. Client acknowledges and agrees that breach of this provision may result in irreparable and continuing damage to Weisser Engineering&Surveying,for which there would be no adequate remedy at law,and that,in the event of such breach,Weisser Engineering&Surveying may be entitled to equitable or injunctive relief and/or a decree for specific performance,in addition to all such other and further relief as may be available at law,in equity,or otherwise. 6. Upon request,Weisser Engineering&Surveying may make electronic files of its CAD drawings available to Client on an"as is"basis for informational purposes only that may not be relied upon for any other purpose.ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ELECTRONIC FILES ARE DISCLAIMED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. Since revisions or additions to design file drawings may occur at any time,Client agrees to indemnify, defend and hold harmless Weisser Engineering&Surveying,its officers,directors,agents,shareholders, and employees from and against any and all claims,suits,losses,damages or costs,including reasonable attorney's fees,arising from the use of outdated or amended design file drawings by Client or any third party,and such indemnification shall survive acceptance of said file(s)by Client or the termination of this Agreement.Client promises to notify any third parry that the third party may not reasonably rely on electronic files,drawings,or documents not directly provided to such third party by Weisser Engineering & Surveying. 7. This Agreement shall be deemed entered into in Texas and shall be governed by and construed and interpreted in accordance with the laws of the State of Texas,without reference to any rules of conflict of laws.Venue shall be in Houston,Harris County,Texas. 8. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceability shall not affect any other provisions,and the Agreement shall be construed as if such invalid,illegal,or unenforceable provision had never been contained in it. 9. This Agreement may be executed by facsimile or scanned and electronically transferred signatures.A copy of this Agreement bearing such a signature or signatures shall have the same force and effect as an original agreement with inked original signatures.Once signed,any reproduction of this Agreement made by reliable means(e.g.,photocopy,scan,facsimile)is considered an original. 10. Client's failure to sign and return this Agreement to Weisser Engineering&Surveying within fifteen (15)days of Effective Date renders the Agreement voidable by Weisser Engineering&Surveying. 11. Notwithstanding anything to the contrary in this Agreement or any other ancillary documents,Weisser Engineering&Surveying shall not be responsible for delays caused by factors beyond Weisser Engineering&Surveying's reasonable control,including but not limited to delays because of strikes, lockouts,work slowdowns or stoppages,government ordered industry shutdowns,power or server 19500 Park Row,Suite 100 i Houston,Texas 77084 i P.O.Box 380 i Barker,Texas 77413 i Phone(281)579-7300 i Fax(281)828-0055 i www.weissereng.com TBPELS Surveying Reg.No.10194324 1 TBPELS Engineering Reg.No.F-68 Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E outages,acts of nature,widespread infectious disease outbreaks(including,but not limited to epidemics and pandemics),failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of Weisser Engineering& Surveying's services or work product,or delays caused by faulty performance by the Client or by contractors of any level.When such delays beyond Weisser Engineering&Surveying's reasonable control occur,Client agrees that Weisser Engineering&Surveying shall not be responsible for damages, nor shall Weisser Engineering&Surveying be deemed in default of this Agreement or any other agreement. We appreciate the opportunity to provide this proposal. If you have any questions or comments,please do not hesitate to contact John Harvill,RPLS Oharvillkweissereng com). The Client,by signing below,represents that he or she has the authority to enter into this Agreement,agrees to the terms and conditions in this Agreement,is willing to be the Responsible Party,promises to pay the invoiced amount within thirty(30)days of invoicing,and authorizes Weisser Engineering& Surveying to proceed with the Services as described above. CLIENT WEISSER ENGINEERING&SURVEYING IDCUS By: By: jc�s—� Printed Name: Larry Janak, PE Printed Name: Ta lorR. Sass Title: Principal & CEO Title: President&CEO Date of Acceptance: 9/8/2024 Date of Acceptance: 03/22/2024 19500 Park Row,Suite 100 i Houston,Texas 77084 i P.O.Box 380 i Barker,Texas 77413 i Phone(281)579-7300 i Fax(281)828-0055 i www.weissereng.com TBPELS Surveying Reg.No.10194324 1 TBPELS Engineering Reg.No.F-68 , �i P � • w a s � r+jU �1.P m; O` \a^ � � `6 �•� fir' ,�' "0 ° ' �' r'•+ ♦ .. � �, 3 f 0 �- t a�. { ♦ ® l M1. IWO sitAl .,y r • I° �, Al l � 4 • k cb G� � ; a• _ ,. yy IT:- ' ;✓ �• �`Jy a � � w�.,p[,�a�t�'Y�,fit '� `�t a� �,s y• � �r } �-�;; yr; - °';• ` 'a. ti Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E I DC UI N C-01 TXMSOSA ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 6/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AssuredPartners Austin PHONE FAX 1120 S Capital of Texas Hwy (A/C,No,Ext):(512)328-7676 (AIC,No): Bldg 3,Suite 300 ADDRESS: Austin,TX 78746 INSURERS AFFORDING COVERAGE NAIC# INSURER A:The Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B:Travelers Property Casualty Company of America(The) 25674 IDCUS Inc INSURER C:Phoenix Insurance Company The 25623 15915 Katy Freeway Suite 300 INSURER D:Great Midwest Insurance Co Houston,TX 77094 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F;%/-] OCCUR 6806K2834272447 2/6/2024 2/6/2025 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �X JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO 6806K2834272447 2/6/2024 2/6/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED Ix NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CUP6K2834392447 2/6/2024 2/6/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN UB1N3072922447G 2/6/2024 2/6/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liab AE-GM-0000329-01 10/24/2023 10/24/2024 Each Claim 2,000,000 D Professional Liab AE-GM-0000329-01 10/24/2023 10/24/2024 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS[VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 2016 Old Alvin Rd. Pearland,TX 77581 AUTHORIZED REPRESENTATIVE K90 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID:A1DE33AC-1466-425A-95EE-F25A53E64C5E CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1177809 IDCUS Inc. Houston, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/19/2024 being filed. City of Pearland Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. WA2402 Wood Creek Waterline Replacement Project Nature of interest 4 Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Larry Janak and my date of birth is August 6, 1950 My address is 19215 Cohen Green Ln. Houston TX 77094 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas on the 19thday of June 2024 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.078aba0