R-2016-208 2016-11-14RESOLUTION NO. R2016-208
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
Pearland Economic Development Corporation expenditure of $654,900 with
Clark Condon Associates, Inc., for implementation of the SH 35 Gateway and
Corridor Enhancement Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain expenditure by the PEDC with Clark Condon Associates, Inc., is
hereby authorized and approved.
PASSED. APPROVED and ADOPTED this the 14th day of November. A.D.. 2016.
ATTEST:
/ 1f.
44, NG LO" -4 ING, TR
Y SEC V' TARY
APPROVED AS TO FORM:
-Crc„
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the Pearland Economic
Development Corporation ("PEDC") and Clark Condon Associates, Inc. ("CONSULTANT").
The PEDC engages the CONSULTANT to perform professional services for a project known and
described as State Hwy 35 Gateway & Corridor Enhancements.
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to PEDC 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 work to develop preliminary design drawings,
final construction documents and technical specifications for bidding of the SH 35
Gateway & Corridor Enhancement project, including entryway and strcetscapes for
the following intersections: northern area, Knapp, McHard, Orange, and Broadway.
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 PEDC (through its City of Pearland
employee handbook) considers the following to be misconduct that is grounds for
termination of a PEDC or 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,
embezzlernent, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the PEDC. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a PEDC
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 PEDC 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 PEDC 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 PEDC
upon request, shall become subject to the Open Records Laws of this State.
Design 1 of D1. Revised 2/10
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 S1,000,000 for
injury or death of any one person, S1,000,000 for each occurrence, and
S I ,000,000 for property damage.
The CONSULTANT shall include the PEDC as an additional insured under the
policies, with the exception of the Professional Liability insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the PEDC 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 PEDC and only after the PEDC has been provided with written notice of such
Change in Coverage, such notice to be sent to the PEDC either by hand delivery to
the PEDC President or by certified mail, return receipt requested, and received by
the PEDC 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 PEDC 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.
Design 2 orb DI Revised 2:10
G. The CONSULTANT shall indemnify and hold the PEDC, 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 PEDC.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon successful completion of
approved deliverables as outlined on the attached SCOPE OF WORK and PROJECT schedule.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is monthly based on the portion of
the total estimated fee. Total compensation for the services performed shall be the
sum of $654,900 and include reimbursable expenses at cost plus 10%.
B. The PEDC shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT.
C. The PEDC shall make paymcnts to the CONSULTANT within thirty (30) days after
receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly
basis.
SECTION IV - THE PEDC'S RESPONSIBILITIES
A. The PEDC shall designate a project manager during the term of this CONTRACT
who may be a staff member of the City of Pearland. 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 PEDC on any aspect of the work shall be directed to the project manager.
B. The PEDC 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 PEDC will keep the
CONSULTANT advised concerning the progress of the PEDC'S review of the
Design 3 of 6 Dl Revised 2/10
work. The CONSULTANT agrees that thc PEDC'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 PEDC.
SECTION V - TERMINATION
A. The PEDC, 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 10401 Stella Link Road, Houston, Texas 77025.
Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is tcrminatcd, CONSULTANT shall deliver to the PEDC 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 PEDC on or before thc 15`h day following termination of the
CONTRACT.
C. In thc event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of tennination. The PEDC shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the PEDC 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 fcc 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
Scopc of Work.
E. In the event this CONTRACT is terminated, the PEDC shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
Dcsign -1 of 6 D I . Revised 2/10
F. If the PEDC terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the PEDC 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.
Thc prevailing party in thc 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 PEDC 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 thc dispute by mediation of a third
party who will be selected by agreement of the parties.
SECTION VI — ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the PEDC and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrumcnt signed by both parties.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
Thc CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for thc 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 PEDC 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.
Design 5e[6 D1. Revised2 10
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this/ L' day 0fPecs' OI6.
EARLAND ECONOMIC
DEVELOPMENT CORPORATION
CONSULTANT
Clark Condon Associates, Inc.
Design 6 of 6 DI . Revised 2/I0
October 11, 2016
Matt Buchanan
Pearland EDC
1200 Pearland Parkway #200
Pearland, TX 77581
RE: State Highway 35 Improvements
Dear Matt:
CLARK CONDON
10401 STELLA LINK ROAD
HOUSTON, TEXAS 77025
713.871.1414 713.871.0888
CLARKCONDON.COM
I am pleased to make this proposal for landscape architectural design associated with landscape beautification improvements
on Highway 35. For the purposes of this proposal, you will be referred to as the Client and Clark Condon Associates, Inc. as
the Landscape Architect.
OVERALL SCOPE OF WORK — The Landscape Architect will prepare design plans and bid documents for SH 35
Beautification based on the approved Master Plan. The extent of the work is approximately 2.5 miles from Beltway 8 to just
south of FM 518. Scope will also include survey, civil and hydraulic studies. The construction budget is $5.67 million.
SURVEY SCOPE —
1. Right-of-way verification: Utilizing a recent title report (provided by the Client) detailing property encumbrances of
record, located recoverable property corners and show location of right-of-way lines. The production of a boundary
survey is not included as part of the scope.
2. Improvement survey: Secure topographic data of project area. Facilities to be identified include drainage facilities,
visible utilities, trees and landscaping from the back of the curb to the right-of-way line on both sides of the State
Highway 35 right-of-way. The topographic survey will not include detailing of the existing curb and gutter roadway,
except for the three median locations where landscaping is to be installed per the attached exhibit.
DESIGN DEVELOPMENT - The Design Development will be based on the approved Master Plan concept. During this phase,
the Landscape Architect will refine the design and budgets. Design Development plans will depict actual materials, sizes and
locations of all landscape elements. fine grading. irrigation, landscape, fencing, gateways and pavers modifications. Services
to be provided in this phase include:
1. Design Development will be developed on base plans created from new survey obtained through this project scope.
2. Materials selection for all landscape elements and hardscape elements.
3. Cost estimates based on Design Development plans.
4. Attendance at Client meetings.
5. Coordination and review with TxDOT.
6. Presentations to Client.
7. Hydraulic and Hydrology studies: Prepare an analysis of the impacts to the existing drainage system related to the
proposed improvements.
CONSTRUCTION DOCUMENTS - The Construction Documents phase will be initiated after the Client's approval of the
Design Development Drawings. The Landscape Architect will prepare the Construction Documents and Technical
Specifications for public bidding of the project. Services to be provided in this phase include:
1. Layout and Construction plans showing all improvements as approved in Design Development.
2. Planting plans including all tree, shrub, vine and groundcover selections for all locations.
3. Prepare irrigation plans including specifications, identification, location and sizing of the irrigation system and its
component parts.
4. MEP engineering to coordinate power drop locations for irrigation and gateways.
5. Sidewalk layout and details.
landscape architecture
CLARK CONDON
6. Gateway markers (2) located at Clear Creek and modified gateways at the 518 intersection.
7. Details for all landscape materials with specifications as required for proper construction, installation or finishing of all
landscape components.
8. Specifications in MasterSpec Format. Front end documents to be provided by Client.
9. Drainage Plans: Utilizing the results of the H&H studies, prepare plans for the proposed modifications to the existing
drainage facilities. This scope of services does not include the preparation of plans for relocation or modification of
existing utility lines or private driveways situated along the project corridor.
10. Submit plans to TxDOT, Harris County Flood Control District and Brazoria County Drainage District No. 4 review
and/or approvals. Note: Acquisition of permits by this firm is not included in this scope of services.
11. Prepare traffic control plan showing suggested traffic management installations for directing vehicular traffic through
the construction zone utilizing a temporary, single -lane closure of SH 35 during construction activities.
12. SWPPP: Prepare erosion control plan showing suggested best management practices for filtering of storm water
runoff during construction activities.
13. Final construction estimate to include unit costs at current construction dollars.
CONSTRUCTION ADMINISTRATION - The Landscape Architect will provide Construction Administration for the project.
Services to be provided in this phase include:
�. Periodic visits (a total of 30 visits to the site have been included as part of this phase) to observe the progress and
review quality of construction and to insure compliance with the Construction Documents of the design as indicated
on the drawings.
2. Prepare elementary and supplementary sketches required to resolve field conditions related to design.
3. Approve submittals and shop drawings submitted by contractors for conformance with the design concept.
4. Tag and inspect plant materials, pre -delivery and on-site to assure conformance with plans and specifications, if
necessary.
5. The Landscape Architect shall make periodic site visits to determine if the project is proceeding in accordance with
the contract documents. This shall not involve exhaustive or continuous on-site inspections to check the quality or
quantity of work or materials. The consulting team shall not be responsible or liable for the Contractor's failure to
perform the construction work in accordance with the contract documents.
6. The Landscape Architect will review and approve all certificates for payment submitted by the contractor.
7. The Landscape Architect will review change orders prepared by Contractor.
8. Coordinate final site walk through with the Client at the conclusion and provide a punch list to Contractor to complete
the project.
BIDDING - After completion and approval of the Construction Documents, the Landscape Architect will assist the Client in
bidding the package drawings out for public bid. Services shall include the following:
1. Advertisement of the bid in a daily/weekly publication.
2. Conduct pre-bid meeting.
3. Preparation of addenda as necessary.
4. Evaluate bids and make recommendations for contracts.
5. Prepare contracts for execution.
landscape architecture
CLARK CONDON
FEE - The total fee for this project is a lump sum based upon the estimated time for professional services as outlined below,
plus reimbursable expenses.
Basic Services
Design Development $180,875.00
Construction Documents $262.125.00
Bidding $10.000.00
Construction Administration' $65.000.00
TOTAL $518,000.00
Allowances
Boundary Survey
Improvement Survey
Hydraulic & Hydrology
$28.700.00
$49,200.00
$49,000.00
'Construction Administration will be billed hourly to this maximum.
Clark Condon's Staff Hour Projections:
Phase
Design Development
Construction Documents
Principal
Bidding
100
125
12
Senior
Associate
150
250
6
Project
Manager
102
Asst. Project
Manager
200
Project Staff
54
400
6
132
Construction Administration
18
126
94
144
600
800
174
235
We consider chargeable revisions to include changes made after a phase of work has been accepted and we have been
authorized by the Client to proceed to the next phase.
REIMBURSABLE EXPENSES - The Client shall pay the Landscape Architect for the cost of out of town travel expenses,
mileage, printing and other directly related costs. All expenses will be billed at cost plus 10%.
EXCLUSIONS TO THE CONTRACT
1. Boundary surveys.
2. Soil engineering, geotechnical consultant services or related testing, if required.
EXTRA SERVICES - Additional services. if requested by the Client, will be considered as extra services and be billed hourly
at the rates listed below.
Principal/Owner $350.00/hour
Principal $225.00/hour
Senior Associate $150.00/hour
Project Manager $125.00/hour
Assistant Project Manager $100.00/hour
Project Staff $90.00/hour
Administrative $75.00/hour
BILLING - Billing shall be monthly based on the portion of the total estimated fee. Invoices shall be due upon receipt. Clark
Condon Associates, Inc. reserves the right to charge the amount of interest allowable under the current laws of the State of
Texas on any invoices not paid within thirty (30) days.
landscape architecture
CLARK CONDON
JURISDICTION — The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional
practices of persons registered as landscape architects in Texas. The Board may be reached at the following address:
Texas Board of Architectural Examiners
P.O. Box 12337 Austin, TX 78711-2337
(512) 305-9000 — Phone / (512) 305-8900
TERMINATION - If the Client should decide to terminate this Agreement, he shall give Clark Condon Associates, Inc. seven
(7) days written notice and shall pay for all services rendered to the date of termination. Clark Condon Associates, Inc.
reserves the right to terminate this contract upon fifteen (15) days notice if any amount billed to client is sixty days past due.
If this Agreement meets with your approval, please sign in the appropriate place below and return one copy to us. I appreciate
the opportunity to submit this proposal to you and look forward to working with you.
Sincerely.
Sheila M. Condon FASLA
President / Landscape Architect
APPROVED DATE
landscape architecture
Pearland SH 35 Improvements
10/10/2016
CCA
Weisser
SE
Graphics
MEP
TOTALS
DD
$152,715.00
$19,160.00
$9,000.00
$180,875.00
CDs
$211,355.00
$27,770.00
$5,000.00
$13,000.00
$5,000.00
$262,125.00
Bidding
$10,000.00
$10,000.00
CA
$51,160.00
$13,840.00
$65,000.00
Boundary Survey
$700.00
$28,000.00
$28,700.00
Improvement Survey
$2,000.00
$47,200.00
$49,200.00
Hydraulic/Hydrology
$2,260.00
$46,740.00
$49,000.00
TOTALS
$430,190.00
$182,710.00
$5,000.00
$22,000.00
$5,000.00
$644,900.00
�.. 5engineei my
3535 MorpurK D+. i1210. Houston TX 77042 I b32-8001413 ; 1'R_.01__2015.12.11
September 28, 2016
Mr. Jim Peyton, PE, RPIS
Weisser Engineering Co.
19500 Pork Row, Suite 100
Hous' TX 77084
Re: Impact Analysis for Pearland EDC - Landscaping of SH 35
Dear Mr Peyton:
5engirieering. ilc (5e) is pleased to offer our services in performing an impact analysis for the
drainage improvements associated with the landscaping of the SH 35 corridor from Beltway 8 to
East Walnut. 1 he project will include sizing and modeling possible improvements in the project
corridor to satisfy requirements by the City of Peartand. Brazoria Drainage District No. 4. Harris
County Flood Control District and the Texas Department of Transportation.
BASIC SCOPE OF SERVICES
The following is the basic scope of services:
Develop Peak Flows - We will delineate drainage areas and develop contributory peak flows to
he used in the hydraulic modeling. The existing and proposed drainage areas will be the same
for existing and proposed conditions.
Hydraulic Modeling - We will develop HEC -RAS models 10( the existing roadside ditches between
Beltway 8 and East Walnut. Three streams are crossed within the project limits: Clear Creek,
Hickory Slough and an unnamed tributary to Clear Creek. The peak flows will be distributed in
the models to establish existing conditions water surface elevations (WSEs) along SH 35, For
proposed conditions. these revised existing models will be updated to reflect the landscaping
and possible culverts
The deliverable for this task will be a drainage impact analysis to be submitted to the relevant
reviewing entities.
Exclusions:
1. this scope of services does not include detention analysis. The preliminary landscape
pions do not indicate that any additional impervious areas are proposed as part of this.
5engineerhg
3535 Briarpark Dr. #210, Houston TX 77042 1 832-800-3483 1 RateSheet_Effective_2016.09.16.docx
RATE SHEET
Effective: September 16, 2016
Range of Billing Rates
Description
Minimum
Maximum
Average
Principal (PR)
$230
$270
$250
Business Manager (BM)
$210
$250
$230
Senior Project Manager (SPM)
$185
$225
$205
Project Manager (PM)
$155
$195
$175
Senior Project Engineer (SPE)
$140
$180
$160
Project Engineer (PE)
$125
$165
$145
Graduate Engineer (GE)
$1 10
$160
$135
Engineer -in -Training (EIT)
$100
$130
$1 15
Senior GIS Developer (SGD)
$140
$160
$150
GIS Developer (GD)
$120
$140
$130
Senior GIS Analyst (SGA)
$105
$125
$115
GIS Analyst (GA)
$90
$1 10
$100
Senior Designer (SD)
$100
$120
$1 10
Designer (D)
$85
$105
$95
CADD Technician/Drafter (CAD)
$65
$85
$75
Administrative Assistant (ADM)
$60
$80
$70
Secretary (SEC)
$45
$65
$55
Intern (INT)
$40
$60
$50
OWEISSEIZ
Engineering Co.
19500 Park Row, Suite 100 • Houston, Texas 77084
P.O. Box 219315 • Houston, Texas 77218
Phone (281) 579-7300 • Fax (281) 828-0055
TBPLS Reg No. 100518-00
TBPE Reg No F-68
October 10, 2016
Clark Condon Landscape Architecture
10401 Stella Link Road
Houston, Texas 77025
Attn: Mr. Jason Miller, PLA, ASLA LFFD AP
Principal Owner
Dear Mr. Miller:
VIA ELECTRONIC MAIL
jmiller@clarkcondon.com
(713) 871-1414
In accordance with your request, Weisser Engineering Co. Inc., is submitting our revised proposal to provide
certain civil engineering and land surveying services in connection with the planned corridor improvements to
State Highway 35 from Beltway 8 to Broadway Street in Houston, Harris County and Pearland, Brazoria
County, Texas.
PROJECT OVERVIEW
The project consists of new landscape and streetscape improvements along an approximately 2.7 mile corridor
situated within TxDOT's SH 35 right-of-way.
SCOPE OF SERVICES
Basic Services to be provided by this firm would consist of the following description of a limited topographic
survey of the corridor, hydraulic and hydrology studies to determine impacts to the drainage system along the
corridor, and plans for modifications to existing drainage facilities needed for implementation of the proposed
improvements.
Right-of-way verification: Utilizing a recent title report (provided by the client) detailing property
encumbrances of record. locate recoverable property corners and show location of street rights-of-
way. Note: The production of a boundary survey is not included as part of the herein -described scope
of services.
Improvement survey: Secure topographic data of the areas to be modified for streetscape
improvements. Specific topographic features to be identified include drainage facilities, visible utilities,
trees and landscaping from the back of the curb to the right-of-way line on both sides of the State
Highway 35 right-of-way. Note: The topographic survey will not include detailing of the existing curb
and gutter roadway, except for the median locations where landscaping is to be installed.
3. Hydraulic and Hydrology Studies: Utilizing the services of a sub -consultant, prepare an analysis of
the impacts to the existing drainage system related to the proposed improvements.
Drainage Plans: Utilizing the results of the li&H studies, prepare plans for the proposed modifications
to the existing drainage facilities. Note: This scope of services does not include the preparation of
plans for relocation or modification of existing utility lines or private driveways situated along the
project corridor.
October 10, 2016
Clark Condon l Landscape Architecture
Mr. Jason Miller, PLA. ASLA LEED AP
Agency Approvals: Submit plans prepared by this firm for TxDOT, Harris County Flood Control
District and Brazoria County Drainage District No. 4 review and/or approvals. Note: Acquisition of
permits by this firm is not included in this scope of services.
6. Traffic Control Plans: Prepare traffic control plan showing suggested traffic management installations
for directing vehicular traffic through the construction zone utilizing a temporary, single -lane closure of
SH 35 during construction activities.
SWPPP: Prepare erosion control plan showing suggested hest management practices for filtering of
storm water runoff during construction activities.
8. Reimbursable expenses: Expenses such as agency review fees, mileage, reproduction cost, delivery
services fees, etc., would be invoiced at cost plus ten percent (10%).
Additional Services (if authorized) to be provided by this firm would consist of the following:
9. Plan & Profile Drawing: If necessary, prepare plans for private landscape irrigation connection to
proposed facilities to be situated in existing medians within the public right-of-way. Submit for
necessary TxDOT review and/or approvals.
10. Construction Phase Services: AU services performed after receipt of the permit are considered
construction phase services. This may include, but not he limited to, review of submittals, site visits,
project meetings, or punch lists requested by the owner, client or architect.
For purposes of clarity, the following is a list of services that are not a part of this proposal:
A. Easement descriptions and exhibits.
B. Geotechnical investigations and testing and environmental site assessments.
C. Subdivision plats.
D. Boundary surveys, construction staking and post -improvement surveys.
E. Preparation of plans for relocation of utility lines.
F. Design or modification of wet utilities (potable water, fire line, sanitary sewer, etc.)
G. Design or modification of dry utilities (gas, electric, telephone, etc.)
H. Structural engineering design of retaining walls, landscaping walls or similar structures.
I. Project site representatives.
1 Design of trench safety systems or fire lanes,
K. Processing of contractor pay applications, etc.
L. Major revisions to drawings necessitated by changes required by owner or client after substantial
completion of the plans.
M. Notices of intent or termination related to stormwater regulations.
N. Preparation of stormwater quality plans or floodplain mitigation plans.
O. Participation in the payment of costs (plan revisions, permit fees, change order, etc.) incurred by the
owner or client as a result of changes required by agencies having jurisdiction over the project after
approval of the plans by those agencies.
P. Preparation of plans for modifications to roadway lighting or signage.
Q. 'Front end" project bidding documents (bid form, request for bids, and notices to contractors. etc.)
R. Preparation of plans for modification of existing or new driveway facilities or acquisition of driveway
permits.
S. Preparation of dimension site plans or site demolition plans.
T. Preparation of plans for landscape or irrigation facilities, except per Item 9, if necessary.
19500 Park Row, Suite 100 • Houston, Texas 77084 • P.O. pox 219315 • Houston, Texas 77218 • Phone (281) 579-7300 • Fax (281) 828-0055
October 10, 2016
Clark Condon 1 Landscape Arch•tecture
Mr. Jason Mille', PLA, ASLA LFED AP
U. Acquisition of commitments for water and/or wastewater capacities.
V. Contingencies.
COMPENSATION
The requested fees, budget for reimbursable expenses and basis for invoicing of the above-described services
are as follows:
Basic Services
Boundary verification (Item 1)
Improvement survey (Item 2)
H&I i studies (Item 3)
Engineering services (Items 4 thru 7)
Reimbursable Expenses (Item 8)
Additional Services (Items 9 & 10)
Lump sum
Lump sum
Lump sum
Lump sum
Cost plus 10%
As authorized
TOTAL recommended budget for all services listed: $183,810.00
$28,000.00'
$47,200.00
$46,740.00
$46,930.00
$1,100.00
$13,840.00
'It is Weisser's understanding that the boundary services will be provided to Clark Condon I Landscape
Architecture on behalf of the Pearland EDC, a tax-exempt entity. Therefore, sales tax is not included in the
fees indicated above.
The above listing represents our understanding of the scope of services to be provided. Should Additional
Services be identified during the course of the project. those services would be considered extra services and
billed at our current hourly rates as a percentage of the budgeted amounts. We will bill monthly for Basic
Services and Reimbursable Expenses as a percentage of the budgeted amounts.
As you consider your needs for land surveying and civil engineering services related to the subject project, we thank -
you for considering Weisser Engineering Company, lnc. If this proposal is satisfactory, please indicate your
acceptance and authorization to proceed in the space provided and return one copy to this office.
If you have any questions or require additional information, please contact me at 281-579-7300.
Sincerely,
Weisser Engineering Company, Inc.
Jrrs C.\f eyton, PE. RPLS
[e5ts Reg. #100518-00
TBPE Reg. #F-68
ACCEPTANCE & AUTHORIZATION
This Agreement is entered into (1) pursuant to the terms of the Agreement and the Terms and Conditions herein, or
(2) if an Agreement is not currently in effect, then in accordance with the Terms and Conditions herein, by and
between Weisser Engineering Company, Inc.. a Texas corporation ("WEC') and the Authorizing Contractor named
below. WEC agrees to perform the above-described Services for Authorizing Contractor pursuant to the terms,
conditions and provisions of the Agreement, if applicable, and this Contract. Authorizing Contractor promises to pay
each of WEC's invoices within thirty (30) clays of receipt of invoice.
19500 Park Raw, Suite 100 • Houston. Texas 77084 • P.0 Box 219315 • Houston. Texas 77218 • Phone (281) 579-7300 • Fax (281) 828-0055
October 10, 2016
Clark Condon 1 Landscape Architecture
Mr. Jason Miller, PLA, ASLA LEFD AP
By signing below, Authorizing Contractor affirms that the individual signing below has the requisite authority to
authorize the commitment described herein, agrees to be legally bound by the terms herein, and that this Agreement
is by reference hereby made part of the Agreement currently in effect, if applicable. WEC'S LIABILITY TO
AUTHORIZING CONTRACTOR FOR CLAIMS OF ANY KIND, WHETHER BASED IN CONTRACT OR TORT OR
OTHERWISE RELATING TO THIS INTERIM CONTRACT, SHALL NOT EXCEED THE COMPENSATION PAID
OR OWED TO WEC FOR SERVICES UNDER THIS AGREEMENT. In no event shall WEC be liable to Authorizing
Contractor for any unrealized costs, anticipated profits, or any other consequential damages.
Agreed to and accepted by
AUTHORIZING CONTRACTOR
Company Name:
By:
Printed Name:
Title:
19500 Perk Row. Suite 100 • Houston, Texas 77084 • P.O Box 219315 • Houston, Texas 77218 . Phone (281) 579-7300 • Fax (281) 578-0055
WEISSER
Engineering Co.
19500 Park Row. Suite 100 • Houston, Texas 77084
P.O. Box 219315 • Houston. Texas 77218
Phone (281) 579-7300 • Fax (281) 828-0055
CONFIDENTIAL / PROPRIETARY INFORMATION
CLARK CONDON 1 LANDSCAPE ARCHITECTURE HOURLY RATE SCHEDULE
EFFECTIVE 01/01/2016
2 PERSON SURVEY CREW 5135.00 /HR
3 PERSON SURVEY CREW 5160.00 /HR
CADD DESIGN TECHNICIAN 590.00 /HR
CADD OPERATOR/ DRAFTER 585.00 /}IR
CIVIL ENGINEER 5135.00 /HR
CLERK/ CLERICAL 555.00 /HR
CONSTRUCTION INSPECTOR 5100.00 /HR
CONSTRUCTION MANAGER 5145.00 /HR
CONSULTING ENGINEER (PE) 5145.00 IHR
DESIGN DRAFTSPERSON 590.00 /HR
DESIGN/ PROJECT ENGINEER 5130.00 /HR
DRAFTSPERSON (BOARD) 585.00 /HR
ENGINEERING TECHNICIAN 5100.00 /HR
EXPERT WITNESS 5300.00 /HR
FIELD COORDINATOR 590.00 /HR
FIELD ENGINEER 590.00 /HR
HSE COMPLIANCE COORDINATOR 580.00 /HR
HSE COMPLIANCE MANAGER 5120.00 /HR
INSPECTOR/ FIELD REPRESENTATIVE 5130.00 /HR
JUNIOR ENGINEER 590.00 /HR
PRINCIPAL 5175.00 /HR
PROJECT MANAGER 5135.00 /HR
PROJECT SUPERVISOR 5125.00 IHR
RECORDS RESEARCHER 575.00 /HR
RIGHT OF WAY AGENT 595.00 MR
REGISTERED PROFESSIONAL LAND SURVEYOR (RPLS) 5145.00 /HR
SENIOR RIGHT OF WAY AGENT 5110.00 /HR
STRUCTURAL ENGINEER 5140.00 /HR
SURVEY TECHNICIAN 5100.00 /HR
SURVEY/ PROJECT MANAGER 5135.00 /HR
GPS EQUIPMENT 530.00 /FIR
WEISSER ENGINEERING COMPANY, INC. RATE SCHEDULE
TBPLS REG. No. 100518-00
TBPE t!G. No. F48
PAGE 1 Of 2
WEISSER
Engineering Co.
19500 Parc Row, Suite 100 • Houston. Texas 77084
P.O. Box 219315 • Houston, Texas 77218
Phone (2B1) 579-7300 • Fax (281) 828-0055
GROUND PENETRATING RADAR (GPR) SI20.00 /DAY
DIGITAL FIELD SCANNING, EQUIPMENT 5600.00 /DAY
SCANNER (OFFICE) S110.00 /HR
AERIAL DIGITAL DRONE 5100.00 /DAY
MILEAGE 50.50 /MILE
DELIVERY EXPENSE: FEDEX S45.00 EACH
DELIVERY EXPENSE: LONE STAR (TX AND OK ONLY) 545.00 EACH
DELIVERY EXPENSE: IN-HOUSE DELIVERY 550.00 EACH
CONSULTANT (OUTSIDE FIRM) COST +15%
TRAVEL, REASONABLE OUT OF TOWN EXPENSE FOR
TRANSPORTATION, LODGING AND MEALS WITH COST +15%
PRIOR APPROVAL AND RECEIPTS
ALL -TERRAIN VEHICLE WITH TRAILER 575.00 /DAY
BOAT 5200.00 /DAY
RENTED SPECIALIZED EQUIPMENT COST +15%
MATERIAL TESTING COST +15%
RATES MAY BE SUBJECT TO ANNUAL INCREASE
ALL HOURLY RATES SHOWN ARE PORTAL-TO-PORTAL AND ARE INCLUSIVE OF THE NORMAL
AND CUSTOMARY VEHICLES AND BASIC EQUIPMENT REQUIRED TO PERFORM THE SERVICES,
EXCEPT AS LISTED HEREIN AS A SPECIFIC LINE -ITEM CHARGE.
OVERTIME RATES (AS APPLICABLE AND AUTHORIZED IN ADVANCE BY CLIENT) ARE
CALCULATED AT 1.3 TIMES THE LISTED HOURLY RATE.
This information is provided by Weisser Engineering Company for Clark Condon 1 Landscape
Architecture's use in connection with the accompanying proposal for services. By receipt of this
information you agree to hold this information in strictest confidence. Any other use whatsoever of
this information is strictly prohibited.
WEISSER ENOINEERINO COMPANY, INC. RATE SCHEDULE
TBPLS Rea. No. 100518-00
TBPE REG. No. F-68
PAGE 2 OF 2
713
1 HOUSTON,
www.minord•isign.com
FAX 7 t 3.623.6106
minor design
Sheila M. Condon FASLA
President
Clark Condon Associates
10401 Stella Link Rd
Houston, TX 77025
11 October 2016
Fee Proposal
z
Project City of Pearland Environmental Signage (35 and 518 Corridors)
Project Scope Professional services to complete, Schematic Design, Design Development and
Construction Documentation of an extended community sign program. Project includes integration of
branding elements with name treatments, identity markers and sign structure options approproatiate for
the 35 and 518 streetscapes. Deliverables will include presentation files for client meeting and refined
follow-up documents for second presentation. Drawings will reflect materials, scale and rough pricing for
planning purposes. Minor Design will me with CCA as needed to assist in the organization of presentation
strategies and materials.
MINOR DESIGN I
Compensation
The total fee for this project is a lump sum of $22,000 based upon the estimated time for professional
services and inclusive of presentation documents Fees are based on the following hourly rates. Design
$145, Production $110, Project administration $75.
Form of Agreement
Invoicing
An invoice reflecting work in progress will be mailed once per month (on or about the 5th) with payment
due thirty (30) days after receipt. The balance of the project cost is due upon completion of the project.
This quotation is valid for sixty (60) days after which prices may be adjusted based on the prevailing
market prices at the time.
Additional Services
The quoted fees include all work except, changes in the engagement scope or any necessary overtime
due to client adjustments to the engagement schedule. The proposal does not include fabrication
expenses, lighting or other specialized consultants (if required). Design revisions have been accounted
for; however, significant changes in the project scope or engagement schedule will be charged extra at
the appropriate hourly rates. A modification order reflecting the increased costs will be issued before
further work on the project is initiated.
mino
• minor design
Page 2
Clank Condon Associates
City of Pearland Environmental Signage (35 and 518 corridors)
Confidentiality
Minor Design Group will treat all information resulting from the consulting engagement as confidential
and, for a period including the duration of this agreement and five years thereafter, will not disclose any
of the information obtained during the effective period of this agreement without the express written
consent of Clark Condon Associates. The obligations of this confidentiality paragraph shall not apply to any
information which MDG can document (a) was generally known or available to the public at the time of the
communication; (b) became generally known or available to the public, through no act or omission of MDG
subsequent to the time of the communication; (c) was in MDG's lawful possession free of any obligation of
confidence at the time the communication.
Termination
Clark Condon Associates and/or Minor Design Group, Inc. may elect to terminate this agreement and may
do so upon presentation of fifteen -(15) days written notice. In such event, Minor Design Group, Inc. will
be compensated by Clark Condon Associates for its services rendered and expenses incurred through the
effective termination date.
Accepted as presented.
Clark Condon Associates