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R2019-138 2019-05-20
RESOLUTION NO. R2019-138 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a contract with Gauge Engineering, in the amount of$240,500.00 for design services associated with the Safe Routes to School Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Gauge Engineering, 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 with Gauge Engineering, for design services associated with the Safe Routes to School Project. PASSED, APPROVED and ADOPTED this the 20th day of May, A.D., 2019. r-afe9 TOM REID MAYOR ATTEST: , NG LP T- :_s: ?9P SES : TARY " APPROVED AS TO FORM: (It .&- DARRIN M. COKER CITY ATTORNEY Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon fmal execution by and between the City of Pearland ("CITY") and Gauge Engineering, LLC ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Safe Routes to School ("PROJECT"). (Project#TR1602) 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 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. 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 December 31, 2021. 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) $118,990.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Hourly Not to Exceed): $88,891.00 3. Bid Phase Services (Hourly Not to Exceed) $5,020.00 4. Construction Phase Services (Hourly Not to Exceed) $24,450.00 5. Reimbursable Expenses (Not to Exceed) $3,182.00 6. Total: $240,533.00 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 3200 Wilcrest Drive, Suite 220, Houston, TX 77042. 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. .L y •�i' • P 41 AND, TEXAS DATE 5/8/2019 CONSULTANT DA TF Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification I, Dr-yr./17 S _7'. (Person name), the undersigned representative (hereafter referred to as "Representative") of 75-4 r. L Z (company or business dame, hereafter referred to ae"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. NATURE OF REPRESENTATIVE „SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of j11 , 20/ q . Notary Public • ROBERT E. SMEORIBT Notary Pubtic,state of Texas ; a ty cartrnMslon Expires 12-23-2022 : • Notary 100 872557-9 ; Design 7 or 7 D2 Revised 04/2019 Gauge\ ENGINEERING May 7, 2019 Susan Johnson Project Manager I Engineering & Capital Projects City of Pearland 2559 Hillhouse Rd Pearland, TX 77584 Re: Safe Route to School Plan— PS&E Dear Ms. Johnson, Gauge Engineering, LLC (Gauge) is pleased to submit this proposal for Plans, Specifications, and Estimates (PS&E) Services for sidewalk improvements related to the Safe Route to School plan Review. Submittals to the City will be presented at 60%, 90% and 100% and will include the plans, specifications, and cost estimates. We propose to perform the PS&E services for a Lump Sum amount of$240,500. Any additional engineering services will require City's approval before commencing. A detailed breakdown of the scope items and fee can be found under Exhibits A, B, C, D and E. We are prepared to begin this work immediately and anticipate delivery of a bid ready plan set in 13 months in adherence with TxDOT's requirements. Will work with the City to develop a detailed schedule before NTP. Please feel free to contact me at(832) 318-8801 if you have any questions or need additional information. Sincerely, ____, ,___-_ p Derek St. John, PE Principal Attachments: Exhibit A- Scope of Services Exhibit B - Level-of-Effort Exhibit C—Topographical Survey at crossings only Exhibit D—Geotechnical services at crossings only Exhibit E— Environmental Investigation 3200 Wilcrest Drive,Suite 220 • Houston,Texas 77042 • 832.318.8800 4/24/2019 pt44. EXHIBIT gibita61141 SCOPE OF SERVICES SAFE ROUTE TO SCHOOL PLAN This proposal is for professional engineering services for sidewalk improvements related to the Safe Routes to School H-GAC TIP application for Carleston Elementary, Cockrell Elementary, and Pearland Junior High South.The PS&E package will be prepared in conformance with TxDOT requirements and the latest edition of the State's PS&E Preparation Manual.The plans and deliverables will be reviewed by the City throughout the design process(60%, 90% and Final).The following scope details the procedures that will be followed to provide TxDOT compliant bid- ready construction plans: PS&E TASKS A. General Plan Sheets(60%, 90%, 100%) 1. Title Sheet 1 (Sheet) 2. Index of Sheets(1 Sheets) 3. Project Layout Sheet(3 sheets) 4. Survey Control Index Sheets (5 Sheets) 5. Typical Sections-Existing (3 sheets) 6. Typical Sections-Proposed (3 sheets) 7. General Notes (3 Sheets) 8. Summary of Quantities (2 Sheets) 9. Traffic Control Standards(4 Sheets) 10. Standards(Pedestrian Facilities, Curb&Gutter) (4 Sheets) 11. Signing &Pavement Marking (2 Sheets) 12. Storm Water Pollution Prevention Plan Standards (2 Sheets) B. Sidewalk plans for Carleston Elementary, Cockrell Elementary, and Pearland Junior High South (60%, 90%&100%) Sidewalk design plans will be developed utilizing aerial maps at a 1"=40-FT for 11"x17"size sheets. Plans will depict proposed pedestrian facilities and shall be designed in accordance with the American with Disabilities Act Accessibility Guidelines(ADAAG)and the Texas Accessibility Standards(TAS). The plans will also be submitted to the Texas Department of Licensing and Regulation (TDLR)or representative thereof for review, approval, and inspection. C. Storm Water Pollution Prevention Plans(SWPPP)will be prepared in accordance with TxDOT Standard Details and Standard Specifications. D. Project Management/Specs/Agencies&Team Coordination/Quantities/Misc 1. Project Management/Project Controls: During each phase of the project, the Project Manager(PM)will oversee all work and will be responsible for directing and coordinating activities and assigned personnel.The PM will manage the project scope, schedule, budget, and quality to ensure that the project progresses as agreed.The PM will submit monthly invoices, status reports, and schedules. The PM will conduct monthly coordination meetings with the City. 2. Private Utility Coordination: Necessary coordination will be conducted with private utility companies to understand/confirm infrastructure location and information, and to facilitate the proposed sidewalk project. Utility signatures will be obtained from AT&T, Centerpoint Energy Gas and Electric, and potentially other companies such as Comcast. G a e` Page 1 of 3 ENGINEERING ` 4/24/2019 3. Data Collection and Site Visits: Gauge Staff will collect all the available data, reports and record drawings (if needed)from the City and Drainage District. We will conduct the necessary site visits to walk the project alignment and clearly call out the presence of any obstructions in the plans or relevant topographic features. 4. Agency Coordination,Approvals&Signatures: Throughout the project, coordination meetings will be organized as necessary with the different agencies to obtain the necessary approvals and signatures. 5. Specifications: Specifications will be prepared in accordance with TxDOT Standard Details and Standard Specifications. Any special specifications will be prepared. 6. Quantities: The design team will develop and report quantities in Standard TxDOT Estimator bid format at 60%,90% and 100%submittals. 7. Opinion of Probable Construction Cost(OPCC) The design team will submit Opinion of Probable Construction Cost at the 60%,90%, and 100%stages. 8. Coordination with Stakeholders Meetings will be held with Stakeholders as needed and will be coordinated with the City in advance. E. Quality Assurance I Quality Control: Our thorough Quality Assurance/Quality Control (QA/QC) Plan will be implemented to ensure overall project constructability, cost estimate accuracy,and design conformance with industry standards and client-specific requirements and preferences. F. Permitting and Bid Phase 1. Provide Notice to Bidders (NTB)to the Project Manager. City is responsible for advertising. Gauge will support and work with the City. 2. Chair pre-bid meeting and attend the Bid Opening 3. Respond in writing to questions from bidders and prepare addenda as necessary. 4. Provide Bid Proposal on City's form 5. Review E-Bid generated bid tabulation for discrepancies or irregularities 6. Prepare Engineer's Recommendation of Award Letter that includes the following required content: a. Check for math errors and reconcile any mathematical discrepancies b. Review for unbalanced bid items c. Certified Bid Tabulation including adding Engineer's estimate to Bid Tab d. Review of contractor's financial standing and references provided and past performance on projects e. Explanation of discrepancies between the Engineer's estimate and bids f. Recommendation to award 7. Attend City Council meeting for award of Contract for Construction. G. Construction Administration—6-month duration 1. Attend pre-construction meeting to provide information &answer questions 2. Attend monthly progress meetings with Construction Manager, Contractor&City of Pearland as needed 3. Review/approve&comment on Contractor's submittals, RFIs, Contractor Proposals, Request for Change Orders (RCO)including coordination with Construction Manager on Proposals&Change Orders 4. Provide interpretive guidance for Contractor,Construction Manager in resolution of problems G a e`% Page 2 of 3 ENGINEERING 4/24/2019 5. Conduct Substantial Completion Inspection with CM or PM to: a. Review progress of work for Substantial Completion walk-through b. Generate a punch list of items for correction c. Substantiate items that are completed d. Issue both Certificate of Substantial Completion (signed/sealed from Design Engineer)& Final Acceptance or 2nd walk through e. Issue Final Completion &Acceptance letter to City recommending acceptance&release of final payment f. Coordinate contractors, CM/CI to provide complete record of As-Builts Drawing g. Within thirty(30)days after receipt of As-Builts from the contractor to the CM, the project engineer shall provide to the City one (1)set of electronic reproducible record drawings, (PDF format)and an AutoCAD file(.dwg) G a e` Page 3 of 3 ENGINEERING R., EXHIBIT B SAFE ROUTE TO SCHOOL PLAN Gauge' „ PLANS,SPECIFICATIONS AND ESTIMATES-LEVEL OF EFFORT ENGINEERING I. PLANS,SPECIFICATIONS AND ESTIMATES NO OF PROJECT GRAB ADMIN TOTAL LATE10 . DESCRIPTION OF WORK TASKS PROJ MGR CADD TECH ENGINEER ENGINEER ASST Ha; , r A. General Plan Sheets(60%,90%,100%) 1 Title Sheet 1(Sheet) 1 0.5 1 2 4 7.5 $880.00 2 Index of Sheets(1 Sheets) 1 1 1 6 8 $870.00 3 Project Layout Sheet(3 sheets) 3 1 2 6 16 25 $2,800.00 4 Survey Control Index Sheets(5 Sheets) 5 2 4 4 10 $1,180.00 5 Typical Sections-Existing(3 sheets) 3 2 6 12 20 $2,220.00 6 Typical Sections-Proposed(3 sheets) 3 1 4 8 20 33 $3,740.00 7 General City Notes(3 Sheets) 3 0.5 1 4 6 11.5 $1,320.00 8 Summary of Quantities(2 Sheets) 2 1 2 4 12 19 $2,160.00 9 Traffic Control Standards(4 Sheets) 4 1 4 8 13 $1,430.00 10 Standards(Pedestrian Facilities,Curb&Gutter)(4 Sheets) 4 1 4 8 13 $1,430.00 11 Signing&Pavement Marking(2 Sheets) 2 1 2 6 9 $990.00 12 Storm Water Pollution Prevention Plan Standards(2 Sheets) 2 1 2 6 9 $990.00 13 Design Concept Conference(DCC)&Project Design Elements Form 10 2 8 18 6 0 34 $4,320.00 Total 43 6 27 65 114 0 212 $24,330.00 B. H.C.Carleston Elementary School Sidewalk Plans(60%,90%,100%) 1 Sidewalk plan sheet(approximately 230-LF)-1 Sheet 1 1 2 4 10 17 $1,960.00 2 Fite Road-South Side(approximately 3,300 LF)-4 Sheets 4 2 6 12 24 44 $5,100.00 3 Fite Road-North Side(approximately 4,700 LF)-6 Sheets 6 2 6 14 32 54 $6,140.00 4 Harkey Road(approximately 1,800 LF)-2 Sheets 2 2 2 8 18 30 $3,420.00 5 Josephone Street(approximately 1,300 LF)-2 Sheets 2 1 4 6 16 27 $3,100.00 6 Storm Water Pollution Prevention Plan(15 Sheets) 15 2 6 14 30 52 $5,940.00 Total 30 10 26 58 130 0 224 $25,660.00 C. Barbara Cockrell Elementary School Sidewalk Plans(60%,90%,100" 1 Old Alvin-Sidewalk Connector plan sheet-1 Sheet 1 1 2 4 10 17 $1,960.00 2 Highland Glen Ln-Sidewalk Connector plan sheet-1 Sheet 1 1 2 4 10 17 $1,960.00 3 Pearland Pkwy-South Side(approximately 1,100 LF)-2 Sheets 2 1 4 6 16 27 $3,100.00 4 Old Alvin Rd Road(approximately 1,300 LF)-2 Sheets 2 1 4 6 16 27 $3,100.00 5 Knapp Rd,Union Valley,Robinson Drive(approximately 5,100 LF)-7 $8,080.00 Sheets 7 4 12 18 34 68 6 Storm Water Pollution Prevention Plan(13 Sheets) 13 2 6 12 28 48 $5,500.00 7 Pedestrian Bridge x 2 @ Sites#4 and#5-By Others - $0.00 Total 26 10 30 50 114 0 204 $23,700.00 D. Pearland Junior High South School Sidewalk Plans(60%,90%,100%) 1 McLean Road-Sidewalk Connector plan sheet-1 Sheet 1 1 2 4 10 17 $1,960.00 2 McLean Rd-Widening (approximately 2,000 LF)-3 Sheets 3 2 6 12 20 40 $4,700.00 3 Veterans Memorial-West Side(approx.1,400 LF)-3 Sheets 3 2 4 8 18 32 $3,720.00 4 Veterans Memorial @ Springfield Ave-(1 Sheet) 1 1 2 4 10 17 $1,960.00 5 Pedestrian Bridge-By Others 0 $0.00 6 Storm Water Pollution Prevention Plan(8 Sheets) 8 1 4 8 22 35 $3,940.00 Total 16 7 18 36 80 0 ' 141 $16,280.00 E. Project Management/Specs/Agencies&Team CoordinationlQuantities/Misc 1 Overall Project Management/Team Coordination/Project Controls - 6 10 4 20 $2,920.00 2 Private Utility Coordination - 6 4 2 12 $1,580.00 3 Data Collection and Site Visits - 8 12 20 $2,640.00 4 City/TxDOT/BDD Coordination/meetings/approvals/signatures - 8 8 16 $2,640.00 5 Specifications - 1 8 4 13 $1,860.00 6 Quantities - 6 12 18 $2,340.00 7 Opinion of Probable Construction Cost-60%,90%,100% - 1 4 8 13 $1,740.00 8 TxDOT Checklist&Forms 2 6 24 32 $4,140.00 Total 18 56 64 2 4 144 $19,860.00 F. QUALITY ASSURANCE/QUALITY CONTROL 1 QA/QC(60%,90%,100%) 8 12 16 40 76 $9,160.00 Total 8 12 16 40 0 76 $9,160.00 TOTAL HOURS 59 169 289 480 4 1001 Contract Labor Rate $180.00 $150.00 $120.00 $100.00 $85.00 TOTAL LABOR COSTS BASIC ENGINEERING SERVICES $10,620.00 $25,350.00 $34,680.00 $48,000.00 $340.00 $118,990.00 ^",-.• EXHIBIT B SAFE ROUTE TO SCHOOL PLAN Gauge' PLANS,SPECIFICATIONS AND ESTIMATES-LEVEL OF EFFORT ENGINEERING II. BID AND CONSTRUCTION PHASE SERVICES NO.OF PROJECT GRAD ADMIN TOTAL LA130Ft DESCRIPTION OF WORK TASKS PROJ MGR CADD TECH SHEETS ENGINEER ENGINEER ,• T, A. Permitting and Bid Phase III Prepare Advertisement For Bid Document ---_-- 0 $0.00 ©Pre Bid Conference Meeting 1 2 2 -_ 5 $720.00 E Prepare Necessary Addenda To Address Issues or Clarifications 1 4 8 4 17 $2,140.00 L Conduct Bid Opening Meeting&Tabulation of Bids 1 2 4 -- 7 $960.00 ©Evaluate the Bid Proposals&Make Award Recommendation 2 4 2 -- 8 $1,200.00 • Total- 5 12 16 4 0 37 $5,020.00 B. Construction Administration(6 month duration) Mil Preconstruction Meeting 2 2 --- 4 $660.00 ©Monthly Progress Meetings/Site Visits 4 8 --- 12 $1,920.00 ©Change Orders Support 2 6 --- 8 $1,260.00 •RFIs and Submittals 6 18 40 -- 64 $8,580.00 ©Assist with construction problems resolutions 2 16 12 -- 30 $4,200.00 6 Substantial completion Walkthrough 2 4 --- 6 $960.00 •Develop Punch list and Substantial Certificate Completion 1 4 4 -- 9 $1,260.00 8 Final Walkthrough/Final Acceptance 2 6 --- 8 $1,260.00 9 As-built Drawings/Record Drawings Preparation -- 4 8 18 30 $3,360.00 • Total- 21 69 66 24 0 180 $24,450.00 III TOTAL HOURS 26 81 82 28 0 217 .Contract Labor Rate $180.00 $150.00 $120.00 $100.00 $85.00 •TOTAL LABOR COSTS BASIC ENGINEERING SERVICES .4,680.00 .12,150.00 .9,840.00 .2,800.00 .0.00 $29,470.00 III. 1 Printing and Reproduction-(Color plans)&Deliveries 1 LS $ 2,500.00 $ 2,500.00 I.PS&E $118,990.00 2 Mileage 1,240 MILE $ 0.55 $ 682.00 II.BID&CPS $29,470.00 III.Expenses $3,182.00 TOTAL REIMBURSABLE EXPENSES $ 3,182.00 PS&E TOTAL $151,642 IV. TADDITIONAL ENGINEERING SERVICE ARK-UP TOTAL 1 Topographical Survey at 3 Crossings;Ex.C-Kuo&Associates) $9,810.00 10% $10,791.00 2 Geotechnical Services at 3 Crossings(Ex.D-Terracon) $18,500.00 10% $20,350.00 Cement-bentonite grout-Permit(If needed) $3,700.00 $3,700.00 3 Hydraulic Analysis for 3 crossings(Gauge) $26,000.00 - $26,000.00 4 TDLR Inspection-Accessibility Check $2,000.00 10% $2,200.00 5 Define Ped Bridge Requirements/Parameters(Structural Engineer) $5,000.00 10% $5,500.00 6 Environmental Engineering(Categorical Exclusion,Ex.E-RPS) $18,500.00 10% $ 20,350.00 TOTAL SUBCONTRACTED ENGINEERING SERVICES $88,891.00 PS&E $151,642.00 Assumptions: Add Eng Services $88,891.00 - Aerial Imagery will be used for plan sheets PROJECT TOTAL $240,533.00 - Plan sheets will be 1".40',approx.400 LF double stacked per sheet-800 LF Approximately $240,500.00 - No need to mitigate for the added sidewalks - No Drainage Analysis is necessary - Pedestrian Bridge will be provided by Contractor - Environmental Investigation-to be done by Others EXHIBIT C KUO 10300 Westoffice Drive, Ste. 800 Houston, TX 77042 Phone: (713) 975-8769 & associates, Inc. Fax: (713) 975-0920 Engineering Firm Reg. No. F-4578 Consulting Engineers Surveying Firm Reg. No. 10075600 &Surveyors www.kuoassociates.com April 1, 2019 Muhammad Ali, PE Principal Gauge Engineering 3200 Wilcrest Drive, Suite 220 Houston,Texas 77042 RE: Pedestrian Bridges, City of Pearland Topographic Surveying Services Dear Mr.Ali: Kuo&Associates, Inc. is pleased to submit this proposal to perform surveying services for the above referenced project. The project limit consists of surveying three areas as mentioned below and shown in the attached exhibit in the City of Pearland: 1. Pedestrian Bridge at Veterans Drive 2. Pedestrian Bridge at Alvin Road 3. Pedestrian Bridge at Robinson Drive Detail scope of work and fees are proposed to be as follows: Scope of Work: Topographic surveying will be performed in compliance with the Category 6, Condition 2 survey as per the latest TSPS Manual of practice and requirements and City of Pearland surveying requirements,as applicable. In general our office will perform necessary field and office work for the following items: • Survey datum will be based on NAD 83 horizontal, and NAVD 88 (2001 adj.)vertical and will be tied to nearby TSARP survey monument, if available • Survey limit to extend at least 50' beyond the existing trail/ditch ROW • Establish survey controls • Survey all visible topographic features within the limit of topographic survey including all trees of 3" in and over in caliper size. Outline of wooded area (if any)than individual trees would be surveyed. • Survey all visible utility features within the limit of topographic survey • Survey cross sections of the channel at U/S and D/S faces of the bridge/culvert and 50' U/S and D/S • Survey cross sections of the channel at the proposed location of the pedestrian bridge • Invert all manholes and inlets(if any)within the limit of topographic survey • Perform limited abstracting and desktop research to delineate road and ditch's estimated ROW • Coordinate with One Call and private utility companies • Prepare a topo and utility plan view in AutoCAD showing all topo features, and available utility lines in AutoCAD Civil 3D. All underground public and private utility lines within the limit of topographic survey will be delineated on the plan based on the above ground features, manhole measure- downs, and best available record drawings • Prepare a ground profile lines along the proposed pedestrian bridge. • Prepare a signed and sealed survey control map The deliverable will include topo/utility plan drawing in AutoCAD, signed and sealed survey control map, survey point ASCII Files and copy of the field book as necessary. April 1, 2019 Proposal for Survey To our understanding,the following items and any items not mentioned above are excluded from our proposed scope and fee: • Any boundary level survey • Any Level A or Level B SUE survey • Surveying findings of Level A&B SUE survey(by others) Fee and Schedules: We estimate a total lump sum fee of$9,810.00 considering$3,270 for each location. Details on the level of efforts are shown in the attached table. We estimate 4 to 6 weeks to complete the works. We appreciate this opportunity in submitting this proposal. If you need further information, please do not hesitate to contact me. Sincerely, S..km.in Qa�um� Shaheen Chowdhury, P.E., R.P.L.S. President April 1, 2019 Proposal for Survey Level of Efforts for Topographic Survey(Each Location) Item Tasks Principal RPLS SIT CADD Survey Crew Cost $180.00 $130.00 $90.00 $81.00 $150.00 Tie to Benchmark $0.00 Survey Controls Establish survey controls 0.5 2 $345.00 Survey control map 1 4 $414.00 Topo Topo survey within the limit 4 $600.00 Survey Channel cross section survey 2 $300.00 Utility Research 0.5 $45.00 Plan& Limited abstracting $300.00 Profile Estimated Property lines 1 3 $400.00 Plan&profile 1 8 $738.00 Misc. QA/QC 1 $130.00 Project Management $0.00 Total Cost $3,272.00 Say$3,270.00/Each location Untitled Map ;rte I Legend t Q City of Pearland Parks Dept Write a description for your map. ' ,; ill, ,*!�. I ,, I Pearland Recreation Center &Natatorium P► Ped Bridge 1 !ell % lit, 4 iu I. 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SH 242 (FM 1314 to US 59) .., t ,' ‘14 4, 4,i.41-,, apt , . , A Y. r 7. / st.. ,.y , '! �. .. : am ' d' a. - ' '. # r '" 1 4' `� _lP‘ fir. ! '_ _ # 't.,,'''' }FIs .4.t.yoe _ - .i gin.= �r�' '. - ii , .. 0, oft - .3 • -Ai t --, - -- " 't • • • r '> SURVEY LIMIT 101' " - i ,e4°6111#: lli .1re ' .1"- ' ' ,:. 4F1111110C �� a ' { R fir. .I ' '41 04`,., A.' It • °:11, '4414" r4 I t 111/4 ' �„ set t'0410111111141111‘ . Itl, • x�.. ... ' f ,' •` - .. - f r' ilij • _ e t 40 ik OA- ] ..rte''-'~:-...> -,. ,6+ _ G as O� - t L L IC ; — .,.. ` 'rye . . - 4L" t�d� 1 s 1 T ' _, 200 ft k ,` — EXHIBIT D May 7, 2019 llerracon Gauge Engineering, LLC 3200 Wilcrest Drive, Suite 220 Houston, Texas 77042 Attn: Mr. Muhammad Ali, P.E. E: MAIi@GaugeEngineering.com Re: Cost Estimate for Geotechnical Engineering Services Pedestrian Bridges— Pearland, TX Bridge No. 1: Pearland Sites Road and Springfield Avenue Bridge No. 2: Old Alvin Road and Knapp Road Bridge No. 3: Robinson Drive and Bishopton Street Pearland, Texas Terracon Document No. P91195038.Revisionl Dear Mr. Ali: Terracon Consultants, Inc. (Terracon) understands we have been selected based upon qualifications to provide Geotechnical Engineering services for the above referenced project in Pearland, Texas. This document outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the cost of our services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Our base fee to perform the Scope of Services described in this proposal is$18,500. See Exhibit C for more details of our fees and consideration of additional services. Your authorization for Terracon to proceed in accordance with this document can be issued by signing and returning a copy of the attached Agreement for Services. Sincerely, Terracon Consultants, Inc. (Texas Firm Registration No. F3272) o /� Alireza (Ali)Ahmadi. P.E. Bobbie S. Hood, P.E. Project Manager(League City) Geotechnical Services Manager(Conroe) Terracon Consultants, Inc 551 League City Parkway, Suite F League City, Texas 77573 Registration No F-3272 Environmental ® Facilities Geotechnical Materials lierracon- Reference Number:P91195038.Revisionl AGREEMENT FOR SERVICES This AGREEMENT is between Gauge Engineering LLC. ("Client")and Terracon Consultants, Inc. ("Consultant")for Services to be provided by Consultant for Client on the Pedestrain Bridges-Pearland,TX project("Project"),as described in Consultant's Proposal dated 05/07/2019("Proposal"),including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. When Consultant subcontracts to other individuals or companies, then consultant will collect from Client on the Subcontractors' behalf. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants(e.g., mold,fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters,terrorism,or violence. If Services include purchase of software,Client will execute a separate software license agreement.Consultant's findings,opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either,fees will be according to Consultant's current fee schedule.Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal,state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $25,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY,OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors,or omissions. In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 1 of 2 Rev.4-18 lierracon- Reference Number:P91195038 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i)workers'compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance($1,000,000 occ/S2,000,000 agg);(iii)automobile liability insurance($1,000,000 B.I.and P.D.combined single limit); and (iv)professional liability insurance($1,000,000 claim/agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES,GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent,and reputable engineer, architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall I endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Texas law. 12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits,or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site.Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk.Client shall cause all tests and inspections of the site,materials,and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans. specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal,Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services.The quantities,when given,are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available.Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultants performance of Services hereunder, or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client,Client's contractors,subcontractors,or other parties present at the site, Consultant: Terracpn�/�/onnssuitants.Inc. Client: Gauge Engineering LLC. BYG� ,- G% ce-77.+ Date: 517/2019 By: Date: Name/Title: Noosha P Smith/Regional Manager Name/Title: Muhammad All/P.E. Address: 551 W League City Pkwy,Ste F Address: 3200 Wilcrest Drive Suite 220 League City,TX 77573-5463 Houston,TX 77042 Phone: 1281)557-2900 Fax: 12811 5.57-2990 Phone: (832)318-8800 Fax: Email: Noosha.Smith,terracon.com _Email: mali.gaugeengineering.com Page 2 of 2 Rev.4-18 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX • Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl EXHIBIT A - PROJECT UNDERSTANDING Our Scope of Services is based on our understanding of the project as described by the client and the expected subsurface conditions as described below. We have not visited the site yet and the aspects of the project that are undefined or assumed are highlighted as shown below. We request the design team verify all information prior to our initiation of field exploration activities. Site Location Item Description The plans are to construct three pedestrian bridges along one side of three existing automobile bridges/pathway in Pearland, Texas. 2 Pedestrian Bridge No. 1 Over a channel that crosses Pearland Sites Road to the south of its intersection with Springfield Avenue,in Pearland Texas.The GPS coordinates of the approximate center of the bridge are 29.534544 N and 95.289206 W. Project site location' Pedestrian Bridge No. 2 Over a channel that crosses Old Alvin Road to the south of its intersection with Knapp Road, in Pearland Texas. The GPS coordinates of the approximate center of the bridge are 29.590757 N and 95.278527 W. Pedestrian Bridge No. 3 Over a channel that crosses Robinson Drive and to the north of its intersection with Bishopton Street, in Pearland Texas. The GPS coordinate of the approximates center of the bridge are 29.592663 N and 95.272945 W. Pedestrian Bridge No. 1 A two-lane roadway across an existing channel. The channel is approximately 85 feet wide and 10 feet deep with a culvert in the middle where it crosses the roadway. The existing roadway along the channel appears to be soil supported at both ends and over the culvert in the middle portion. No concrete deck was observed in reviewing the aerial photos. Existing Pedestrian Bridge No. 2 Improvements' An existing concrete bridge across a channel. The channel is approximately 110 wide and 10 feet deep. The bridge accommodates a two-lane road and it is approximately 120 feet in length. Pedestrian Bridge No. 3 An existing concrete bridge across a channel. The channel is approximately 110 wide and 15 feet deep. The bridge accommodate a two-lane road and it is approximately 120 feet in length. Current Ground Cover Assumed to be concrete pavement overlaid by asphaltic concrete. Existing Topography' Relatively level at each location. Responsive • Resourceful • Reliable EXHIBIT A-PROJECT UNDERSTANDING 1 of 1 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX• Pearland, Texas May 7, 2019 ■ Terracon Document No. P91195038.Revisionl Item Description We expect the site and exploration locations are accessible with our all-terrain vehicle(ATV)mounted drilling equipment.We understand the boring locations are located within Brazoria County's Right-of-Way (ROW). We expect that Site Access obtaining TxDOT's permit is not required for this project. Should obtaining TxDOT's or any specific permit be required prior to the field program, our additional fee to include this in our scope is provided in EXHIBIT C. 2 1. Based on review of publicly available Google Earth aerial photos. 2. Based on a series of emails received from the client on May 7, 2019, we understand TxDOT guideline/specifications should be followed for field and laboratory testing programs and the project sites are within Brazoria County's ROW. Planned Construction Item Description Three pedestrian bridges are planned to be constructed, one at each site, along one side of the existing automobile bridges/pathway. We Proposed developments 9 understand the exact location of the proposed pedestrian bridges, their structure, and their loading conditions are not available at the time of preparation of this document. We request this information be provided to us prior to initiation of our field program. We assumed the maximum axial load on each pier of the bridge Maximum service loads (supported on one drilled-straight shaft)will not exceed 90 kips. Higher loads may require deeper borings. We request this assumption be verified prior to initiation of our field program. Finished elevation Expected to be at existing grades. Foundation system Drilled-straight shafts. 1 Based on the information provided by the dient. Responsive• Resourceful • Reliable EXHIBIT A-PROJECT UNDERSTANDING 2 of 1 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX • Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl EXHIBIT B - SCOPE OF SERVICES Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration The field exploration program consists of the following: Boring No. Planned Boring Depth 1'2 Planned Location (feet) B-1 and B-2 503 Pedestrian Bridge No. 1 B-3 and B-4 603 Pedestrian Bridge No. 2 B-5 and B-6 603 Pedestrian Bridge No. 3 1. Below ground surface. 2. The total drilling footage will be about 340 feet. 3. The boring depth was requested by the dient. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/-25 feet. The depths of the underlying subsurface materials will be shown on the boring logs. Subsurface Exploration Procedures: We advance soil borings with an ATV-mounted drill rig using continuous flight augers (solid stem and/or hollow stem, as necessary, depending on soil conditions) or wet drilling techniques. Eight samples are planned to be obtained in the upper 16 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using thin-wall tube and/or split-barrel sampling procedures. In the thin-walled tube sampling procedure, a thin-walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. In the split barrel sampling procedure, a standard 2- inch outer diameter split barrel sampling spoon is driven into the ground by a 140-pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT resistance values, also referred to as N-values, are indicated on the boring logs at the test depths. Moreover, Texas Cone Penetrometer (TCP) tests will be performed at 5 feet intervals in our borings. Our exploration team prepares field boring logs as part of standard drilling operations. Field boring logs include sampling depths, penetration distances, and other relevant sampling information. Field logs also include visual classifications of materials observed during drilling, and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represents Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 1 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges— Pearland, TX • Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl the geotechnical engineer's interpretation, and include modifications based on observations and laboratory tests. Property Disturbance:We will backfill borings with auger cuttings upon completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees, at your request. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling will be noted on our logs and discussed in our report. Exploration efforts require borings (and possibly excavations) into the subsurface, therefore Terracon will comply with local regulations to request a utility location service, Texas 811.We will consult with the owner/client regarding potential utilities, or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods, as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. If the owner/client is unable to accurately locate private utilities, Terracon can assist the owner/client by coordinating or subcontracting with a private utility locating services. Fees associated with the additional services are not included in this document. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access to the site by the property owner. By acceptance of this proposal, without information to the contrary, we consider this as authorization to access the property for conducting field exploration in accordance with the Scope of Services. Laboratory Testing The samples will be tested in our laboratory to determine physical engineering characteristics. An experienced geotechnical engineer will review the field boring log and samples. Laboratory tests will be conducted on representative samples to evaluate the pertinent engineering properties of the materials encountered. The laboratory testing program will be performed in accordance with the type and number of tests requested by the client according to the below table: Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 2 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX• Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl Type of Test TxDOT/ASTM Moisture content Tex-103-E Atterberg limits Tex-104-E Wash Minus 200 Sieve Tex-406-A Unconfined Compression test ASTM D2166 UU Triaxial Compression test Tex-118-E Engineering and Project Delivery Results of our field and laboratory programs will be evaluated by a professional engineer. The engineer will develop a geotechnical site characterization, perform the engineering calculations to evaluate pavement section thickness, and develop appropriate geotechnical engineering design criteria for earth-related phases of the project. Your project will be delivered using our GeoReport®system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: • Project Planning - Proposal information, schedule and anticipated exploration plan will be posted for review and verification • Site Characterization - Findings of the site exploration • Geotechnical Engineering - Recommendations and geotechnical engineering report When utilized, our collaboration portal documents communication, eliminating the need for long email threads. This collaborative effort allows prompt evaluation and discussion of options related to the design and associated benefits and risks of each option. With the ability to inform all parties as the work progresses, decisions and consensus can be reached faster. In some cases, only minimal uploads and collaboration will be required, because options for design and construction are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies found at the site. When services are complete, we upload a printable version of our completed geotechnical engineering report, including the professional engineer's seal and signature, which documents our services. Previous submittals, collaboration and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. The geotechnical engineering report will provide the following: Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 3 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX • Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl • Boring Logs' with field and laboratory data • Stratification based on visual soil classification • Groundwater levels observed during and after the completion of drilling • Site Location and Exploration Plans • Subsurface exploration procedures • Description of subsurface conditions • Subgrade preparation/earthwork recommendations • Foundation design and construction • L-PILE design parameters 1. Boring Logs will be prepared by TxDOT Wincore Software and electronic Wincore file will be submitted to the client. Responsive ■ Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 4 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX • Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fee is shown in the following table: Task Lump Sum Fee Subsurface Exploration, Laboratory Testing, Geotechnical Consulting& Reporting $18,500 Additional services not part of the base fee include the following: Additional Services Lump Sum Fee Authorization Obtaining drilling permit from TxDOT or any other governing entity $1,000 Backfill borings with cement-bentonite grout $2,700 1. We will backfill our borings with cement-bentonite grout after completion of drilling. Excess auger cuttings are dispersed in the general vicinity of the borehole. Our Scope of Services does not include services associated with site clearing, significant wet/soft ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. Additional consultation (such as attendance on a project conference call, engineering analysis, review of project documents, etc.) requested will be performed on a time-and-materials basis. A Senior Engineer billing rate of $180 per hour and Project Engineer billing rate of $130 per hour will apply. The fee to provide additional consultation services will be in excess of the above provided fee to complete the geotechnical services and will not be incurred without prior approval of the client. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Responsive • Resourceful ■ Reliable EXHIBIT C-COMPENSATION AND PROJECT SCHEDULE 1 of 2 Cost Estimate for Geotechnical Engineering Services lierracon Pedestrian Bridges- Pearland, TX • Pearland, Texas May 7, 2019 • Terracon Document No. P91195038.Revisionl Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. GeoReport® Delivery Posting Date from Obtaining TxDOT permit 2 Project Planning 2 business days Site Characterization 15 business days Geotechnical Engineering 25 business days 1. Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport®website with specific, anticipated calendar days for the three delivery points noted above as well as other pertinent events such as field exploration crews on-site,etc. 2. We will maintain a current calendar of activities within our GeoReport®website. In the event of a need to modify the schedule,the schedule will be updated to maintain a current awareness of our plans for delivery. Responsive• Resourceful • Reliable EXHIBIT C-COMPENSATION AND PROJECT SCHEDULE 2 of 2 Exhibit E SCOPE OF SERVICES TO BE PROVIDED BY THE ENGINEER Pearland Sidewalks Project for 3 Schools Pearland, Texas April 25, 2019 The services to be provided by RPS Infrastructure, Inc. (RPS) include preparation of appropriate supporting documentation to support a Categorical Exclusion(CE)Determination for the proposed City of Pearland sidewalk project. The sidewalk project is part of the Safe Routes to School program to provide safer, non-motorized connectivity from its neighborhoods to the following three schools within the city limits: Pearland Junior High South, H.C. Carleston Elementary, and Barbara Cockrell Elementary.Pearland proposes to construct nine Americans with Disabilities Act (ADA) compliant sidewalks, three sidewalk bridges (two over Hickory Slough and one over a drainage ditch), and four sidewalk connectors/enhancements to sidewalk crossings. The proposed sidewalks will extend the City's existing sidewalk program. The proposed sidewalks are shown on the attached three exhibits; one for each of the schools. All of the proposed sidewalks would be constructed within the existing right-of-way(ROW). This scope of services and cost estimate is based on the entire project at all three schools being approved as one C-List CE project under 23 CFR 771.117(c)(3)commonly referred to as a C3 CE titled Construction of Bicycle and Pedestrian Lanes, Paths, and Facilities. Approval of the CE determination will be made by the Texas Department of Transportation(TxDOT)Houston District. All work on the project shall conform to the applicable requirements of TxDOT and the Federal Highway Administration (FHWA) as of the date of this Scope of Services. All work to be performed shall be subject to review and approval by Pearland and TxDOT. The project will be let for construction by Pearland. The work required is described below according to each task to be performed. The CE documentation will be prepared in accordance with TxDOT's guidelines and requirements as of the date of this scope of services. Task 1 —Data Collection RPS shall collect, review and evaluate any necessary available and appropriate data pertaining to this project and/or the project area, including but not limited to, aerial photography, demographic maps/Census information,historical and archeological site listings,USGS topographic quadrangle maps, national wetland inventory maps, floodplain maps, hazardous materials database information, traffic data, proposed letting schedule, accident data, design drawings, drainage report, and any pertinent information related to this proposed project. Task 2—Prepare Scope Development Tool TxDOT's Scope Development Tool dated September 2015 will be completed, coordinated and submitted to TxDOT. The following environmental impacts will be assessed: 1. Air Quality 2. Cultural Resources (Cemeteries, Archeological, Historic) Page 1 of 4 3. Community Impacts 4. Water Resources 5. Biological Resources 6. Hazardous Materials 7. Traffic Noise 8. Section 4(f) Resources 9. Section 6(f)Resources 10. Parks and Wildlife Code, Chapter 26 11.Natural Resources Code Chapter 183 12. Indirect Impacts Analysis 13. Cumulative Impacts These 13 impacts will determine the type and amount of work, if any, that will need to be performed for the sidewalk project. The Scope Development Tool also addresses public involvement. Task 3—Prepare Project Scope for CEs It is assumed that the City of Pearland will be the Project Sponsor for the proposed project; therefore, a Project Scope for Categorical Exclusions (CEs) dated February 2014 will be completed, coordinated and submitted to TxDOT. This will include attending one meeting regarding the scoping document. Task 4—Land Use RPS shall conduct a field visit to document and confirm existing land use. Task 5—Air Quality Analysis In accordance with TxDOT's Air Quality Handbook dated May 2017, a Traffic Air Quality Analysis is not required because the project does not add capacity. Task 6—Mobile Source Air Toxics Analysis In accordance with TxDOT's Air Quality Handbook dated May 2017, a Mobile Source Air Toxics (MSAT)Analysis is not required because the project does not add capacity and is a project listed in 40 CFR 93.126. Task 7—Cultural Resources Acacia Heritage Consulting (Acacia) (cultural resources subconsultant) will prepare a Project Coordination Request (PCR) and an Archeological Background Study for coordination with TxDOT-ENV. The two documents are intended to provide initial coordination and documentation to assess effects under and comply with Section 106 of the National Historic Preservation Act (Section 106) and the Antiquities Code of Texas. Acacia will review the existing files in the Texas Historic Atlas to determine if any previously recorded structures or National Register of Historic Places properties are located within or near the proposed project area. Acacia shall prepare a Non-Archeological Historic Resources PCR (August 2015 version) for review and comment by TxDOT-ENV. Acacia will review the existing files held by the Texas Archeological Research Laboratory(TARL) and the Texas Historical Commission(THC)to determine if any previously recorded archeological Page 2 of 4 sites, sites or districts listed in the National Register, State Antiquities Landmarks, Registered Texas Historic Landmarks, local landmarks/districts, architectural surveys, cemeteries, or archeological surveys occur within or near the proposed project area. The location of any previously recorded cultural resources sites and surveys will be plotted onto USGS 7.5-minute topographic maps and aerial photographs to evaluate potential constraints. Acacia will also consult the soil survey maps for Brazoria County, relevant aerial photography, historical maps, land use maps, the Geologic Atlas of Texas and other municipal archival sources to assess the likelihood for cultural resource issues and make recommendations regarding impacts from the proposed project. The results of this effort will be integrated into the Archeological Background Study that summarizes potential impacts and constraints for the proposed project and outlines the process for compliance with state statutes during the planning process. Acacia will submit both the PCR and Background Study for review by the City of Pearland and TxDOT-ENV. Task 8—Water Quality RPS shall document compliance with Section 402 of the Clean Water Act(CWA):Texas Pollutant Discharge Elimination System (TPDES), Construction General Permit (CGP) requirements. The Storm Water Pollution Prevention Plan(SW3P), if required, will be prepared by others. RPS shall identify any impaired waters using the Texas Commission on Environmental Quality (TCEQ) 2014 and Draft 2016 Section 303(d) Clean Water Act list of impaired waters. Task 9—Floodplains The Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) for the project location will be analyzed with respect to the proposed project and the information documented. This task includes preparing an exhibit to include any 100 year floodplain locations. Task 10—Wetland Determinations The wetland determinations will be conducted using the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Atlantic and Gulf Coastal Plain Region, November 2010, version 2.0 and the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual, Technical Report Y-87-1, January 1987, Final Report (1987 Manual). This task will include completing a very limited number of Wetland Determination Data Forms, according to the Supplement, in order to properly show that no wetlands exist that would be impacted. This task will include identifying any other waters of the U.S. (e.g. creeks, streams, etc.), which would be subject to regulation under Section 404 of the Clean Water Act. The results of the wetland determinations will be documented. Task 11 —Biological Resources The Biological Evaluation Form dated December 2016 will be completed and submitted to TxDOT. The following biological categories will be assessed: 1. Endangered Species Act 2. Essential Fish Habitat 3. Coastal Barrier Resources Act 4. Marine Mammal Protection Act 5. Migratory Bird Treaty Act Page 3 of 4 6. Bald and Golden Eagle Protection Act 7. Fish and Wildlife Coordination Act 8. Executive Order 13112 on Invasive Species 9. Executive Memorandum on Beneficial Landscaping 10. Farmland Protection Policy Act Task 12—Tier I Site Assessment The Tier I Site Assessment dated April 2017 will be completed and submitted to TxDOT. This assessment will determine if coordination with Texas Parks and Wildlife Department is required. This scope and cost is based on coordination not being required. Task 13—Hazardous Materials RPS shall conduct a hazardous materials initial site assessment for the proposed project to identify sites within the project area that may have experienced soil and/or groundwater contamination by hazardous materials. The assessment will consist of a review of regulatory/governmental agency database records and an onsite investigation. The regulatory database search would occur within the minimum search distances set by American Society for Testing and Materials(ASTM)E 1527- 13.The results of the hazardous materials investigation will be documented.RPS shall also prepare TxDOT's Hazardous Material Initial Site Assessment dated April 2017. Task 14—Community Impact Analysis TxDOT's Community Impacts Assessment Technical Report Form dated September 2015 will be completed and submitted to TxDOT using the most current demographic and 2010 Census data collected under Task 1. Evaluate and assess any impacts to minority, limited English proficiency (LEP), and low income populations. Task 15—Indirect and Cumulative Impact Analyses Since the proposed sidewalk project is a C-list project under 23 CFR 771.117(c)(3), neither an indirect or cumulative impact analysis is required. No indirect or cumulative impact analysis will be conducted in this scope of services. Task 16—Traffic Noise Since the project will not involve additional capacity and there will be no substantial vertical or horizontal alterations to any roadways, a noise analysis will not be required in accordance with TxDOT's Traffic Noise Handbook dated May 2018 and their new noise policy. This Scope of Services does not include Section 4(f) and Section 6(f) Evaluation (required for taking parkland, recreation land, historic sites), Biological Assessment/Biological Evaluation (associated with endangered species/habitat impacts), Section 7 Consultation with the U.S. Fish and Wildlife Service, U.S. Coast Guard Section 9 permit, any USACE Section 10 or Section 404 permit,noise analysis,air quality analysis,MSAT analysis,or any public involvement. Should any of these services be determined necessary, RPS will perform the associated work as additional services. RPS will perform these services for a lump sum fee of$18,500. Page 4 of 4