R2006-060 05-08-06
RESOLUTION NO. R2006-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR ENGINEERING DESIGN SERVICES
ASSOCIATED WITH THE BAILEY ROAD DRAINAGE IMPROVEMENTS
AND THE COWARTS CREEK BASIN DIVERSION DITCH.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering design services associated with
the Bailey Road drainage improvements and the Cowarts Creek basin diversion ditch, a
copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is
hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for engineering design services associated with
the Bailey Road drainage improvements and the Cowarts Creek basin diversion ditch.
PASSED, APPROVED and ADOPTED this the 8th day of May A.D., 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-60
5/8/06
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
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This Contract (Contract) is made between the City of Pearland, Texasj
(hereinafter "City"), and JKC & Associates, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide engineering, surveying and geotechnical services for
drainage improvements for the Bailey Road Corridor (Cowarts Creek Basin).
Enqineer/Subconsultant( s) Fee Basis of Compensation
JKC & Associates, Inc. $1,120,163.50 Lump Sum
Maximum Contract Amount $1,120,163.50 Lump Sum
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: See schedule
Attachments: Scope of Services - Exhibit A
Attachments: Qualifications - Exhibit B
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2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
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1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual low bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
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If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Engineer has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
3
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer 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 Engineer, 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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City 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 City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer 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 Engineer 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
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provIsions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
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EXECUTED and EFFECTIVE as of the 8th day of
May
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CITY OF PEARLAND
ENGINEER
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GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
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24 April 2006
Mr. Joe Wertz
City of Pearl and - Projects Department
3519 Liberty Drive
Pearland, TX 77581
RE: Proposal for Engineering, Surveying and Geotechnical Services
Drainage Improvements for Bailey Road Corridor
Pearland ETJ, Brazoria County, Texas
Dear Mr. Wertz:
I sincerely appreciate the opportunity to provide this engineering services proposal. Per
our numerous conversations regarding this project, JKC & Associates, Inc. (JKC)
proposes to offer the following services in support of the identified Bailey Road Drainage
Improvements.
PROJECT DESCRIPTION
The scope of proposed improvements include the following general design elements:
1. Construct approximately 4,320 If of new 5 'x5' box culvert and 16,700 If of new
open ditch to intercept flow from Cowart Creek (CWI00-00) at the Bailey
Road/F.M. 1128 intersection and divert this flow south and east to a proposed
detention facility.
2. Construct a new pumped detention facility on an 80-acre tract located south of
C.R. 100 and east of Veterans. This facility will provide approximately 650 ac-ft
of regional detention storage.
3. Re-grade existing road ditches on Herridge, Holland, Harkey, Wayne, Berry
McLean and Wellbom rights-of-way to redirect surface run-off from the Bailey
Road corridor as contemplated in the "Bailey Road Drainage Improvement"
drainage master plan dated January 26, 2006.
4. Reconstruct the Veterans Road culvertlbridge at Veterans and CWI03-00 to
provide adequate conveyance capacity for the improved flow conditions as
specified in the "Bailey Road Drainage Improvement" drainage master plan.
We have attached Table 1, "Preliminary Project Cost Estimate" for this proposed work
for your review, and we anticipate a total project construction cost of $12,987,020 to
implement the proposed improvements. Also included in this estimate are expected costs
for right-of-way land acquisition and legal expenses which are budget guesses provided
by JKC; City staff may have a more informed approximation for these costs.
2820 FM 517 E. Dickinson, TX 77539' phone: (281) 309-9100' FAX: (281) 309-9300
Bailey Road Drainage Improvements
City of Pearl and, Texas
Page 2 of6
Also attached in Table 2, "Professional Services Manhour & Fee Projection," is the
proposed level of effort and fees for this project. The professional service fees proposed
here are approximately 8.6% of the total construction value of this project.
ARTICLE 1 - SCOPE OF WORK
Upon authorization to proceed, JKC proposes to provide the following professional
services in support of this City of P earl and project:
PRE-DESIGN PHASE
1. JKC will meet with the City of Pearl and (City) to establish requirements for the
Project.
2. JKC will provide an Environmental Impact Assessment Report (ESA) for the project
area. This work to be provided by Terracon under this master professional services
agreement as described in the attached proposal from Terracon.
3. JKC will provide site boundary and topographic surveys required for the base design
drawings of the work along Herridge, Holland and Harkey rights-of-way. JKC will
also provide boundary and topographic surveys and survey instruments in support of
the right-of-way acquisition along the proposed corridor of the new surface ditch
between Bailey Road (C.R. 101) and C.R. 100. Surveying required along Wayne,
Berry, McLean, Wellborn, Veterans, C.R. 100 and the 80-ac detention tract will be
provided by others (C.L. Davis) under separate contract.
4. JKC will provide a geotechnical investigation for the proposed new ditch corridor and
detention facility making recommendations for depth of facilities, stabilization of
slopes, and handling of groundwater (if present). This work to be provided by
Terracon under this master professional services agreement.
5. JKC will provide geotechnical investigation and design report for the proposed bridge
structure at the Veterans Road/CW103-00 ditch intersection. This work to be
provided by Terracon under this master professional services agreement.
DESIGN PHASE
1. JKC will provide detailed engineering design of proposed storm sewer box culvert
alomg Bailey Road between F.M. 1128 and the proposed diversion between Harkey
and Holland. JKC will also provide detailed engineering design of the proposed
diversion ditch between Bailey Road and the proposed detention facility. These plans
are for the purposes of permitting, bidding and constructing the project. These
engineering drawings will be generated in accordance with City of Pearland
development standards and will include storm water PPP and traffic control plans
required to implement the improvements.
2. JKC will provide detailed engineering design of proposed detention facility including
design of diversion/weir structures, pumps, wet well, and pump controls. These
engineering drawings will be generated in accordance with City of Pearland
development standards and will include the necessary storm water PPP.
3. JKC will provide detailed engineering design to re-grade existing road ditches and
replace, reset or upgrade roadway and driveway culverts as necessary on Herridge,
Holland, Harkey, Wayne, Berry, McLean, and Wellborn rights-of-way between
Bailey Road and C.R. 100. This work is to be provided by ESP A Corp. under this
2820 FM 517 East. Dickinson, TX 77539. phone: (281) 309-9100. FAX: (281) 309-9300
Bailey Road Drainage Improvements
City of Pearl and, Texas
Page 3 of6
master professional services agreement, and will be generated in accordance with
City of Pearl and development standards. This work will include all required storm
water PPP and traffic control plans.
4. JKC will provide detailed engineering design to reconstruct the Veterans Road bridge
and a private bridge crossing CWI03-00 to accommodate flows determined by the
"Bailey Road Drainage Improvements" master drainage plan. This work is to be
provided by ESP A Corp. under this master professional services agreement, and will
be generated in accordance with City of Pearland development standards. This work
will include all required storm water PPP and traffic control plans.
5. JKC will provide project coordination of design engineers and professional service
providers in support of this Design Phase scope of work.
6. JKC will attend monthly design progress meetings with City staff to discuss project
status, and will submit two (2) sets each of 50%, 90% and 100% design submittals for
City staff review and comment.
BIDDING PHASE
1. JKC will produce all required Project Bid Documents required to publicly bid the
work. Bid Documents will be provided for four (4) separate construction projects
generally described as follows:
a. Box Culvert and Open Ditch diversion from F.M. 1128 to the Proposed
Detention Facility.
b. Proposed Detention Facility including grading, diversion structures,
pumps, pump controls and wet well structures.
c. Re-grading existing road ditches and replace, reset or upgrade roadway
and driveway culverts as necessary on Herridge, Holland, Harkey, Wayne,
Berry, McLean, and Wellborn rights-of-way between Bailey Road and
C.R. 100.
d. New bridge structures for Veterans Road and the Private Driveway on
Ditch CW103-00.
2. JKC will assist City staff in advertising each of these projects and distributing
plans to interested parties (for a reasonable reproduction fee).
3. JKC will schedule and conduct pre-bid conferences, answer design/construction
questions from prospective bidders, and generate necessary addenda required
prior to acceptance of public bids for construction of the work.
4. JKC will assist the City in tabulating bid responses, evaluating contractor
references and will make a recommendation for selection of successful bidders.
CONSTRUCTION PHASE
1. JKC will schedule weekly construction progress meetings between contractors and
City staff to discuss project status.
2. JKC will provide construction observation at a frequency and duration sufficient to
assure work proceeds in general accordance to the approved plans and specifications.
3. JKC will collect and respond to contractor questions during the construction phase.
4. JKC will review and make recommendations for paying contractor's monthly
progress payment requests.
2820 FM 517 East. Dickinson, TX 77539' phone: (281) 309-9100' FAX: (281) 309-9300
Bailey Road Drainage Improvements
City of Pearl and, Texas
Page 4 of6
5. JKC will review all material testing to assure construction proceeds in general
accordance to the approved plans and specifications.
. 6. JKC will generate as-built drawings of proposed improvements incorporating field
changes to the original design plans.
7. JKC will provide one (1) set of mylar originals and two (2) copies of the as-built
drawings upon completion of work. These plans will also be submitted as scanned
"tiff' images provided on CD media.
ARTICLE 2 - TIME FOR PERFORMANCE
JKC agrees to provide these professional services in accordance with the following
schedule. Note that many of these activities will proceed concurrently.
1. JKC will provide the surveys and survey instruments defined above within 90
days from the date of City's authorization to proceed assuming average
springtime weather conditions.
2. Terracon will provide (through JKC) the Environmental Assessment Report
within 30 days from the date of City's authorization to proceed.
3. JKC will provide 50% plans for City review of the interceptor box culvert/open
ditch within 60 days of receiving complete corridor boundary and topographic
information being provided by C.L. Davis.
4. JKC will provide 50% plans for City review of the detention facility within 60
days of receiving complete site boundary and topographic information being
provided by C.L. Davis.
5. ESPA will provide (through JKC) 50% plans for City review of the Herridge,
Holland, Harkey, Wayne, Berry, McLean and Wellborn ditch re-grading/culvert
upgrading within 120 days of receiving complete site boundary and topographic
information being provided by JKC & C.L. Davis.
6. ESPA will provide (through JKC) 50% plans for the City review of the two (2)
bridge/culvert structures within 90 days of receiving complete site boundary and
topographic information being provided by C.L. Davis and the Geotechnical
Investigation provided by Terracon.
Review of 50% plan submittals by the City, as well as bidding the work will proceed at
the City's schedule and have not been accounted for here.
ARTICLE 3 - RESPONSIBILITIES OF OWNER
The City of Pearland, as Owner, shall perform the following in a timely manner so as not
to delay the production of survey and design documents provided by JKC.
1. City shall designate a person to act as Owner's representative with respect to the
services rendered under this Agreement. This person shall have contract authority
to transmit instructions, receive information, interpret and define Owner's policies
and decisions with respect to JKC's services.
2. City shall provide all criteria and full information as to Owner's requirements for
the Project, including design objectives & constraints; space, capacity &
performance requirements; flexibility & expandability requirements; and
2820 FM 517 East. Dickinson, TX 77539. phone: (281) 309-9100. FAX: (281) 309-9300
Bailey Road Drainage Improvements
City of Pearl and, Texas
Page 5 of6
budgetary limitations. The City shall furnish copies of all design and construction
standards which Owner will require to be included in the drawings and
specifications.
3. City shall assist JKC by providing all available information in City's possession
pertinent to the Project including previous reports, studies, agreements and other
data.
4. City shall arrange access to all public and private property as required for JKC to
perform services under this Agreement.
ARTICLE 4 - PROFESSIONAL SERVICE FEES
A detailed schedule of manhour and fee projections are attached in Table 2. JKC
proposes to provide the Scope of Work (using both in-house and subcontract labor) for a
lump sum professional services fee of$I,120,163.50. This proposed professional service
fee represents an amount equal to 8.6% of the estimated construction cost for this work.
If JKC believes that the Scope of Work is increasing so as to generate additional services,
JKC will notify the City for approval before proceeding with any out-of-scope work.
Additional services shall only be performed when directed by the City of Pearland as they
are not considered normal and customary engineering services. Additional services may
include, but are not necessarily limited to:
. Services resulting from significant change in the extent of the Project or its design
including but not limited to changes in size, complexity, the City's schedule, or
character of the construction or method of financing and revising previously accepted
design documents or Contract Documents when such revisions are due to causes
beyond JKC's control.
. Preparation of documents for alternative bids requested by the City or documents for
out of sequence work.
. Preparing to serve as a consultant or witness for the City in any litigation, public
hearing or other legal or administrative proceeding involving the Project.
. Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work ofContractor(s), (3) prolongation of the construction
contract time, (4) acceleration of the progress schedule involving services beyond
normal working hours and (5) default of Contractor.
. Additional services not otherwise provided for in the Scope of Work.
JKC will endeavor to apprise the City of any potential or extended services that may
result from the above listed items, prior to JKC's expenditure of time on such services.
As previously noted, any such extended or additional services shall only be performed
2820 FM 517 East. Dickinson, TX 77539. phone: (281) 309-9100. FAX: (281) 309-9300
Bailey Road Drainage Improvements
City of Pearl and, Texas
Page 6 of6
when directed by the City. If additional services are required, they will be billed at the
following rates:
Project Manager
Project Engineer
CAD Designer
Clerical
$ 1 45/hour
$115/hour
$75/hour
$40/hour
Invoices will be generated monthly according to percent of work done during the
previous billing cycle, and JKC asks for payment within thirty days.
Thank you very much for the opportunity to submit this proposal, and I look forward to
working with you. Feel free to call me at (281) 309-9100 if you have any questions.
Sincerely,
JKC & Associates, Inc.
Gs-~
Jason Christian, P.E.
2820 FM 517 East. Dickinson, TX 77539 . phone: (281) 309-9100' FAX: (281) 309-9300
TABLE 1
PRELIMINARY CONSTRUCITON COST ESTIMATE
BAILEY ROAD DRAINAGE IMPROVEMENTS
UNIT TOTAL
ITEM aTY UNITS COST COST COMMENT
SITE WORK
Mobilization 1 LS 75,000.00 75,000.00
Clearinq & Grubbinq 137 AC 1,200.00 164,400.00
Ditch Excavation 169,300 CY 5.25 888,825.00
Embankment 169,300 CY 3.75 634,875.00
Seedinq & Fertilizinq 52 AC 1,500.00 78,000.00
Pipeline Crossinq 1 LS 80,000.00 80,000.00
Reqrade Road Ditches & Replace Culverts 63,360 LF 7.00 443,520.00 Harkey, Wayne, Berry, McLean & Wellborn
Bridge Improvements at Veterans 1 LS 375,000.00 375,000.00 Crossing Ditch CW1 03-00
Existinq Culvert/Bridqe Removal 3 EA 18,000.00 54,000.00 2 on CW1 03-00 & 1 on CW100-00
Traffic Control Plan 1 LS 65,000.00 65,000.00
Stormwater Pollution Prevention 1 LS 45,000.00 45,000.00
Payment/Performance/Maint Bonds 1 LS 250,000.00 250,000.00 2.0% of Construction
SUBTOTAL SITE WORK 3,153,620.00
DETENTION FACILITY
Detention Pond Excavation 950,000 CY 4.00 3,800,000.00 Pond 1 - Located at CR 100 & Wells Road
Embankment 950,000 CY 4.00 3,800,000.00
Seedine & Fertilizinq 80 AC 1,500.00 120,000.00
Detention Pond Pump House, Pumps & Controls 1 LS 400,000.00 400,000.00 Pond 1 - Located at CR 100 & Wells Road
Detention Intake Weir Structures 1 LS 75,000.00 75,000.00 Pond 1 - Located at CR 100 & Wells Road
SUBTOTAL DETENTION FACILITIES 8,195,000.00
STORM SEWER & DRAINAGE
5' x 5' Box Culvert 4,320 LF 225.00 972,000.00
7' x 5' Box Cu Ivert 40 LF 345.00 13,800.00
9' x 8' Box Culvert 240 LF 425.00 102,000.00
10' x 7' Box Culvert 100 LF 550.00 55,000.00
10' x 8' Box Culvert 60 LF 610.00 36,600.00
48" RCP Pipe 1,200 LF 145.00 174,000.00
Driveway Bridee Uporade 1 EA 95,000.00 95,000.00 CR 100 downstream of Veterans
Slope Protection 2,500 SY 45.00 112,500.00
T vpe "E" I n lets 25 EA 1 ,500.00 37,500.00
Type "CO Curb Inlets 20 EA 2,000.00 40,000.00
SUBTOTAL STORM 1,638,400.00
CONSTRUCTION SUBTOTAL $12,987,020.00
LAND ACQUISITION 12 AC 14,000.00 $168,000.00 Back-lot ROW parallel with Holland
LAND ACQUISITION 40 AC 15,000.00 $600,000.00 Along CR 100
LAND ACQUISITION 80 AC 12,000.00 $960,000.00 Detention Pond 1 - CR 100 & Wells Rd
LEGAL 1 LS 75,000.00 $75,000.00
ENGINEERING, GEOTECH & SURVEYING 8.6% $1,120,163.50
CONTINGENCY 20.0% $2,597,404.00
TOTAL CONSTRUCTION $18,507,588
April 11, 2006
rJL~~
TABL
PROFESSIONAL SERVICES MA
BAILEY ROAD DRAINA
Work Project Manager Project Engineer CAD Designer Clerical
Item MH 1 Cost MH I Cost MH I Cost MH I Cost
SURVEY
,dary & Topographic Survey Existing Road R.O.W. from CR101 to CR100 along Harkey, Holland an
,dary & Topographic Survey wI Instruments Proposed ditch corridor from CR101 to CR100
PROJECT EVALUATION PHASE
technical Investigation for ditch corridor Estimated 35 borings @ 20' depth each
technical Investigation for detention facility Estimated 10 borings @ 30' depth each
technical Investigation for bridge foundation Estimated 2 borings @ 70' depth each
ronmental Impact Assessment Report See attached Terracon proposal dated April 1 0, 20m
;ibility Modeling, BDD4 Permitting 70 10,150.00 440 50,600.00 85 6,375.00 25 1,000.00
Corps Permitting 25 3,625.00 120 13,800.00 80 6,000.00 10 400.00
DETAILED DESIGN PHASE
'ade ditches and reset culverts 68 7,820.00 892 84,740.00 1104 81,696.00 36 2,088.00
gn box culverUproposed ditch 120 17,400.00 500 57,500.00 750 56,250.00 30 1,200.00
gn proposed detention facility 150 21,750.00 400 46,000.00 600 45,000.00 25 1,000.00
gn diversion structures, wet well & controls 180 26,100.00 600 69,000.00 500 37,500.00 15 600.00
gn proposed bridge @ Veterans Rd. 9 1,035.00 492 46,740.00 184 13,616.00 10 580.00
gn proposed private culvert on CW103-00 4 460.00 100 9,500.00 44 3,256.00 5 290.00
'dination of subcontract engineers 120 17,400.00 50 5,750.00 0 0.00 10 400.00
BIDDING PHASE
are Bid Packages & Contract specifications 60 8,700.00 100 11,500.00 0 0.00 105 4,200.00
luct pre-bid meeting & answer questions 16 2,320.00 40 4,600.00 0 0.00 10 400.00
Jate Responses & make recommendation 8 1,160.00 20 2,300.00 0 0.00 4 160.00
CONSTRUCTION PHASE
de daily observations during construction 80 11,600.00 300 34,500.00 0 0.00 0 0.00
,truction testing (fill compaction) 12 1,260.00 740 34,521.00 0 0.00 0 0.00
,ond to contractor questions 20 2,900.00 80 9,200.00 0 0.00 15 600.00
~ss contractor pay requests 10 1,450.00 20 2,300.00 0 0.00 6 240.00
. , , , ,
~L PROFESSIONAL SERVICES
!s:
Based upon a project construction estimate of $12,987,020, this fee represents approximately 8.6% of construction for ~
Additional surveying services for this project to be provided by C.L. Davis outside the scope of this work.
.E 2
NHOUR & FEE PROJECTION
GEIMPROVEMENTS
Quality ,Control Direct Total Total
MH Cost Reimb. Hours Fee Comments
j Herridge R.O.W.s NA 85,560.00 Approximately 14,260 If @ $6/lf
NA 42,240.00 Approximately 5,280 If @ $8/1f
NA 29,438.50 Approximate cost is $42.061vf of boring
NA 12,616.50 Approximate cost is $42.061vf of boring
NA 6,335.00 Approximate cost is $451vf of boring
) NA 15,341.50 Phase 1 ESA & wetland delineation for project area
10 1,250.00 625.00 630 70,000.00
10 1,250.00 250.00 245 25,325.00 Provided only if required by site conditions
85 10,625.00 2,000.00 2,185 188,969.00 Herridge, Holland, Harkey, Wayne, Berry, McLean, & Wellborn
35 4,375.00 500.00 1 ,435 137,225.00 Extending from F.M. 1128 to the Proposed Detention Pond
40 5,000.00 750.00 1,215 119,500.00
75 9,375.00 1,500.00 1,370 144,075.00
20 2,500.00 1,000.00 715 65,471.00 Reconstruct Veterans Road bridge
7 875.00 500.00 160 14,881.00 Reconstruct private bridge downstream of Veterans
0 0.00 250.00 180 23,800.00 Coordinating work of Terracon & ESPA
25 3,125.00 500.00 290 28,025.00 There will be four (4) separate bid packages for this work
0 0.00 0.00 66 7,320.00
0 0.00 0.00 32 3,620.00
0 0.00 500.00 380 46,600.00 Assumed 6 month construction duration
0 0.00 1,350.00 752 37,131.00
0 0.00 0.00 115 12,700.00
0 0.00 0.00 36 3,990.00
April 11, 20C
9,806 $1,120,163.50
lrofessional services (surveying, engineering design and geotechnical testing).
04/13/2005 09:15
7135800738
ESP A CORP
PAGE 02/08
April 1 0, 2006 (Revised April 12, 2006)
JKC & Associates, Inc.
2820 FM 517 East
Dickinson, Texas 77539
Tel.: 281.309.9100
Fax: 281.309.9300
Attention:
Mr. Jason Christian, P.E.
Subject:
City of Pearl and Bailey Road Drainage lmpr vement Project
Professional Engineering Design SelVices proposal
ESPA Proposal 06-016-Rev. 1
Dear Mr. Christian:
ESPA CORP is pleased to present this Proposal to JK & Associates, Inc., herein after
referred to as "Clienf', for professional civil engineering de~ign services. It is our understanding
that our services will include detailed design and constru n documentation for a portion of the
subject project.
SCOPE OF SERVIC S
As requested. ESPA CORP will provide the following hydraulic design and construction plans
for the re-grading of ditches along designated roadways and detailed structural design of two
culvert structures: f.
1. HYDROLOGY AND HYDRAULIC DESIGN & CONSTRUCT N DocUMENTS
ESPA CORP will provide detailed design and co truction drawings for the re-
grading of storm drainage ditches along Herrid e, Holland, Harkey, Wayne,
Berry, McLean, and Wellborn roads between CR 101 (Bailey Road) and CR 100.
Each of these roadways is approximately 5,000 feet in length. The design is
required to implement design objectives detailed In the RBailey Road Drainage
Improvements" master plan. A copy of this report will be provided to us.
The proposed work for this task will include providi19 a hydraulic evaluation of all
existing road and driveway culverts and the detailed design plans to re-grade
roadside ditches; removing deficient culverts and replacing them at appropriate
grades. ~
As part of this task, we will also prepare a Storm ater Pollution Prevention Plan
(SWPPP) Report and the detailed SWPPP desig for the contractor to use in
support of their NOI permit.
The project boundary, topographic drawings and ther required surveying data
will be provided to ESPA in AutoCAD file format lor our use in generating the
detailed design.
7120 GRANO BOULEVARD, SUITE 100, HouSToN, TExAs 77054
Ph: 713.680.0080 Fax: 113.68D.07381.ESPA-CORP.com
04/13/2005 09:15
7135800738
ESPA CORP
PAGE 03/08
City of Pearl and Bailey Road Drainage Improvement Project
JKC & AsIsoclate9
ESP A Proposal 06-016 dated Aprfl1 0, 2006 - Rev. 1
3.
DeSIGN OF VETERAN'S ROAD CROSSING DITCH CW 1 3-00
ESP A CORP will provide design and construction dtawings for the reconstruction
of the Veterans Road orossing Ditch CW 103--00 ~at the CR 100 intersection).
The hydraulic conveyance capacity required under the structure will be provided
as will the necessary geotechnical investigation and boundaryltopographic
surveys. This portion of the design work will also i~clude the development of an
appropriate Traffic Control Plan to implement the improvements.
DESIGN OF PRIVATE DRIVE CROSSING DITCH cw 1100
(DOWNSTREAM OF VETERANS RD BRIDGE)
ESPA CORP will provide detailed design and c nstruction drawings for the
reconstruction of a private oulvert crossing Ditch CWl103-00, just downstream of
the Veterans Road crossing of the Ditch.
Other services to be provided by ESPA CORP are the folio 'ng:
1. Attend the pre-bid meetings for the above] projects and answer requests for
infonnation;
2. Provide a periodic progress report and atten progress meetings with the City of
Pearl and officials during the construction phas~ of the projects;
3. Attend design coordination meetings with the dlient and regulatory agencies.
4. Provide a set of signed and sealed "as-bJilt" mylars upon completion of the
proposed improvements. Client will provide tt!lf topographic information and a set
of red-lined construction drawings showing ma r deviations from design, if any.
A 50% complete drawings of the above scope of work will be submitted approximately 60 days
after the survey and topographic information is obtained b us. The 90% complete (substantial
completion) drawings will be submitted in approximately ah additional 60 days from the receipt
of comments on the fjrst submittaL
2.
COMPENSATION
For basic services rendered as stated herein, JKC &
stipulated amount not to exceed Two Hundred and Si
Twenty One Dollars ($269,321.00). The detailed Man-h
attached to this agreement.
Fee for additional services, if required, will be determ ned per the attached Hourly Rate
Schedule. Additional services will be required for any ch~nges made by the Client, due to no
fault of the Engineer following authorization to proceed witH each phase of the project
ociates shall pay ESPA CORP a
Nine Thousand Three Hundred
ur Projection and Fee Estimate are
i .I~ ~ i?,'\
~--------- --"
, 0 " J'
Page 2 of 4
04/13/2006 09:15
7136800738
ESPA CORP
city of Pearland Bailey Road Drainage Improvement Project
JKC & Associates
ESP A Proposal 06-018 dated April 1 O. 2006 ~ Rev. 1
PAGE 04/08
TERMINATION CLAU E
The obligation to provide services under this Agreement ly be terminated by the 'Cllent" with
or without cause upon thirty (30) days written notice to ESPA CORP and by ESPA CORP for
cause upon thirty (30) days written notice to the "elienf'. I~ the event of any tennination, ESPA
CORP will be paid for all reimbursable expenses, all terh1ination expensesj and all services
rendered to the date of termination. l
If this Proposal is acceptable, please execute in the pace provided and return one (1)
executed original for our files. Thank you for allowing us Ito submit this Proposal and we look
forward to be a valuable member to your project design teah,.
Sincerely,
ESPA CORP, INC.
Karun Sreerama, MBAj PhD., P.E.
President
Attachments: Manhour Projection and Fee Estimate
Approved as to form and content by
~
Abate T. Wolde-Kirkos, Ph.D., P.E.
Project Controls Manager
this
day of
,2006.
Authorized Signature
Name and Title
Company Name
~ -~ -- - --
EEf).,\..
r 6_' r' ,-
Page 3 of 4
04/13/2005 09:15 7135800738
ESPA CORP
PAGE 05/08
City of pearland Bailey Road Drainage Improvement Project
JKC & Associates
ESP A ProposaJ OS-016 dated April 10, 2006 - Rev. 1
HOURLY BILLING RATE SCHEDULE
EFFECTIVE JANUARY 1, 2006
(Subject to Annual Revision in January)
PRINCIPAL
SENIOR ENGINEER
PROJECT MANAGER
PROJECT ENGINEER
ENGINEER
GRADUATE ENGINEER
SENIOR CADD TECHNICIAN & COMPUTER
CADD TECHNICIAN & COMPUTER
CONSTRUCTION ADMINISTRATOR (CIVIL)
PROJECT REPRESENTATIVE (CIVIL)
FIELD INSPECTOR
EXECUTIVE ADMIN ISTRA liVE ASSISTANT
SR. WORD PROCESSOR
WORD PROCESSOR
CLERICAL
$150.00
$125.00
$115.00
$ 95.00
$ 80.00
$ 75.00
$ 74.00
$ 72.00
$ 75.00
$ 70.00
$ 52.00 - $76.00
$ 74.00
$ 58.00
$ 46.00
$ 40.00
SUBCONTRACTOR AND NON-LABOR EXPENSE
SUBCONTRACT AND NON-LABOR EXPENSE SHALL BE COMPENSATED FOR AT THE
INVOICE COST PLUS AN ADMINISTRATIVE FEE OF 10%.
FINANCE CHARGE
INVOICES FOR SERVICES ARE DUE AND PAYABLE UPON PRESENTATION. A LATE
PAYMENT CHARGE WILL SE COMPUTEO AT THE PERIODIC RATE OF 1.5% PER MONTH
WHICH IS AN ANNUAL PERCENTAGE RATE OF 18%. SAID RATE SHALL BE APPLIED
TO THE UNPAID BALANCE COMMENCING THIRTY (90) DAYS AFTER THE DATE OF THE
ORIGINAL INVOICE.
- .. :--I~ ~-r~)!\
t-=..::______
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JKC & Associates, Inc.
2820 FM 517 East
Dickinson, Texas 77539
CorwuHiolj Engineers 3, Scientisls
Tarracon Consultants. Inc
::JoG:? Third Avenue. NGrth
Texas C:<ty, Texes 77590
Phone 409.945,3503
Fax 409.9455077
www.tarraCGn.com
April 10, 2006
Attn: Mr. Jason Christian
281-309-9100
281-309-9300 fax
iasonc@jkcassociates.com
Re: Proposal for Environmental Services
East of FM 1128, North of CR 100, South of CR 101, and West of ATSF Railroad corridor
and
Approximately 80 Acre Tract East of CR 101 (Veteran's Drive)
Pearland, Texas
Terracon Proposal No. 91-7015-06
Dear Mr. Christian:
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to conduct
Environmental Services at the above site.
A. PROJECT INFORMA nON
We understand the site consists of the area east of FM 1128, north of CR 100, south of CR 101, and
west of the A TSF Railroad corridor. The site also contains an approximate 78-acre tract of land located
south of CR 100 and approximately 1,300 feet east of Veterans Drive. If this is not accurate, please
inform us immediately.
B. SCOPE OF SERVICES
1. Phase I ESA
The ESA will be performed in general accordance with the consensus document known as ASTM E
1527-00, a guide for conducting environmental site assessments. The purpose of this ESA is to assist
the client in developing information to identify recognized environmental conditions (RECs) in connection
with the site as reflected by the scope of this proposal.
Physical Setting
The physical setting for the site will be described based on a review of the applicable United States
Geological Survey (USGS) topographic quadrangle map, United States Department of Agriculture
(USDA) soil survey and selected geologic reference information.
Delivering Success for Clients and Employees Since 1965
More Than 10 Offices Nationwide
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 2
Historical Use Information
lrerracon
Consulting Engineers & Scientists
A review of selected historical sources, where reasonably ascertainable and readily available, will be
conducted in an attempt to document obvious past land use of the site and adjoining properties back to
1940 or when the site was initially developed, whichever is earlier. One or more of the following selected
references, depending on applicability and likely usefulness, will be reviewed. Prior reports and land
title records including environmental liens and activity and land use limitations will be reviewed, if
provided by the client.
. USGS topographic maps
. Aerial photographs (approximate 10 to 15 year intervals)
. City directories (approximate 5 year intervals)
. Fire (Sanborn) insurance maps
. Prior reports
. Site land title records (if provided by the client)
Regulatory Records Review
Consistent with ASTM E 1527-00, outlined below are the following federal and state databases, where
applicable, which are typically reviewed for indications of RECs and the approximate minimum search
distance of the review from the nearest property boundary. A database firm will be subcontracted to
access governmental records used in this portion of the assessment. Determining the location of
unmapped facilities is beyond the scope of this assessment.
Governmental Records
Federal NPL Site List
Federal CERCLlS List
Federal RCRA Corrective Actions (CORRACTS)/TSD
Federal RCRA Non-CORRACTS/TSD Facilities List
Federal RC RA Generators List
Federal ERNS List
State Lists of State Equivalent NPL Facilities
State Equivalent CERCLlS Facilities (VCP/IOP)
State Landfill and/or Solid Waste Facilities
State Leaking UST Lists
State Registered UST Lists
State Industrial and Hazardous Waste Facilities
Search Distance
1.0 mile
0.5 mile
1.0 mile
0.5 mile
0.1 mile
Site Only
1.0 Mile
0.5 mile
0.5 mile
0.5 mile
0.1 mile
0.1 mile
In addition to the database review, a reasonable attempt will be made to interview at least one staff
member of the local fire department, the local health agency, or the local environmental agency. As an
alternative, a written request for information may be submitted to the local agency.
If the results of the regulatory records review/local agency inquiry appear to warrant a review of
applicable regulatory agency files, a cost estimate will be provided to the client for pre-approval.
Please note that all requested files may not be available from regulatory agencies within the client's
requested project schedule.
91701506Bjke pe 1. doe
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 3
lrerracan
Consulting Engineers & Scientists
Site and Adjoining/Surrounding Property Reconnaissance
A site reconnaissance will be conducted to identify REGs. The reconnaissance will consist of visual
observations of the site from the boundaries and selected interior portions of the site. The site
reconnaissance will include, where applicable, an interview with site personnel whom the client has
identified as having knowledge of the uses and physical characteristics ofthe site. Pertinent observations
from the site reconnaissance will be documented including:
. Site description (including a description of occupants)
. General site operations
. Aboveground chemical or waste storage
. Visible underground chemical or waste storage, drainage or collection systems
. Electrical transformers
. Evidence of releases (i.e. hazardous substances, petroleum products)
The adjoining property reconnaissance will consist of visual observations of the adjoining/surrounding
properties from the site boundaries and public right-of-ways.
ESA Report Preparation
Two (2) copies of a final ESA report for the site will be submitted that present the results of this
assessment, based upon the scope of services and limitations described herein. Recommendations will
be provided in the final ESA report. Identified historical REGs will be distinguished from identified current
REGs, if applicable.
Additional Services Not Included
The following services, although not specifically required by ASTM E 1527-00, may also be performed
concurrently with ESAs and may be beneficial for the evaluation of environmental conditions and/or an
evaluation of specific business environmental risks at the site. At your direction, these services have not
been included as part of the scope of services forthis ESA. Please note that this list is not all inclusive. If
you seek additional services, please contact us for a supplemental proposal and cost estimate.
. Preliminary Threatened/Endangered Species Screening
. Historical/Archeology Inquiry
Per your request, a proposal for geotechnical services is being prepared. If the site is intended for future
development, Terracon can also provide proposal for geologic hazards (like growth faulting), construction
materials testing, construction draw reviews and scope and budget reviews.
ESA Schedule
Services will be initiated upon receipt of the written notice to proceed. The final ESA reports will be
submitted within three weeks of receipt of your written notice to proceed assuming site access can be
obtained within three days.
In order to comply with the proposed schedule, the following items are reQuired to be provided
by the client at the time of notification to proceed in order to meet the client's required project
91701506Bjkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10,2006
Page 4
lrerracon
ConsuUlng Engineers & Scientists
completion date. Please include the following requested items along with the provided
checklist:
. Right of entry to conduct the assessment
. Notification of any restrictions or special requirements (such as confidentiality) regarding
accessing the site
. An accurate, legal description and a diagram of the site such as a surveyor's plat map (if such
diagrams exist)
. Current site owner, property manager, occupant information (including tenant list), and contact
information for persons knowledgeable about the site history including current and historical
use of hazardous substances, and petroleum products on site (e.g. names, phone numbers,
etc.)
. Any information relating to known or suspect environmental conditions at the site
. Information about environmental liens and activity and use limitations for the site, if any
. Specialized knowledge or experience that is material to RECs in connection with the site, if
any
. Any knowledge that the purchase price of the site is significantly less than the purchase price
of comparable properties
. A signed Agreement for Services evidencing acceptance of this scope of services
. Completed Requested Items Supplied Checklist/Questionnaire
Please note that requested regulatory files or other information may not be provided to Terracon by the
issuance date of the report. Consideration of information not received by the issuance date of the report
is beyond the scope of this ESA.
ESA Reliance
The ESA report will be prepared for the exclusive reliance of JKC Associates, Inc. Reliance by any other
party is prohibited without the written authorization of JKC Associates, Inc. and Terracon.
If the client is aware of additional parties that will require reliance on the ESA report, the names,
addresses and relationship of these parties should be provided for Terracon approval prior to the time of
authorization to proceed. Terracon will grant reliance on the ESA report to those approved parties upon
receipt of a fully executed Reliance Agreement. If, in the future, the client and Terracon consent to
reliance on the ESA, upon receipt of an additional fee, reliance will be provided through the use of
Terracon's Reliance Agreement, which must be signed by all parties.
As a condition of T erracon's consent to reliance on our reports by other authorized parties, relying parties
must agree to the terms, conditions and limitations contained in this proposal and our reports. This is
reflected in the Reliance Agreement. The limitation of liability defined in the Agreement for Services is the
aggregate limit of Terracon's liability to the client and all relying parties.
ESA Scope and Report Limitations
The findings and conclusions presented in the final ESA report will be based on the site's current
utilization and the information collected as discussed in this proposal. Please note that we do not warrant
database or third party information (such as interviewees) or regulatory agency information used in the
compilation of reports.
91701506Bjkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10,2006
Page 5
lrerracon
Consulting Engineers & Scientists
Phase I environmental site assessments, such as the one proposed for this site, are of limited scope,
are noninvasive and cannot eliminate the potential that hazardous, toxic or petroleum substances are
present or have been released at the site beyond what is identified by the limited scope of this ESA.
In conducting the limited scope of services described herein, certain sources of information and public
records will not be reviewed. It should be recognized that environmental concerns may be
documented in public records that are not reviewed. This ESA does not include subsurface or other
invasive assessments, business environmental risk evaluations or other services not particularly
identified and discussed herein. No environmental site assessment can wholly eliminate uncertainty
regarding the potential for RECs. The limitations herein must be considered when the user of this
report formulates opinions as to risks associated with the site. No warranties, express or implied, are
intended or made.
2. Wetlands and Waters of the U.S. DeterminationlDelineation
The objective of this Wetlands and Waters of the U.S. (WATERS) Determination/Delineation is to
gather data and map wetland boundaries, to render an opinion regarding the absence or presence of
potential WATERS, including potential wetlands, and their boundaries to allow avoidance,
minimization and potential mitigation for site development. This information can be used to seek
concurrence from the U.S. Army Corps of Engineers (USACE) regarding the presence/absence of
potential WATERS their size, location and boundaries, in connection with a property. The USACE is
the final authority in making the jurisdictional (final) determination. Please note that the following
scope of services is intended to be submitted to the USACE for its concurrence and satisfies one of
the requirements for submitting a permit application to the USACE.
The study will be conducted in general accordance with the current federal criteria for identifying
WATERS as outlined in Technical Report Y-87-1, otherwise known as the Corps of Enqineers
Wetlands Delineation Manual (hereinafter referred to as the "1987 Manual") set forth by the USACE.
The 1987 Manual defines wetlands as those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. In
summary, for an area to be deemed jurisdictional WATERS it must meet all of the following criteria:
more than 50 percent of the dominant plant species must be considered hydrophytic, soils must be
hydric, wetland hydrology must be present and a surface connection to WATERS must be identifiable.
This scope includes several tasks dependent upon site conditions and plans for development. They
are as follows:
Task 1: Resource Review
USGS Topographic Quadrangle Maps, Department of the Interior National Wetland Inventory (NWI)
Maps, USDA Natural Resources Conservation Service (NRCS) county soil surveys, Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Maps and recent aerial photographs
will be reviewed to evaluate indicators of WATERS.
Task 2: Wetlands and Waters of the U.S. Determination/Delineation
Boundaries of WATERS will be defined by marking the perimeter of each area with pin-flags and/or
surveyors tape for subsequent surveying/mapping. The survey/mapping will allow calculation of each
91701506Bjkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 6
lrerracan
Consulting Engineers & Scientists
respective area's acreage and allow evaluation of potential impacts to the identified WATERS by the
proposed activities.
Potential WATERS and other habitat types will be mapped using a Tremble Pro XRS Pathfinder
differentially corrected GPS mapping system, accurate to one meter. GPS data collected in the field
will be stored and down loaded to an existing GAD database using Pathfinder software. The mapping
will locate and allow calculation of each respective habitat location and area. During the on-site field
activities, Terracon will identify conditions specific to the site including habitat types, location of
wetlands and their respective size. Mapping data will be used to support permitting strategies and site
drawings used in the perm itting process.
In the event the site is heavily vegetated with a thick overstory, obtaini ng a signal from satellites for
the GPS receiver may not be possible. GPS requires an unobstructed view of the sky to enable
acquisition of satellite signal. Terracon will contact the client immediately if conditions prohibiting the
use of GPS for wetland boundary mapping are encountered. In this case, it will be necessary for the
delineated wetland boundaries to be surveyed by traditional means by a Texas Licensed Registered
Professional Land Surveyor. This proposal does not include the cost for traditional surveying of the
delineated wetland boundaries. Please note that the surveying should be performed shortly after the
delineation occurs to avoid the possible disappearance or misplacement of the pin-flags/flagging
Please note that the USAGE is the final authority in approving the delineation. If requested, Terracon
will be available to review and discuss the findings on site with the USAGE representative.
Task 3: Jurisdictional Determination
Terracon will render an opinion regarding the extent of jurisdiction based on our understanding of
current USAGE practices and field observations. The USAGE is the final authority in making the
jurisdictional (final) determination.
Task 4: Preparation of Report
Upon completion of the previously discussed tasks, a delineation report will be prepared, which will
document potential WATERS in connection with the property, and Terracon's recommendations for
additional protocol, if necessary. The report will include a delineation map, prepared from GPS data or
from the traditional survey of the wetland boundaries. The Delineation Map will depict the location and
size of apparent jurisdictional waters associated with the site. Five copies of the final report will be
submitted to the client.
Task 5: Report Submittal to the USACE
Upon completion of the Wetland Determination/Delineation report, Terracon will, upon the client's
request, submit the determination/delineation report to the Galveston District Office of the USAGE for
their concurrence. In the event the client does not want the report submitted to the USAGE, the
reports will be submitted directly to the client.
Task 6: Permitting Assistance
As a result of Terracon's Wetland Determination/Delineation report, additional services may be
warranted such as mitigation plan preparation, banked wetlands purchase assistance, permit
91701506Bjkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 7
lrerracon
Consuklng Engineers & Scientists
submittal, correspondence with the USAGE, meetings, and/or additional site visits. Gosts for
permitting assistance are considered out of scope for this proposal.
Schedule
Terracon is prepared to commence work on this project upon receipt of written authorization to
proceed. Significant rainfall preceding the site visit and/or other hindering site conditions could affect
the results of the field assessment. Several days may be required for site conditions to return to
normal. If the client is aware of a significant rainfall event, the client should contact Terracon to
consider a revised schedule, scope of services, and/or budget.
The estimated schedule for these scopes of services is summarized in the following table.
Task Task Description Proposed
Schedule
Task I Review of existina wetland information Five davs
Task II Field services including mapping and delineation of wetland Ten Days
features
Additional charges may also be incurred as the result of the following conditions. If these additional
charges are incurred, Terracon will provide the client with a change order reflecting the new cost
estimate.
. Project extension, and/or project modifications as requested by the client outside of this
scope.
. Regulatory agency (USAGE) requests information or tasks.
. Additional correspondence with the USAGE, meetings, and/or additional site visits are
required.
C. COMPENSATION
The Scope of Services as outlined in this proposal will be billed on a time and materials basis in
accordance with the attached fee schedule. A summary of the estimated fees for the proposed scope
of services is provided below and a breakdown of the fees is included at the end of this proposal. If
as a result of these services, additional work is required outside the scope of this proposal, we will
contact you and a revised cost estimate for the additional work will be provided. No work outside the
scope of this proposal will be completed by Terracon without your prior approval.
917015068 jkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 8
lrerracan
Consulting Engineers & Scientists
Estimate of Fees
Scope of Services
Phase I ESA
Wetland Delineation, Natural Resources Consulting
Total Estimate
Fee Estimate
$4,314.00
$11,027.50
$15,341.50
Terracon will submit progress invoices at a frequency of approximately once per month.
D. ADDITIONAL SERVICES
The following additional services may be required as a result of the proposed Wetlands and Waters of
the U.S. Determination/Delineation. These scopes of services are not included in Terracon's scopes
of services for this proposal, but are briefly described, along with an indication of costs typically
associated with such services.
Completion of Permit Application
The appropriate USACE and TCEQ permit forms will be completed, detailing the current site
conditions, proposed development plans, potential impacts to on-site waters, and plans to avoid,
minimize, and/or mitigate for these impacts. Portions of these forms (including the purpose of
development and an analysis of other properties considered for development prior to the decision to
develop the site) will be completed by the client. Supplemental information to be provided with the
permit applications includes a scaled drawing of the site showing the surveyed on-site waters, a
USGS topographic map of the site, photographs of the site and conceptual drawings of proposed
development. Also, it may be necessary to correspond with the U.S. Fish and Wildlife Service and the
State Historical Preservation Office to evaluate if planned development activities on the site will impact
any known threatened/endangered species and/or cultural resource (historical/archaeological) sites.
Any correspondence received from these agencies should be submitted with the permit application. If
requested, a meeting with the USACE will be scheduled prior to permit submittal, in order to receive
an informal review of the permit application from the USACE. This meeting may streamline the
application process by introducing the project to the USACE and gauging what additional information
the USACE may want to see in the permit application.
Wetland Mitigation Plan
A compensatory mitigation plan will be drafted and submitted with the permit application. Options for
waters mitigation include constructing or improving waters on-site or off-site, purchasing credits from a
mitigation bank, or investing in a wetland creation project managed by a non-profit organization or a
for-profit business. The mitigation plan should include a description of efforts made to avoid and
minimize wetlands impacts, a description of the area upon which mitigation will be performed
including a delineation of existing waters at the proposed mitigation location, a description of
the mitigation effort itself and its impacts (including, if needed, sketches of the created or improved
waters, a planting plan, and a description of desired hydrology), and a proposal for maintenance and
post-mitigation monitoring.
917015068 jkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 9
lrerracon
Consulting Engineers & Scientists
Terracon will assess the mitigation options that would be available to the client and assist the client in
selecting the desired option. The following table lists the types of mitigation options that are commonly
used along with respective positives and negatives.
Mitigation Options Positives Negatives
No Impacts No mitigation required, no USACE Leaves portions of the site unavailable for
involvement development, requires measures to avoid
impacts to on-site wetland areas
On-Site/In Kind (same type of wetlands Lower mitigation ratios, provide detention Dedicates portions of the site to
as found on project site that are to be area, lessen impacts to other WATERS mitigation leaving them unavailable for
impacted) development
On-Site/Out of Kind (wetlands that are of Provides detention area, lessen impacts Requires more area be set aside for
different vegetative community structure to other WATERS mitigation leaving greater portions of the
as those wetlands as found on project site unavailable for development
site that are to be impacted)
Off-Site/In Kind Makes entire site available for Expensive, requires purchase of property
development to construct wetlands that are
comparable to those impacted, requires
at least five year success monitorinq
Off-Site/Mitigation Bank Purchase Make entire site available for Expensive, requires mitigation plan and
development, allows client to purchase initial coordination with mitigation bank
and "forqet it" monitored by the bank
In Lieu of Fee Fee paid to private or public entity Expensive, requires mitigation plan and
preparing mitigation, allows client to walk initial coordination with entity preparing
away with no monitoring mitigation
All of the above options, except for the "No Impacts" option, require a mitigation plan be submitted to the
USAGE; however, the purchase of banked wetlands or payment of an In Lieu of Fee can utilize an
existing mitigation plan that has been prepared for the banked or other mitigation area by adding the
client's proposed actions to the existing plan. Additionally, all but the first option require coordination with
the USAGE and will require the review by the USAGE of the proposed action, this can take from 60 to 120
days for review and comment and may require greater time to allow adjustments to the plan to adhere to
the USAGE requirements.
Mitigation may be required for impacts authorized through a Nationwide Permit or Individual Permit.
Mitigation alternatives include, but are not limited to, preservation, enhancement and replacement.
Based on the status of the project to-date, preparation of preliminary budgetary estimates for
mitigation is impractical at this time. At the clients request Terracon can prepare a proposal to detail
the costs associated with permitting for impacts to WATERS that is specific to the project parameters.
E. AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services and
returning it to Terracon. The terms, conditions and limitations stated in the Agreement for Services
(and section of this proposal incorporate therein) shall constitute the exclusive terms and conditions
and services to be performed for this project. This proposal is valid only if authorized within ninety
(90) days from the proposal date.
91701506Bjkc pe1.doc
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 10
lrerracon
Consulting Engineers & Scientists
We appreciate the opportunity to provide this proposal and look forward to working with you on this
project. If you have any questions or comments regarding this proposal or require additional services,
please give us a call.
Sincerely,
Terracen
~~
prepar~9 by: /
/ ' j
r/"".-'"..,"y......J1i. j _ \ '// 1./1
/ ., //1)1/ 'y I
/ / / (IV yj.,A.~ Y y
L~,QJ~K Franklin
Environmental Manager
Galveston County Office
Reviewed by:
'[&o'.~ ,f;"Jt. r__
~k:.- j&,'L1i(/~ //-/
L /
fifiJon D. Stephens
Project Manager
Natural Resource Services
Houston Office
Attachments: Requested Items Supplied Checklist/Questionnaire
Agreement for Services
Fee Schedule
Breakdown of Fees
917015068 jkc pe1.doc
Signed by:
jm~
J"" Thomas R!f:./:/S
f Principal
Environmental Manager
Houston Office
JKC Associates, Inc.
Proposal No. 91-7015-06
Apri/10, 2006
Page 11
lrerracon
Consulting Engineers & Scientists
Phase I ESA - Requested Items Supplied Checklist/Questionnaire
Please check the box for the required Phase I ESA items that are provided, or complete required information where
applicable
Not Contacts/Comments If not yet
Item Applicable, Item Requested or available;
Supplied Not Available (See Proposal) Indicate Attachment date
"X" or Not Known when
lIX"
Access Restrictions
Name:
Point of contact for access Phone:
Notification of Special Requirements
regarding Confidentiality
Legal Description and Diagram/Survey of
Site
Name:
Current Site Owner
Phone:
Chain of Title with Grantor/Grantee
Summary
(if client reauests Terracon's review)
Name:
Historical Contact Provided
Phone:
Previous Site Reports
Information regarding Suspect
Environmental Conditions at the site
Knowledge of Environmental Lien
Information
Specialized Knowledge of RECs
Completed "Requested Items Supplied
Checkl isVQuestion naire"
91701506Bjkc pe1.doc
JKC Associates, Inc.
Proposal No. 91.7015.06
Apri/10, 2006
Page 12
lrerracan
Consulting Engin~rs & Scientists
TERRA CON
ENVIRONMENTAL CONSULTING SERVICES
FEE SCHEDULE - 2006
Hourly Fees for Personnel
Principal................................................................................ ........................................ $ 135.0.0.
Senior Project Manager.......... ....... ......... ................................ ......... ............. ................ ............... $ 120..0.0.
Project Manager .......................................................................................................................... $ 110..0.0.
Environmental ProfessionallV..... ........ ............... ......... ........ ........... .............. ................ .............. $ 10.5. DO.
Environmental Professional 111.. .. ... ......................................... ........... ...................... ..... ......... ....... $ 95. DO.
Environmental Professional 11........ ... ................. ........ ......... ......... ...... ..... .......... ............. ............... $ 85. DO.
Environmental Professionall......................................................................................................... $ 75. DO.
Environmental Technician 11..... ......... .................... ........ ....... ............. ......................... ... ...... ... ....... $ 68.0.0.
Environmental Technician 1........................................................................................................... $ 52. DO.
Draftsperson/CAD Operator 11 ..................................................................................................... $ 65.0.0.
Draftsperson/CAD Operator 1....................................................................................................... $ 55.0.0.
Administrative Assistant................................................................................................................. $ 50.. DO.
Word Processor.............................................................................................................................. $ 45. DO.
Clerical.................................................................................................................................. ........ $ 40.. DO.
Reimbursable Expenses
Reimbursable ................. ... ..... ............................................................... ............................ Cost Plus 20.. %
Travel Expenses
Airfare/Car Rental........ ........................................... ..................................................... .... Cost Plus 20.. %
Vehicle Mileage. per mile ................................................................................................................ $ 0..60.
Per Diem (food and lodging) ......................................................................................................... $ 90..0.0.
Document Delivery/Overnight (per package) ................................................................................ $ 20..00
Field Equipment
Disposable Bailer (each).......... ............................................ ........... ................ ........ ...... ............ ..... $ 20.. DO.
PlD Meter (per day)..................................................................................................................... $ 110.0.0.
Water Level1ndicator (per day)..................................................................................................... $ 35.0.0.
pH/Conductivity/Temperature Meter (per day)....... ............................... ............................. ........... $ 35.00
1nterface Probe (per day)............................................................................................................... $ 85.0.0.
Survey Equipment (Autolevel and Rod - per day)........................................................................ $ 100.0.0.
Submersible Purge Pump (per day) ............................................................................................... $ 35.0.0.
Peristaltic Pump (per day) ............................................................................................................. $ 60..0.0.
Low-Flow Bladder Pump (per day).............................................................................................. $ 10.0..0.0.
Sample Kit (per day) ...................................................................................................................... $ 35.0.0.
Handheld GPS 1nstrumentation (per day)...................................................................................... $ 45.0.0.
Tremble Pro XRS Pathfinder Backpack GPS (per day) .............................................................. $ 165.0.0.
20.' Ladder (per day) ...................................................................................................................... $ 20..0.0.
Low Flow Air Pump (per day)........................................................................................................ $ 35.0.0.
High Flow Air Pump (per day) ...................................................................................................... $ 50..0.0.
1AQ 1nstrumentation (QTRAK. Moisture Meter) (per day) ............................................................ $ 50..0.0.
Hand Auger (per day) .................................................................................................................... $ 25.0.0.
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