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R2001-0048 04-09-01RESOLUTION NO. R2001-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH WALSH/FREESE AND NICHOLS, INC. - LOCKWOOD, ANDREWS & NEWNAM, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD IMPROVEMENT 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 Walsh/Freese and Nichols, Inc. - Lockwood, Andrews & Newnam, Inc., 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 Walsh/Freese and Nichols, Inc. - Lockwood, Andrews & Newnam, Inc. for engineering services associated with the Dixie Farm Road Improvement Project. PASSED, APPROVED and ADOPTED this the 9 day of April A.D., 2001. ATTEST: APPROVED AS TO FORM: Oic,„,v, . (z-h.,-- DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR CONTRACT FOR ENGINEERING SERVICES STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA & COUNTY OF HARRIS TH S ENGINEERING CONTRACT, made and entered into and executed this 16 day of (i \ , 2001, by and between the City of Pearland, hereinafter called the "Owner" an Walsh/Freese & Nichols, Inc. - Lockwood, Andrews & Newnam, Inc., a Project Team, hereinafter called the "Engineer". WITNESSETH WHEREAS, the Owner desires to contract for engineering services concerning widening of Dixie Farm Road, from 2 to 4 lanes divided from Beamer Road to State Highway 35 in Pearland, in Brazoria and Harris Counties, Texas. AGREEMENT NOW, THEREFORE, the Owner and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the project as stated in the sections to follow and outlined hereinafter; and for having rendered such services. The Owner agrees to pay to the Engineer compensation for these services as mutually agreed. 1. Scope of Services A. Services of the Owner The Owner will furnish items as listed in Attachment A, "Services to be Provided by the Owner," attached hereto and made a part of this engineering contract. B. Services of the Engineer The Engineer will furnish engineering and/or surveying services as outlined in Attachment B, "Services to be Provided by the Engineer," attached hereto and made a part of this engineering contract prior to the execution of this contract. These services will be accomplished within the specified time and the contract cost determined shown in Attachment C, "Project Schedule", and Attachment D, "Fee Schedule" respectively. 2. Progress. After execution of this contract, the Engineer shall not proceed with the services until advised in writing by the Owner to Proceed. The Engineer shall, from time to time during the progress of the project, confer with the Owner. The Engineer shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Owner in order to evaluate features of the work. At the request of the Owner or the Engineer, conferences shall be provided at the Engineer's office, the office of the Owner, or at other locations designated by the Owner. These conferences shall also include inspection of the Engineer's services when requested by the Owner. All reviews and approvals of deliverables accomplished by the Engineer will be by the Houston District of the Texas Department of Transportation, hereinafter called TxDOT, and by the Owner in accordance with the attachments of this contract. The Engineer shall maintain the "Project Schedule" shown as Attachment C so that the "Services to be Provided by the Engineer" under this contract can be accomplished within the specified time. This "Project Schedule" will provide specific task sequence and definitive review times by the Owner and the Engineer of the services performed. Should the Owner desire to suspend the services, but not terminate the contract, this may be done by thirty (30) days notice given by the Owner in writing to that effect. The services may be reinstated and resumed in full force and effect upon receipt from the Owner a notice in writing to that effect. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer, who, in the opinion of the Owner, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. The Engineer certifies that he will have, for the duration of this agreement, adequate qualified personnel in his employment for performance of the services required under this contract. The Engineer shall prepare and submit to the Owner monthly progress reports (which may be in bar graph format) in sufficient detail to support the progress of the services and in support of voucher requesting monthly payment. The Engineer shall furnish all equipment, materials, and supplies required to perform his services under this contract except as provided herein. 2 3. Changes of Scope. If the Owner finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Engineer shall make such revisions if requested and as directed by the Owner. This will be considered as additional services and paid for as specified under paragraph Additional Services. 4. Additional Services. Services not specifically described under "Services to be Provided by the Engineer" must be approved by supplemental agreement to this contract by the Owner. If the Engineer is of the opinion that any effort he has been directed to perform is beyond the scope of this agreement and constitutes additional services, he shall promptly notify the Owner in writing. In the event the Owner finds that such services does constitute additional services, then the Owner shall so advise the Engineer, in writing, and shall provide extra compensation to the Engineer for performing this services on the same basis as covered under "Compensation" and as provided under a supplemental agreement. The final fee shall be adjusted if additional services are approved by supplemental agreement and performed by the Engineer. 5. Compensation. The Owner shall pay and the Engineer shall agree to accept in full compensation for the engineering services under this contract the fees outlined below. The Engineer will be paid on the basis of lump sum fee in accordance with Attachment B. Invoicing shall be prepared based on percent completion of task involved on the project. Lump sum billing shall include overhead cost and fixed fee. The Engineer shall be reimbursed for his direct non -salary costs including itemized expenses incurred and subcontract costs and associated general and administrative costs, which are directly attributable and properly allocable to the work. The actual costs that are reimbursable are those costs attributable to the specific work and allowable under the provisions of 48 CFR Chapter 1, Part 31, Federal Acquisition Regulation (FAR 31). The maximum amount payable under this contract without modification of the contract is $1,573,098.65. The maximum amount payable may be revised in the event of change of scope, as authorized by the Owner, and agreed by the Engineer. 6. Method of Payment. Payments to the Engineer for services rendered will be made monthly based upon the Engineer's monthly progress report with sufficient detail to support the progress of work. Monthly payment of the fee will be in proportion to the work as it progresses, but not to exceed the total maximum amount payable under this contract. The statements shall show the total amount earned to date of submittal and the amount due and payable as of the date of the current statement. 3 The original TxDOT Form 132, or an invoice that is acceptable to the Owner/State, and four (4) copies should be submitted to the Owner to expedite processing. Upon receipt and approval of each statement, the Owner shall pay the amount which is due and payable within ten (10) days' time after the Owner's receipt of payment from the State. 7. Subletting. The Engineer shall not sublet or transfer any portion of the work under this contract unless specifically approved in writing by the Owner. Subcontractors shall comply with the provisions of this contract. The Owner shall approve all subcontracts in writing prior to the subcontractor's commencement of work. 8. Civil Rights Compliance. The Engineer shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, and Title 23, Code of Federal Regulations, Part 710.405(b). 9. Disadvantaged/Minority Business Enterprise Requirements. The Engineer agrees to comply with the policy of supporting the fullest possible participation of firms owned and controlled by Disadvantaged Business Enterprises (DBE). The "Disadvantaged Business Enterprise (DBE)" means a small business concern, as defined pursuant to Section 3 of the Small Business Act and relevant regulation promulgated pursuant to; (1) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals. In the case of any publicly owned business, with least 51 percent of the stock owned by one or more socially and economically disadvantaged individuals. (2) Whose management and daily business operations are controlled by one or more of the socially disadvantaged individuals who owns it, as certified by the Texas Department of Transportation. "Socially and economically disadvantaged individuals" are those who are citizens of the United States (or lawfully admitted permanent residents), and who are Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act. For convenience, these individuals and groups are referred to as "disadvantaged" in this subpart. The percentage goal for Disadvantaged Business Enterprise (DBE) participation in work to be performed under this contract is a minimum of 15% of the contract amount. 10. Termination of Contract. The contract may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties thereto. 4 B. By the Owner by notice in writing to the Engineer as consequence of failure by the Engineer to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Engineer. C. By either party, upon failure of the other party to fulfill its obligations as set forth in the "Services to be Provided by the Engineer." D. By the Owner for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. E. By satisfactory completion of all services and obligations described herein. Should the Owner terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer including reasonable costs associated with termination. Payment for work at termination will be based on scope completed at that time. If the Engineer defaults in performance of this contract, the Owner will terminate the contract for fault on the part of the Engineer, and will give consideration to the actual costs incurred by the Engineer in performing work to the date of default. The remaining value of work required to satisfactorily complete from the date of default, will be the cost to the Owner of employing another firm to complete the work required and the time required to do so. Other factors affecting the value of work to the Owner at time of default will also be considered. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, obligations and liabilities of the Owner and the Engineer under this contract. 11. Disputes. Owner and Engineer agree to negotiate in good faith for a period of 45 days from the date of notice of all disputes between them prior to exercising their right to mediation. Owner and Engineer agree that they shall submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to this contract or the breach thereof ("disputes") to mediation by the Alternative Dispute Resolution Process as provided by Title 7 of Texas Practice and Remedies Code. Should all other methods of the dispute resolution fail to resolve the claims, it is agreed that said disputes shall be governed by the laws of the principal place of business of the Owner, and the venue shall be maintained in Brazoria County, Texas. 12. Ownership of Documents. Upon completion or termination of this contract, all documents prepared by the Engineer or furnished to the Engineer by the Owner shall be delivered to and become the property of the Owner. All basic sketches, 5 charts, calculations, plans, specifications, and other data prepared under this contract shall be made available, upon request, to the Owner without restriction or limitation on their further use. The Engineer may, at his own expense, have copies made of the documents or any other data he has furnished the Owner under this contract without restriction or limitation on their further use by him. The Owner shall save harmless the Engineer, its officers and employees from all claims and liabilities arising out of any future use other than the design produced under this contract. 13. Compliance with Laws. The Engineer shall comply with all appropriate Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this Contract, including, without limitation, workmen's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the Owner with satisfactory proof of his compliance therewith. 14. Indemnity. To the fullest extent allowed by law, the Engineer agrees to indemnify and hold harmless the Owner, its officers, agents, representatives, and employees from liability suits, claims and causes of action on account of any damages, including court costs and all reasonable attorney fees, incurred by any person(s) or property proximately caused by the intentional or negligent errors or omissions of the Engineer or its officers, agents, or employees that results from the execution, operation or performance of the activities and duties under the Contract or damage incurred to the Owner, its officers, agents, representatives, and employees from the reliance upon documentation supplied by the Engineer, and which is later determined to be in error, for services requested under this Agreement. To the extent allowed by law and when no governmental immunity is available, Owner agrees to indemnify and hold harmless the Engineer, its officers, agents, representatives, consultants, and employees from liability, suits, claims, causes of action on account of any damages, including court costs, incurred by a person(s) or property caused by employees that results from the execution, operation or performance of the activities and duties under the Contract or damage incurred to the Engineer, its officers, agents, representatives, and employees from the reliance upon documentation supplied by Owner, and which is later determined to be in error, with respect to the Contract. It is also agreed and understood that Engineer shall have no responsibility whatsoever for any damages or claims resulting from the presence, discharge, release, or escape of Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material at, on, under or from the Project Site. In the event Engineer becomes aware of the existence of such Hazardous Wastes, he shall immediately notify Owner. 6 15. Engineer's Warrant. The Engineer warrants that he has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, 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 working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the Owner shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 16. Successors and Assigns. The Owner and the Engineer each binds himself, his successors, executors, administrators and assigns to the other party to this contract and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this contract. Neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this contract without written consent of the other. 17. Engineer's Seal. The Engineer shall place his Texas Professional Engineer's seal of endorsement on all documents and engineering data furnished by him to the Owner. 18. Inspection of Engineer's Books and Records. The Owner may , for purpose of termination of the contract prior to completion, examine the books and records of the Engineer for the purpose of checking the amount of the work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at this office during the contract period for inspection by the Owner. 19. Warranties of Signatory. The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above -stated representations and warranties are made for the purpose of inducing the Owner to enter into this contract. 20. Insurance. The Engineer shall provide and maintain, until the work covered in the Agreement is complete and accepted by the Owner, the minimum insurance coverages as follows: A. Workers Compensation insurance at statutory limits, including employer's liability coverage at minimum limits of $100,000 per occurrence each accident/$500,00 by disease each occurrence/$100,000 by disease aggregate. 7 B. Commercial Automobile Liability insurance at minimum combined single limits of $500,000 per occurrence for bodily injury and property damage, including owned, non -owned, and hired car coverage. C. Errors and Omissions coverage, the following conditions will apply: 1) Engineers and/or Architects Errors & Omissions with minimum limits of 1 million, including design/build consultants. 2) This coverage must be maintained for at least two (2) years after work under this Contract is completed. If coverage is written on a claims -made basis, a policy retroactive date equivalent to the inception date of the Contract or earlier must be maintained during the full term of the Contract. Any consultants hired by the Engineer should maintain Errors and Omissions Coverage insurance equal to that required of the Engineer. It is the Engineer's responsibility to assure compliance with this provision. The Owner accepts no responsibility arising from the conduct, or lack thereof, of the Engineer's consultants. D. With reference to the foregoing insurance requirements, Engineer shall specifically endorse applicable insurance policies as follows: 1) The Owner shall be amended as an additional insured with respect to general liability and automobile liability. 2) All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 3) A waiver of subrogation in favor of the Owner shall be contained in the Workers Compensation policies. 4) All insurance policies shall be endorsed to require the insurer to notify in the shortest possible time the Owner of any material chance in the insurance coverage. 5) All insurance policies shall be endorsed to the effect that the Owner will receive at least sixty (60) days notice prior to cancellation or non -renewal of the insurance. E. To the extent possible, all insurance shall be purchased from an insurance company that meets the following requirements: 1) A financial rating of A: V 111 or better as currently assigned in BEST'S KEY RATING GUIDE. 2) Licensed and admitted to do business in the State of Texas. Non -admitted carriers are acceptable only if the coverage is not available from an admitted carrier and the following criteria is satisfied: i. The carrier is approved by NAIC, or is approved or has not been disapproved by the Texas Insurance Commissioner. ii. The policy must include a Service Suite Endorsement. iii. To the extent possible, the policy should contain a Cut -Through Endorsement. F. All insurance must be written on forms filed with and approved by the Texas State Board of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the following: 1) Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. 2) Shall specifically set forth the notice of cancellation or termination provisions to the City of Pearland. 3) Engineer shall provide certificates of insurance required under this provision within ten (10) days of execution of this Agreement. 18. Gratuities. Any person doing business with or who may reasonably speaking do business with the Owner under this contract may not make any offer of benefits, gifts, or favors to employees of the Owner. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. 9 IN WITNESS WHEREOF, the parties to Contract for Engineering Services have signed or cause their respective names to be signed to duplicate counterparts hereof on the 1 D day of , 2001. Engineer Owner Robert F. Pence, P.E. Alan Mueller Vice President Interim City Manager Walsh/Freese & Nichols - City of Pearland Lockwood, Andrews & Newnam, Inc. Project Team - 10 - OA, ATTACHMENT "A" SERVICES TO BE PROVIDED BY THE OWNER Dixie Farm Road From State Highway 35 to Beamer Road Harris & Brazoria Counties CSJ: 0912-31-108 Texas Department of Transportation and/or the City of Pearland thereafter referred to as TxDOT and/or City respectively will furnish to the Engineer the following items (subject to availability and need): 1. Roadway design requirements. 2. Furnish available horizontal and vertical control points with descriptions. 3. Furnish available right-of-way map. 4. Furnish any existing construction plans, engineering reports, master -plan studies and electronic files related to the project: a. Available existing planimetrics, design files, and Digital Terrain Model files in MicroStation and/or AutoCAD. b. Available existing roadway cross sections in GEOPAK format, on CD-ROM or floppy diskette, and on paper at the required scale and intervals, for the limits of the project. c. Available aerial photographs. 5. Furnish available plans for any projects adjacent to the project. 6. Provide geo-technical investigation including settlement analysis, bearing capacity, and slope stability analysis for retaining walls, if available. 7. Provide available existing traffic counts and design year traffic projections necessary to develop the signal and traffic control plans as needed to supplement current existing traffic counts. 8. Provide approved pavement design for temporary and permanent pavement. This includes the thickness and specification for each pavement layer, and specifications for subgrade stabilization. 9. Negotiate with all utility companies for any agreements and/or relocations required. A-1 10. Provide available and all applicable special specifications, special provisions, and updated list of bid items applicable to the project. 11. Fumish available and applicable 11" x 17" paper prints of Houston District applicable design standards. 12. Assist the Engineer, as necessary, to obtain the required information from other local, regional, state and federal agencies. 13. Provide the Engineer with timely review and decisions necessary for the Engineer to maintain the contracted project schedule. 14. Make available to the Engineer the reproduction facilities and the appropriate project files of the Houston District office. 15. Make available to the Engineer computer privileges to use TxDOT's computer facilities. Data must be submitted in a format acceptable to TxDOT. Data shall transferred into TxDOT's computer by TxDOT personnel. 16. Assist the Engineer to coordinate with the BRIO Task Force in environmental sensitive areas. A-2 ATTACHMENT "B" SERVICES TO BE PROVIDED BY THE ENGINEER Dixie Farm Road From State Highway 35 to Beamer Road Harris & Brazoria Counties CSJ: 0912-31-108 The services to be performed by the Engineer under this work authorization consists of providing engineering services required for the preparation of Plans, Specifications and Estimates (PS&E.) The PS&E shall be prepared in accordance with the requirements and policies of the Texas Department of Transportation and the City of Pearland there after referred to as "TxDOT" and the "City" respectively. The proposed construction consist of widening approximately 5.16 miles (8.300 kilometers) of existing Dixie Farm Road two to four lane undivided curb & gutter roadway with shoulders/bike lanes, and sidewalks. Four stream crossing structures; at Cowart Creek, Mary's Creek By-pass, Mary's Creek, and Mud Gully will be either widened or replaced. The Engineer will prepare construction plans consisting of grading, paving, drainage, removal plans, signing, illumination, traffic signals, pavement markings, traffic control plans, bridge layouts, bridge structure, storm water pollution prevention plans, and other related engineering details. PS&E completed shall be developed in English units, suitable for TxDOT bidding and awarding for construction. The final PS&E plans shall be submitted on 4-mil double -matte standard mylars, size 11" x 17", signed and sealed by a professional engineer registered in the state of Texas. Intermediate submittals by the Engineer will consist of one set of 11" x 17" paper set of plans. The Engineer shall furnish equipment, materials, supplies, and incidentals required to perform the above mentioned engineering work, except as otherwise specified in Attachment "A" which precedes this section. The PS&E's for the above work shall be prepared in accordance with all current and applicable TxDOT and/or City Design Specifications, Standard Drawings and Design Manuals. Whenever possible, TxDOT and/or City standard drawings, current special specifications and special provisions will be used. If new one -time -use special provisions or special specifications are required, they will be developed in accordance to TxDOT format and, to the extent possible, utilize previously approved special provisions or special specifications. The Engineer will be required to complete the design work in an orderly manner according to the bar chart project schedule established in Attachment "C". Monthly progress report for each PS&E segment will be submitted documenting the work accomplished during the month along with an updated bar chart indicating the percentage of completion of each task and shown on B-1 Attachment "C". The Engineer will meet with designated TxDOT and City representatives on a regularly scheduled basis to report on the project progress. Following each meeting with TxDOT and the City, the Engineer will submit a memorandum summarizing the minutes of the meeting. The Engineer shall prepare a construction contract time schedule using Primavera / SureTrak or equivalent software in accordance with TxDOT Administrative Circular No. 17-93 for the 100 percent PS&E submittal. The Engineer intends to use MicroStation and AutoCAD to fully or partially develop the PS&E. A copy of the MicroStation files of the PS&E drawings will be furnished to TxDOT at project closeout. These computer graphic files submitted in accordance with "TxDOT Document and Information Exchange." The Engineer shall invoice on a lump sum basis according to Function Code breakdowns and work tasks outlined in Attachment "D", entitled "Fee Schedule". The Engineer will prepare and furnish necessary design output files (alignments, and cross sections) to TxDOT prior to advertisement for bids, in accordance with Administrative Circular 24-93, "Contractor Access to Earthwork Construction Cross Section Data." The engineering work on this project will be performed at Walsh/Freese & Nichols, Inc., 2010 E. Broadway, Pearland, Texas 77588, and at Lockwood, Andrews and Newnam, Inc., 1500 City West Boulevard, Houston, Texas 77042. Field work, shall be performed on -site, and sub - consultant work shall be performed in the office of approved sub -consultant firms. The PS&E for the work outlined below will be completed and submitted to TxDOT and the City within the negotiated contract time period, following the notice to proceed received in writing. The engineering work under this contract is outlined according to each task to be performed in this Attachment `B", entitled "Services to be Provided by the Engineer." Project Management A. Develop project planning and organization. B. Provide project supervision and coordination. C. Provide production and engineering quality control and quality assurance. D. Provide general management and administrative functions. II. Data Collection, Review, and Evaluation A. Review and evaluate all vertical and horizontal control data furnished by TxDOT/City. B-2 B. Obtain and review all available as -built and proposed plans from various public and private agencies, such as TxDOT, Harris and Brazoria Counties, City of Pearland, Drainage Districts, and utility companies. C. Evaluate the impact of any existing and ongoing construction by others to the design of this project. III. Design Concept Conference A. Assist TxDOT/City in preparing the Project Design Elements form or Design Summary Report (DSR). B. Attend the Design Concept Conference. IV. Survey (Function code 150) The Engineer will provide surveying services to establish the project baseline on the ground, locate and tie existing utilities to the project baseline, supplement existing topography and to develop a more detail and complete Digital Terrain Model. A. Establish primary horizontal control baseline along project route and tie to existing TxDOT, County, and/or City horizontal and vertical control points. Establish baseline control points using 5/8-inch iron 36-inches long at 1,000 feet spacing. (Traverse closures will be one part in 20,000 or better). Final traverse data will be submitted to TxDOT to determine acceptability of the traverse and benchmark loop. B. Establish benchmarks at intervals not to exceed 1,000 feet for limits of project and tie to horizontal control baseline. Benchmarks shall be 3/4-inch iron rod 48-inches long. Iron rods shall be located near the existing right-of-way line where possible, and measured from the horizontal control baseline. Perform level loops and adjust surveyed elevations as needed. Provide datum adjustments within project limits. (All level loop closures will be better than 0.02 feet times square root of the number of miles in the loop.) C. Establish aerial control points in the vicinity along the centerline of Dixie Farm Road and at approximately 500 feet to the north and to the south of the existing right-of-way at 1500 foot intervals for the entire length of the project. The aerial control points are for the purpose of aerial photography and the generation of digital planimetric map. B-3 D. Recover and tie to any existing TxDOT, County and City horizontal and vertical monumentation in the vicinity of the project route and tie into horizontal control baseline to establish project stationing. E. Prepare abstract map along the project from the research of right of way, deeds, and easement documents provided by Crossland Acquisition, Inc. Recover property corner and right-of-way monumentation along the proposed project and will horizontally relate to the primary control lines. Provide utility records information research of existing utilities along project route from various utility companies with facilities within the route. F. Contact pipeline companies to coordinate (horizontal & vertical) locations of pipelines crossing the project route. G. Upon the approval of the preliminary right-of-way layout by the City of Pearland, TxDOT, and utility companies, the right-of-way maps and individual parcel maps will be prepared in accordance with TxDOT and/or City specifications. H. The right-of-way and the appropriate monumentation will be staked as required by TxDOT and/or City. I. Supplement the portions of the digital planimetric map which are obscured by vegetation with ground survey. Detail topographic of all surface features including horizontal and vertical location (surface utilities only) of all utilities within the existing right-of-way lines will be tied to horizontally and vertically to the survey control baseline. Probing and/or excavation to determine the vertical clearance of subsurface utilities are not in this scope of service by the surveyor. The horizontal location and vertical elevation of pipelines will be determined after the utility pipeline companies have located and probed their pipelines. J. Cross-section elevations along project route will be taken at 100 feet intervals to the nearest 0.01-feet. Each existing street intersection will be detailed with elevations to a point 100-feet beyond the point of intersection of the right-of-way. K. Identify and locate all soil borings. L. Surveyor will provide supplemental planimetric files, to supplement digital terrain model file and all survey notes with horizontal and vertical monumentation data for the project. M. Survey will be tied into Texas State Plane Coordinate System. B-4 III. Aerial Survey and Photogrammetry (Function Code 150) A. Aerial photography will be performed for digital planimetric mapping for the specified area. Ground horizontal and vertical control will be established for aerial photography. B. Services provided will include: 1. Aerial photography. 2. Analytical aerotriangulation to extend control throughout project photography for digital mapping. 3. Digital data collection for planimetric features consisting of buildings, roads, railroads, drainage features, bridges, culverts fences, driveways, poles, sidewalks, individual trees, fire hydrants, manholes and catch basins. 4. Develop a digital terrain model. C. Items to be delivered will include: 1. New black and white aerial photographs. 2. Digital planimetric drawing will be provided in MicroStation and AutoCAD formats. 3. Digital terrain model (DTM) will be provided in MicroStation and AutoCAD formats. IV. Roadway Design Plans (Function Code 160) A. Develop existing and proposed typical sections for Dixie Farm Road for the entire project limit. B. Compile a working planimetric base map from aerial digital planimetric drawing, supplemental field surveys, and referenced utility plans. C. Perform geometric design for horizontal alignment and vertical alignment of the Dixie Farm Road based on TxDOT Part IV of the "Operations and Procedure Manual." D. Prepare roadway plans (scale 1:50 H, 1:5 V) and details (scale 1:20) on 11" x 17" sheets for the project. All design and detailing shall be done according to the standard requirements of TxDOT "Operations and Procedures Manual" and to the B-5 guidelines of AASHTO. All calculations shall be checked and all design notes initialed by the designer and the checker. E. Sidewalk, wheelchair and traffic signal operation design shall comply with TxDOT design criteria and conform to American with Disability Act (ADA) requirements. F. Plot profile of the existing centerline and right of way on the proposed roadway plan and profile sheets. G. Plot all existing utilities on plan and profile sheets (scale 1:50 H, 1:5 V). Obtain existing utilities information from the responsible utility companies. Identify potential conflicts prior to completion of roadway alignments. Coordinate with TxDOT/City and prepare plans to minimize any required utility adjustments. Utility plans shall be included in the plan set for "Contractor's Information Only". H. Prepare plans (scale 1:20) for the intersection layout of Dixie Farm Road with SH 35, FM 518 (East Broadway) and Beamer Road. V. Drainage Design (Function Code 161) A. Drainage Impact Analysis. 1. Coordinate all drainage work with TxDOT, the City of Pearland, Harris County, Harris County Flood Control District (HCFCD), Brazoria Drainage District No. 4, Federal Emergency Management Agency (FEMA), and the Corp of Engineers (COE) to obtain the necessary information from the afore mentioned agencies to perform the drainage impact analysis. 2. Conduct field investigation to assess the general drainage conditions within the project vicinity. Collect appropriate information and data pertinent to the project, including, existing drainage studies, detailed topographic and contour maps drainage easement property ownership maps, FEMA hydraulic models, existing plans, and plans of local improvements. The Engineer shall obtain current hydrologic and hydraulic HEC-1 and HEC-2 computer models assuming that they are readily available from the appropriate government agencies. 3. Pre -project analysis will utilize available information to determine the existing hydraulic and hydrologic condition, which will serve as the basis of comparison. The Engineer will reevaluate the existing water surface elevations for the 10, 25, 50, and 100-year water surface profiles determined during the schematic development phase at each of the five stream crossings along the project. Current models, if necessary will be B-6 updated to existing conditions using the available aerial photographs, surveys and digital terrain model, and submitted to government agencies as the revised existing condition model. 4. Plot floodplain boundaries for the existing condition using the most current Flood Insurance Rate Map (FIRM). 5. Compute pre -construction and post -construction peak flows by using hydraulics and hydrologic methodology and computer models approved by TxDOT and HCFCD. Post -construction condition shall account for any increase in impervious surfaces from future development. Identify impact of the 100-year peak flows for existing and proposed drainage area impacted by the proposed improvements. 6. Calculate pre -construction and post -construction storm water runoff and determine detention storage requirements. 7. Calculate pre -construction and post -construction 100-year floodplain volumes. Floodplain mitigation recommendations will be offered for any decrease in 100-year floodplain volumes. 8. Identify the existing and proposed drainage outfalls, coordinate with drainage districts for the allowable discharge limits at each receiving stream. . 9. Prepare a drainage analysis report, identifying and quantify the impacts of the proposed project which shall include the results of increased peak discharge, increase in water surface profiles, volumes of lost flood plain storage, and changes to floodplain and floodway. Mitigation recommendations provided will also include alternatives and an estimated cost. Recommendations will offer suggestions as to the location, size, and configuration of detention ponds, outfall structures, approximate volume of floodplain storage detention, and modification to the bridge and channel configuration. 10. Documentation will include description of methods, a presentation of key parameters used in the analysis, a summary of the findings, and project recommendations. The report will include exhibits and be prepared in a format suitable for TxDOT and City review. 11. Following the approval of the drainage analysis report and preliminary drainage design from TxDOT and the City, the engineer will submit final drainage report (signed and sealed by a professional engineer) to TxDOT and the City. The final report will address comments received from TxDOT and the City, which will be the basis for the final drainage design and plan preparation. B-7 12. Detail offsite mitigation design and determination of the preferred offsite location for drainage mitigation, which will require further environmental and right-of-way investigation and clearance are not included in this scope of work. B. Scour Analysis 1. The Engineer shall perform concise scour analysis based on the Texas Secondary Evaluation and Analysis for Scour (TSEAS) for each of the four -stream crossing and prepare a scour analysis report. 2. TxDOT will review and approve the results of the scour analysis. Detail scour analysis if required will be additional services. C. Drainage Plans and Details 1. Prepare drainage area map indicating the proposed drainage patterns with hydraulic computation tables using available contour maps, field reconnaissance and existing hydraulic plans to determine drainage boundary. 2. Perform hydraulic computations for the and design proposed storm sewer system using WINSTORM and criteria established in the TxDOT "Texas Hydraulic Manual." 3. Prepare plan and profile sheets showing all proposed storm sewer trunk and lateral lines at a scale of 1:50(H), 1:5(V). 4. Preliminary drainage design shall be submitted to TxDOT/City for review and approval prior to proceeding with final drainage design. VI. Traffic Control Plans (Function Code 163) Traffic control plans shall be prepared in accordance with the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways." A. The Engineer shall determine the sequence of construction and design a traffic control plan based upon the MUTCD and the latest TxDOT Houston District traffic control design requirements. This shall include traffic counts provided by TxDOT and field investigations into such items as storm sewers, utilities, R.O.W. restrictions, adjacent properties, cross street access, and other items which affect the safe handling of traffic during the construction sequence. B-8 B. The Engineer shall meet with TxDOT and City personnel early in the project to develop an approved sequence of construction, and periodically during reviews. C. A copy of the "General Guidelines for Traffic Handling" and "Traffic Control Plans - Specifications and Estimates" for traffic control plan preparation is included in the work outlined. D. It is anticipated that the Traffic Control Plan for this project will be performed in three phases as follows for each PS&E segment: 1. Phase I a. Full depth pavement widening to the north along the existing Dixie Farm Road from Clear Creek to Beamer Road. b. Maintain two-way traffic at all intersections and driveways. c. Restripe existing pavement and move traffic to the existing Dixie Farm Road when temporary widening is completed. 2. Phase II a. Maintain existing two-way traffic along the existing Dixie Farm Road, and at all intersection and driveways. b. Construct proposed Northbound Dixie Farm Road and bridge widening at Cowart Creek, Mary's Creek By-pass, Mary's Creek, and Mud Gully. c. Stripe proposed Northbound Dixie Farm Road for two-way traffic when completed. 3. Phase III a. Move existing two-way traffic to the proposed Northbound Dixie Farm Road, and maintain two-way traffic at all intersection and driveways. b. Construct proposed Southbound Dixie Farm Road and bridge widening at Cowart Creek, Mary's Creek By-pass, Mary's Creek, and Mud Gully. c. Re -stripe proposed Northbound and Southbound Dixie Farm Road for permanent traffic. B-9 E. Engineer shall prepare Traffic Control Plans (scale 1:100) for each phase of construction. The drawings shall indicate traffic lanes, work zones and required detours for each phase. Drawings (scale 1:50) shall be prepared for the use of temporary traffic signals. The plans will be submitted to the District to obtain final approval of the TCP at the Safety Review Team Meeting. F. Based on the results of the Safety Review Team meeting, the detailed Traffic Control Plan, Specifications, and Estimates will be completed. Quantities for the traffic control plans will be computed for each pay item as well as for Contractor's information only. G. Detour horizontal curves will be designed in accordance with the Texas MUTCD. Where possible, detour horizontal curves will be designed for safe speeds equal to the existing posted speeds. In areas where sufficient length between the existing bridge structures is not available, detour horizontal curves will be designed for the existing posted speed. Refer to the Highway Design manual for compliance with maximum degree of curves and/or superelevation rates. VII. Storm Water Pollution Prevention Plans (Function Code 163) The Engineer will prepare Storm Water Pollution Prevention Plans (SW3P), summary of quantities, and provide the NPDES Notice of Intent. The plan will be prepared in accordance with "Storm Water Management Handbook for Construction Activities." The Storm Water Pollution Prevention Plan shall conform to the Traffic Control Plan and shall consist of: A. Storm water pollution prevention plan indicating the control devices to reduce pollutants in the stormwater discharge associated with the construction site. B. Storm water pollution prevention plan layout (scale 1:100) and details (scale 1:50). VIII. Miscellaneous Roadway (Function Code 163) A. Prepare and submit to TxDOT, cross sections plotted at every full station on roll plots sheets at scale 1:20 (H) and 1:5 (V). B. Utilize GEOPAK to plot cross sections and compute earthwork quantities. Prepare GEOPAK submittal in electronic format in accordance with the requirements under "TxDOT Document and Information Exchange." B-10 IX. Utility Coordination (Function Code 163) Conduct utility cooperative management process, which will involve identifying existing utilities and submit a utility conflict list to TxDOT. The process will also include notifying and scheduling utility coordination meetings with utility companies. If utility adjustments are required, the Engineer will prepare details of existing utilities, which are in conflict with construction in the project. Utility exhibit shall use English units and showing the following details. A. Plan and profile location of existing utilities in the ground. B. The exhibits will show existing and proposed roadways and any other pertinent details. The Engineer shall distribute the exhibits to City and the various utility companies with facilities within the project limits. The Engineer shall coordinate with the utility companies to collect all field verifications performed by the utility companies to locate the utilities, which may be in conflict with the proposed roadway improvements. The Engineer shall update the project layout showing any utility conflicts and provide a complete description of the utilities, including size and limits of underground conduits. C. The Engineer shall also prepare all necessary correspondence and schedule and attend all coordination meetings with the utility companies. This will usually involve the following meetings: 1. Initial Project Notification and Preliminary Design Meeting. 2. Utility meeting at 30%, 60%, 90% and 100% Plan Completion Stage. 3. Final Design and Initial Construction Coordination Meeting. D. Identify and evaluate utility conflicts with proposed construction. Prepare and submit to TxDOT/City drawings for required utility agreement. The following information will be submitted for each required utility agreement: 1. An 11" x 17" drawing for each utility agreement. 2. Each utility drawing will include the following: a) Existing right-of-way lines. b) Existing and proposed roadways. c) Proposed storm sewers. d) Existing underground utility in plan and profile. e) Limits of existing pipe casing. f) Owner of utility. g) Control of access line. h) Benchmark data. B-11 3. Copies of correspondence with utility companies (if any). 4. Prepare a detailed list of potential conflicts with existing utilities prior to storm sewer design and preparation of bridge layouts. List must include the following: a) Highway station number. b) Name of utility company and type of facility. c) Proposed highway facility, the conflict with storm sewer, roadway, drainage ditch, drilled shaft, etc. X. Signing, Safety Lighting, Pavement Markings, and Delineation (Function Code 162) A. Determine location and type of warning, regulatory and guide signs as required by TxDOT "Manual on Uniform Traffic Control Devices" (MUTCD) and prepare Signing and Pavement Marking Layouts (scale 1:50) showing sign location and text. The Engineer shall utilize the "SignCAD" computer program to size all large roadside mounted signs on the project. B. Pavement markings shall be detailed on the Signing and Pavement Marking Layouts (scale 1:50) in accordance with TxDOT Standard Drawings. C. Safety lighting plans will be prepared for Dixie Farm Road. Lighting will be incorporated in signal design, and separate light standards will be provided where necessary. D. Engineer will coordinate with TxDOT, and electric company to locate power source locations. E. Two-inch conduits with pull boxes will be provided in the design for illumination on both sides of the street. XI. Traffic Signal Plans (Function Code 163) A. The Engineer shall perform traffic data collection to conduct traffic signal warrant analysis for the intersections of Dixie Farm Road at FM 518, SH 35, McDonald, McGinnis, Westfield and Oakbrook. Traffic data collection shall include turning movement counts, determine peak traffic volume and project future traffic volume. Accident reports will be obtained to perform traffic analysis. B. The Engineer shall develop temporary Traffic Signal Plans for the intersection of Dixie Farm Road at SH 35, FM 518 (E. Broadway), and re -design loop detectors at Beamer Road. B-12 C. The Engineer shall develop Traffic Signal Plans (scale 1:20) for the intersection of Dixie Farm Road with SH 35, FM 518 (E. Broadway) and Beamer Road, based upon traffic signal warrants and traffic counts and flashing signals at school zones. D. Traffic signal plans shall include: 1. Existing Conditions Diagram. 2. Proposed Traffic Signal Layout. 3. Elevation layout. 4. Standard Detail Drawings for Traffic Signalization. 5. Basis of Estimate. XII. Landscape and Irrigation Plans (Function Code 163) A. Engineer will prepare landscape and irrigation plans with installation details. B. Specifications pertaining to landscaping and irrigation will be provided in the form and fashion acceptable to TxDOT and the City. XIII. Bridge Layouts and Structural Details (Function Code 170) A. Prepare a Bridge Condition Survey Report for the existing waterway bridges at Cowart Creek, Mary's Creek By-pass, Mary's Creek, and Mud Gully. The report shall be submitted to TxDOT for review and approval prior to start of bridge layouts widening details. B. Prepare Hydraulic Data Sheets for the waterway bridges for TxDOT review and approval. C. The Engineer will prepare the bridge layouts and furnish the structural details and bridge quantities for the following bridges: Location Description 1. Mud Gully Replace structure. 2. Clear Creek * Existing structure to remain. B- 13 Location Description 3. Cowart Creek Widen structure. 4. Mary's Creek Widen structure. By -Pass 5. Mary's Creek Widen structure. * Widening of existing Clear Creek is not in the current scope of services. D. Coordinate with TxDOT/City for general dimensions (spans, beam types and spacing, roadway/bridge width and clearances), coordinate and check with existing plans for the bridge widening and prepare the structural layouts for approval. Any problems concerning the spans, vertical or horizontal alignments should be identified and resolved at this time. In consultation with TxDOT/City, locate and plot all soil borings and existing and proposed utilities in plan and profile views of the structure layouts. Coordinate with TxDOT/City, if existing soil information is recommended for used. E. Prepare bridge layouts (scale 1:20(H), 1:5(V)) for structures at Cowart Creek, Mary's Creek By-pass, Mary's Creek, and Mud Gully. F. Submit bridge layouts to TxDOT/City for approval. G. Upon approval of bridge layouts, prepare detail bridge design plans, specifications, quantities, and cost estimates for construction documentation for all structures. Design and detail all structural components, abutments, interior bents and spans. Preliminary sheets for each type of bridge shall be submitted to TxDOT/City for review. All design and detailing shall be done according to the standard requirements of TxDOT "Operations and Procedures Manual" and "Foundations Exploration and Design Manual" and to the guidelines of AASHTO. All calculations shall be checked and all design notes initialed by the designer and the checker. H. TxDOT shall obtain the necessary waterway and navigation permits. The Engineer will furnish TxDOT the information and exhibits required. XIV. Construction Documents (Function Code 163) A. General Notes, Specifications, and Standard Drawings 1. Develop required general notes and special provisions, including Special Provision "Description of Project, Scope of Contract and Sequence of Work." B- 14 2. Prepare any special provisions or special specifications required. 3. Prepare general notes, specification data and plans estimates for submittal in electronic format in accordance with the requirements under "TxDOT Document and Information Exchange." 4. Select and include the TxDOT/City Standard Drawings applicable to the project, modify as required, and fill in the title blocks. B. Quantities and Cost Estimates 1. Prepare list of construction bid items. 2. Compute estimate quantities for each bid item. 3. Develop basis of estimate and compute estimated cost of construction work based on current unit price and estimated quantities. 4. Prepare Estimate of Quantity Sheets showing a separate breakdown of quantities for any local participation that may be involved. C. Estimated Design/Construction Time 1. Provide TxDOT/City a Project Design Schedule in Exhibit "C". Furnish monthly updated Project Design Schedule to indicate progress. 2. Prepare a construction contract time schedule using Primavera / SureTrak or equivalent software in accordance with TxDOT Administrative Circular 17-93. XV. Environmental Documentation and Data Sheets (Function Code 163) A. Environmental services will include delineating all wetlands within the project and obtain all environmental permits in order to meet U.S. Army Corp of Engineer (USACE) and TxDOT requirements. Re-evaluate and update existing Environmental Assessment prepared back in 1996. B. Prepare and submit Environmental Data Sheets, Pre -construction Notification (PCN) per criteria and Nationwide Permit 14 to TxDOT and U.S. Army Corp of Engineer (USACE) for review and approval. C. Prepare and submit PCN and NWP 14 assumed only wetland impacts at bridge crossings. If an individual wetland permit application were required, an additional scope of work would be necessary. B-15 D. Develop a site -specific health and safety plan. Perform verification sampling of the area mitigated by the Brio Site Task Force. XVI. Construction Phase Services A. Engineer shall review and approve construction and erecting drawings and shop drawings prepared by the Contractors/Fabricator for preparation of plans, specifications and estimates. Engineer shall also assist in the preparation of Change Orders as required, including plan modification and assistance during construction as needed. B. Contractors/Fabricator shall submit shop drawings to the Area Engineer to be then forwarded to the Engineer for review and approval and distribution of the shop drawings. C. Engineer shall have a maximum of 14 calendar days from receipt of the shop drawings to review, approve and distribute the shop drawings. This time may decrease to a lesser, mutually agreeable time should TxDOT Area Engineer feel it is necessary in order not to delay construction activities. D. Distribution of shop drawings shall be as follows: 1. Non -approved and/or rejected drawings: a) Drawings along with cover letter to Contractor. b) Copy of cover letter to Fabricator, Area Engineer, District Bridge Design, Design Division (Bridge) and District Construction Office. 2. Approved drawings: a) Drawings along with cover letter to Contractor. b) One set of drawing with a copy of cover letter to Fabricator, Area Engineer, and District Bridge Design c) Two sets of drawings with a copy of cover letter each to Design Division (Bridge), Design Division (Construction Division / Material Section) d) Copy of cover letter to District Construction Office. B-16 re L 1'' g 1 tk I J. I I 1 I 1 1 I Task Description Project design duration: SH 35 to Reamer Road Field Surveys A. Baseline Gmtroh 5. Utility & Tepog aphis Survey: C. Aerial Photograph} Roadway Design A. Geometric Desigr B. Typical Sectior C. Design Concept Conference U. Roadway Plan and Protih Drainage A. Hydraulic Studs B. Scour Analysis C. Storm Sewer Plan and Profits D. Slurmwater Pollution Prevention Plan: Signing, Marking & Siznalizatior A. Signing /Pavement Marking Layout: B. Traffic Signals Miscellaneous Roadway �u = C. Utility Exhibits U. Quantities, Cost Estimate Specifications and General Note: F. Construction Time Deterrninatiur Bridge A. Bridge Condition Survey Repor B. Bridge Layout, - ATTACHMENT D FEE SCHEDULE SUMMARY Summary of Fee Schedule for Dixie Farm Road PS&E Contract CSJ No. 0912-31-108 Walsh/Freese & Nichols, Inc. - Lockwood, Andrews & Newnam, Inc. (Project Team) $979,276.77 Tolunay-Wong Engineers, Inc. $24,690.31 Walsh Surveying, Inc. $147,446.50 Crossland Acquisition $167,750.00 Aerial Data Services (ADS) $29,244.80 Dodson & Associates, Inc. $36,778.26 Corrigan Consulting, Inc. $43,831.67 TEDSI Infrastructure Group $135,780.95 Vemon G. Henry and Associate, Inc. $8,299.39 Total Cost for Dixie Farm Road PS&E $1,573,098.65 Page 1 of 1 ATTACHMENT D FEE SCHEDULE Walsh/Freese & Nichols, Inc - Lockwood Andrews & Newnam, Inc. (Project Team) Direct Labor by Function Code: Description Principal Project Manager Project Engineer Design Engineer Senior Designer CADD Clerical Total Hours Hours Hours Hours Flours Hours Hours Hours FUNCTION CODE 160 Roadway Design Controls A. Geometric Design 1. Horizontal Alignment Data 2. Project layout B. Grading/Typical Section Design 1. Typical Section C. Plan and Profile Preparation I. Roadway Plan & Profile 2. Driveway/Sidedwalk Details 3. Intersection Layout and Grading 4. Intersecting Roadway Plan & Profile D. Roadway Quantities 1. Roadway 2 4 2 2 4 4 8 48 8 36 4 24 6 12 16 160 28 84 8 56 4 8 12 160 24 60 8 40 4 8 12 120 24 60 8 40 8 32 48 616 144 160 40 120 2 28 64 98 1108 228 402 68 282 Subtotal- FC 160 10 136 370 316 276 1168 2 2278 FUNCTION CODE 161 Drainage A. Drainage Design 1. Drainage Area Map 4 40 100 100 120 320 684 2. Storm Sewer Plan & Profile 8 120 300 225 225 990 1868 3. Culvert and lateral Layout 4 16 8 8 16 52 B. Hydraulic Computation 1. Hydraulic Data Sheet 4 20 40 60 80 116 320 2. Stage Discharge Data @ Outfall 8 24 16 16 32 96 C. Storm Water Pollution Prevention 1. SW3P Plans 4 40 90 90 80 100 404 2. SW3P Summary and Details 2 4 12 4 4 8 34 D. Miscelleneous 1. Storm Sewer Details & Quantities 4 16 60 24 24 2 130 2. Drainage Impact Study 20 40 30 16 16 6 128 3. Scour Analysis 24 40 40 8 6 118 4. Utility Plan, Profile and Details 2 32 80 56 56 480 4 710 5. Drainage/SW3PQuantities 8 24 40 16 8 96 Subtotal- FC 161 24 324 782 729 645 2118 18 4640 FUNCTION CODE 162 Signing and Pavement Markings A. Signing 4 40 120 240 120 120 2 646 B. Pavement Markings 16 40 80 40 80 256 C. Signing Details 1 8 16 40 40 40 145 D. Signing & Pav't Marking Quantities 2 8 16 8 34 Subtotal - FC 162 5 66 184 376 200 248 2 1081 Page 1 of 2 ATTACHMENT D FEE SCHEDULE FUNCTION CODE 163 Miscellaneous Roadway A. Traffic Control Plan 6 120 240 240 160 1012 1778 B.Illumination 2 24 80 40 40 160 346 C. TCP Quantities 4 16 4 8 8 40 D. Misc. Roadway Details 24 48 32 32 96 232 E. Specification, General Notes & Est. 8 24 32 20 84 F. Roadway removal quantities 2 38 40 G. Misc. Roadway Quantities 1 16 8 8 16 49 H. Title & Index Sheets 4 4 4 28 2 42 I. Environmental Data Sheets 2 4 4 10 2 22 Subtotal - FC 163 8 189 470 364 248 1330 24 2633 FUNCTION CODE 170: Bridge Design A. Preliminary Layouts 16 32 22 64 152 286 B. Detail Design 25 101 158 132 233 649 C. Demolition & Staging Design 3 8 8 19 D. Q.C., Submittal & Bridge Quantities 52 72 54 120 40 2 340 Subtotal - FC 170 0 96 213 242 316 425 2 1294 Description Principal Project Manager Project Engineer Design Engineer Senior Designer CADD Clerical Total Hours Hours Hours Hours Hours Hours Hours F.C. 160: Roadway Design Controls 0 N , 00 O 00 00 136 370 316 276 1168 2 2278 F.C.161: Drainage 324 782 729 645 2118 18 4640 F.C. 162: Signing and Markings 66 184 376 200 248 2 1081 F.C. 163: Miscellaneous (Roadway) 189 470 364 248 1330 24 2633 F.C. 170: Bridge Design 96 213 242 316 425 2 1294 Coordination with BRIO Task Force 32 32 72 Construction Phase Services 40 40 80 80 120 20 388 Subtotal Hours 63 883 2091 2107 1765 5409 68 12386 Rate $50.00 $40.00 $35.00 $27.00 $25.50 $22.00 $16.50 Rate + Overhead 160.36%r $130.18 $104.14 $91.13 $70.30 $66.39 $57.28 $42.96 - (Rate + Ovrhd 160.36%) x Fix Fee 12% $145.80 $116.64 $102.06 $78.73 $74.36 $64.15 $48.11 Total Direct Labor Cost $9,186 $102,994 $213,410 $165,890 $131,243 $347,002 $3,272 $972,996.77 Walsh/Freese & Nichols, Inc. - Lockwood Andrews & Newnam, Inc. Indirect Labor Cost Description Unit Qty. Cost Total Travel Mile 3,500 $0.28 $980.00 Printing/Reproduction L.S. 1 $4,500.00 $4,500.00 Deliveries L.S. 1 $800.00 $800.00 Total Indirect Labor Cost $6,280.00 Walsh/Freese & Nichols, Inc. - Lockwood, Andrews & Newnam, Inc.(Project Team) Total Cost $ 979,276.77 Page 2 of 2 ATTACHMENT D FEE SCHEDULE Tolunay-Wong Engineers, Inc. (Direct Labor) Direct Labor : Description Principal Project Manager Project Engineer CADD Clerical Total Hours Hours Hours Hours Hours Hours Roadway Design Controls Engineering and Support Services 5 16 50 10 20 101 Subtotal Hours 5 16 50 10 20 101 Rate $33.00 $28.00 $22.00 $10.00 $10.00 Rate + Overhead 170% $89.10 $75.60 $59.40 $27.00 $27.00 (Rate + Overhead 170%) x Fix Fee 12% $99.79 $84.67 $66.53 $30.24 $30.24 Total Direct Labor Cost $498.96 $1,354.75 $3,326.40 $302.40 $604.80 $6,087.31 Indirect Labor : Description Unit Qty. Cost Total Geotechnical A. Mobilization of Personnel and Drilling Equipment L.S. 1 $250.00 $250.00 B. Drilling and Sampling of Project Borings 1. Continuous Boring (15 @ 15 feet) LF 225 $14.00 $3,150.00 2. Continuous Boring (8 @ 75 feet) LF 600 $14.00 $8,400.00 C. Traffic Control Hours 36 $23.00 $828.00 D. Laboratory Testing L.S. 1 $2,500.00 $2,500.00 Total Indirect Labor Cost $15,128.00 TxDOT Ineligible Indirect Labor : Description Unit Qty. Cost Total Geotechnical A. Review of Brio Site Health and Safety Plan L.S. 1 $350.00 $350.00 B. Provide OSHA trained personnel and Brio safety training L.S. 1 $500.00 $500.00 C. Cleaning of drilling tools and equipment before and after work Hours 4 $175.00 $700.00 D. Provide area for holding cutting fluids during drilling and cleaning Borings 2 $250.00 $500.00 E. Place cutting and fluid in approved drums LF 150 $6.00 $900.00 F. Level D PPE Equipment L.S. 1 $150.00 $150.00 G. Grouting of boring LF 150 $2.50 $375.00 TxDOT Total Ineligiblelndirect Labor Cost $3,475.00 Tolunay-Wong Engineers, Inc. (Total Cost) $24,690.31 Page 1 of 1 ATTACHMENT D FEE SCHEDULE Walsh Surveying, Inc. (Direct Labor) Description Principal Prj Mngr. RLPS Tech/ CADD Tech/ Survey Clerical 2-Man Crew 3-Man Crew Total Hours Hours Hours Hours Hours Hours Hours Hours FUNCTION CODE 150: Field Surveying A. Horizontal & Vertical Control B. Right -of -Way Acquisition Documents C. Topographic Survey D. Horizontal Ties to Wetlands Total Labor 0 40 160 40 2 242 1040 104 1144 144 304 17 465 0 0 96 192 188 20 496 280 1696 332 39 2347 Rate $0.00 $80.00 $48.50 $50.50 $0.00 $0.00 $95.00 - Total Direct Labor Cost $0.00 $19,360.00 $55,484.00 $23,482.50 $0.00 $0.00 $47,120.00 $145,446.50 Walsh Surveying, Inc. (Indirect Labor) Description Unit Qty. Cost Total Rentals and Materials L.S. 1 $1,400.00 $1,400 Materials L.S. 1 $600.00 $600 Total Indirect Labor Cost $2,000.00 Total Direct labor Materival. Research and Rental Walsh Surveying, Inc (Total Cost) Page 1 of 1 $145,446.50 $2,000.00 $147,446.50 I ATTACHMENT D FEE SCHEDULE Crossland Acquisition (Direct Labor) Description Unit Qty. Cost Total FUNCTION CODE 130 Right -of -Way A. Title Examination Hr. 320 $ 75.00 $ 24,000.00 B. Appraisal Parcel 40 $ 1,500.00 $ 60,000.00 C. Special Commissioner Hearing for Appraisal Hr. 50 $ 75.00 $ 3,750.00 D. Acquisition Parcel 40 $ 2,000.00 $ 80,000.00 E. Special Commissioner Hearing for Acquisition Hr. $ - F. Relocation Assistance Parcel $ - Crossland Acq. Total Cost $ 167,750.00 Page 1 of 1 ATTACHMENT D FEE SCHEDULE Aerial Data Services (ADS) (Direct Labor) Total Hours N N 404 1 $ 25,798.76 I = .0O �.l F •60 Hours r - M en Q. ,I: o )r) VD 69 60 $ 845.63 r a eV b~0 O 0 s Oa 0O x 00 00 $16.00 $43.08 $48.25 sz 00 en 6A Pilot Hours 00 00 - 0, O a-- d Co p; 06 r N ( 00 69 69 69 I $ 703.24 I Digital Ortho Spec 'a z60 O O cc-.4�}} N t-• N 0,0 EA COT O N 0 O 6R QF U Hours 000 0Oo $20.59 $55.44 $62.09 O 1 n Tr Compila- tion Tech y 0 S N pp O N Oh en O O ra IA 60 N ti .r sc.,. .y 6R Triangula- tion Tech r. 7 0 N M N M $19.63 $52.85 $59.20 $ 1,894.28 Project Manager 0 N N 00 69 69 $ 330.87 Description FUNCTION CODE 150 Aerial Photography A. Analytical Aerotriangulation B. Digital Mapping !Subtotal Aerial Photography Rates Rate + Overhead 169.25% (Rate + Overhead 169.25%) x Fix Fee 12% Total Direct Labor Cost Aerial Data Services (ADS) (Non -Labor) Total M 69 p N - N EA 69 O 6 9 O N 69 O f� 69 69 $3,446.04 Aerial Data Services (ADS) Total Cost I $ 29,244.80 aa `co (; ,O • NN M O . Mc'i 69 00 en 69 N ' EA69 tr.)V1 r N O -- 69 O 00 0 EA at d 00 <`! Co y7 O M 0 r 0 r 0 Unit a W v vi c c ,. C C Aerial Photography 1:3000 Scale A. Mobilization B. Cross-country C. Flightline Miles D. Turn Miles E. Exposures Materials A. Photo Paper B. Photo Mylar C. Drafting Film Total Indirect Labor Cost ATTACHMENT D Dodson & Associates, Inc. (Direct Labor) FEE SCHEDULE Description Principal Senior Staff Staff Tech/ CADD Clerical Total Hours Hours Hours Hours Hours Hours Hours FUNCTION CODE 161 Drainage A. Data Collection & Review 1. Data Collection 2 4 2 0.5 8.5 2. Client Coordination 4 2 0.5 6.5 3. Regulatory Coordination 8 4 0 0.5 12.5 4. Site Visit 8 8 0 0.5 16.5 B. Pre -project Analysis 1. Cowart Creek 4 10 2 16 2. Mary's Creek Bypass 4 10 2 16 3. Mary's Creek 4 10 2 16 4. Clear Creek 4 10 2 16 5. Mud Gully 4 10 2 16 C. Post -project Analysis I. Cowart Creek 4 12 2 18 2. Mary's Creek Bypass 4 12 2 18 3. Mary's Creek 4 12 2 18 4. Clear Creek 4 12 2 18 5. Mud Gully 4 12 2 18 D. Identify Impacts 1. Cowart Creek 2 8 10 2. Mary's Creek Bypass 2 8 10 3. Mary's Creek 2 8 10 4. Clear Creek 2 8 10 5. Mud Gully 2 8 10 E. Mitigation Recommendation 1. Cowart Creek 0.5 8 16 4 28.5 2. Mary's Creek Bypass 0.5 8 16 4 28.5 3. Mary's Creek 0.5 8 16 4 28.5 4. Clear Creek 0.5 8 16 4 28.5 5. Mud Gully 0.5 8 16 4 28.5 F. Documentation 1. Periodic Updates 4 4 8 2. Prepare Report 1 16 8 8 3 36 3. Presentation of Data 8 4 2 1 15 Total Hours 3.5 140 262 54 6 0 465.5 Rate $42.21 $32.47 $22.73 $19.48 $12.99 $0.00 Rate + Overhead 175% $1 16.08 $89.29 $62.51 $53.57 $35.72 $0.00 (Rate + Overhead 175%) x Fix Fee 12% $130.01 $100.01 $70.0I $60.00 $40.01 $0.00 Total Direct Labor Cost $455 $14,001 $18,342 $3,240 $240 $0 $36,278.26 Dodson & Associates, Inc. (Indirect Labor) Description Unit Qty. Cost Total Travel Mile 500 $0.28 $I40.00 Reproduction L.S. 1 $360.00 $360.00 Total Indirect Labor Cost $500.00 Dodson & Associates, Inc. (Total Cost) $36,778.26 Page 1 of 1 ATTACHMENT D FEE SCHEDULE TEDSI Infrastructure Group (Direct Labor) Description Project Manager Project Engineer Designer CADD Clerical Total Hours Hours Hours Hours Hours Hours FUNCTION CODE 162: Signalization A. Signal Warrant (6 Intersections) 18 60 300 378 B. Perm. Signal Design (6 Intersections) 66 174 288 576 24 1128 C. Temp. Signal Design (2 Intersections) 4 20 40 60 124 D. School Zone Flasher Light Signal Dgn. 2 10 20 16 48 E. Signal Loop Detect. Mod. @ Beamer 6 10 10 16 42 Total Labor 96 274 658 668 24 1720 Rate $42.50 $36.00 $23.50 $22.00 $14.00 - Rate + Overhead 165% $112.63 $95.40 $62.28 $58.30 $37.10 (Rate + Overhead 165%) x Fix Fee 12% $126.14 $106.85 $69.75 $65.30 $41.55 Total Direct Labor Cost $12,109 $29,276 $45,894 $43,618 $997 $131,894.95 TEDSI Infrastructure Group (Indirect Labor) Description Unit Qty. Cost Total Travel Mile 1,200 $0.28 $336.00 Printing/Reproduction L.S. 1 $1,000.00 $1,000.00 Traffic Counts Count 17 $150.00 $2,550.00 Total Indirect Labor Cost $3,886.00 TEDSI Infrastructure Group (Total Cost) $135,780.95 PageIof1 ATTACHMENT D FEE SCHEDULE Corrigan Consulting, Inc. (Direct Labor) Total Hours SO N M O— oo N 7 ON b 00 O en ii ice. Y C4 y O = N $14.00 $40.46 $45.32 soy vn 00 0 QS. Field Scientist x `O ,0.. $15.00 $43.35 $48.55 N ti all. 19 Project geologist r2 7 O X 01 Cr, 0 O 00 r» N 0 (-11 WI E» sO N 00 V.) VI $5,243.62 Environm Scientist Hours O - '00 0 00 $18.00 $52.02 $58.26 $4,777.52 1 Project Manager Hours 0 0 N $29.00 $83.81 $93.87 0 n 0 n h e EA - Senior Associate H 00 N O CI 72 $36.00 $104.04 $116.52 en n 00 00 00 d9 Principal Hours N 7 d 7 o O• .-. 69 D V — 4.4 l� N , b • f Description FUNCTION CODE 150: Wetlands Delineation and USACE Pre -construction Notification A. Project Coordination and Review B. Field Survey and Wetlands Delineation C. Document Preparation and Pre- Application Consultation D. Brio/Agency Coordination 'Total Hours Rate Rate + Overhead 189% (Rate + Overhead 189%) x Fix Fee 12% Total Labor Cost Corrigan Consulting, Inc. (Indirect Labor) Total 000 00 0 N 00 Hi d9 Vi 69 0 69 In n E00 A Cost 00 0O 0 0 O N O• 0 N 00 s`O 69 v1 N E00' 69 V9 i, a b _ _ _ �o - Description Milege Decon Waste Disposal Laboratory Analysis Deliveries and Supplies Reproduction and Copies Total Indirect Labor Cost N 00 y 00 5ii Total Labor Cost Total Indirect Labor Cost Corrigan Consulting, Inc. Total Cost ATTACHMENT D FEE SCHEDULE Vernon G. Henry & Associates, Inc. (Direct Labor) Senior Planner Vice -President Landscape Architech Senior Landscape Architech Secretary Total Hours Description Hours Hours Hours Hours Landscape design 3 l 95 3 102 Total Labor 3 1 95 3 102 Rate $25.24 $23.69 $22.84 $15.14 - Rate + Overhead 197% $74.96 $70.36 $67.83 $44.97 (Rate + Overhead 197%) x Fix Fee 12% $83.96 $78.80 $75.97 $50.36 Total Labor Cost $251.88 $78.80 $7,217.62 $151.09 $7,699.39 Vernon G. Henry & Associates, Inc. (Indirect Labor) Description Total Reproduction/supplies/travel expense $600 Subtotal Expenses = $600.00 Total Direct Labor Cost Total Indirect Labor Cost $7,699.39 $600.00 Vernon G. Henry & Associates, Inc. Total Cost $8,299.39 1 of 1 Tolunay-Wong10 Engineers,Inc. December 18, 2000 TWEI Proposal No: P99-316.ltr Mr. Mehran Bavarian, P.E. WEI-LAN Joint Venture 2010 E. Broadway P.O. Box 760 Pearland, Texas 77588-0760 Subject: Environmental Borings and Related Field Tasks Dixie Farm Road Widening Project SH 35 to Beamer Road — Pearland, Texas Dear Mr. Bavarian: In response to our telephone conversations, we are sending this letter addressing the costs for environmental related field tasks for the Dixie Farm Road Widening Project in Pearland, Texas. The purpose of this letter is to separate the field costs for the environmental tasks from those outlined in our proposal for the geotechnical investigation. It is our understanding that the costs associated with the environmental tasks will be covered separately. The following are believed to be the minimum procedures for test borings in the Brio Site area. As discussed with you it is possible that additional efforts may be required for completing work in this area. These could include personal protective procedures exceeding Level D, extensive monitoring of the borehole area while drilling, installation of special isolation casings, decontamination of all drilling equipment and tools, and other precautions based on the level of risk in the area of the Brio Site. If such requirements are determined, we will not proceed with the field activities until the environmental procedures have been reviewed and approved by you. Minimum Environmental Tasks Item Description Estimated Quantity Unit Cost Extension 1 Review of Brio Site Health and Safety Plan Job 350 350 2 Provide OSHA trained personnel and Brio Site safety training Job 500 500 3 Cleaning of drilling tools and equipment before and after work 4 hrs. 175/hr 700 4 Provide area for holding cuttings and fluids during drilling and cleaning 2 borings 250/boring 500 5 Place cuttings and fluids in approved drums 1501.f. 6.00/1.f. 900 6 Level D PPE Equipment Job 150 150 7 Grouting of borings 150 1.f. 2.50/1.f. 375 Total Budget $3,475 10710 S. Sam Houston Pkwy W., Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319 Mr. Mehran Bavarian, P.E. TWEI Proposal No.: P99-3 16R.ltr December 18, 2000 Page 2 If you accept our proposal, please sign below and return one copy to our office. The terms and conditions of this proposal are included in Exhibit A. We would like to express our appreciation for the opportunity to submit this proposal and look forward to serving you on this project. Sincerely, TOLUNAY-WONG ENGINEERS, INC. v`Daniel O. Wong, Ph.D., P.E. Principal DOW:JDH:sas Accepted By: Date: Exhibit A EXHIBIT A TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between TOLUNAY-WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. SAMPLE DISPOSAL The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous materials will be retumed to CLIENT for disposal, unless other arrangements have been made by CLIENT. CONSTRUCTION MONITORING If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by the CLIENT to provide construction related services. The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, if no lump sum amount is indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Page 1 of 2 Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of 1-1 /2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attomey's fees) in connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT. TERMINATION The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination, GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination. INDEMNIFICATION Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the GEOTECHNICAL ENGINEER's performance of the services described in this AGREEMENT. This indemnity shall not limit. restrict or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under any one or more theories of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action LIMITATION OF LIABILITY The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against GEOTECHNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of any design defect, error. omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like limitation of liability provision, the liability of the CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed $50,000 or the amount of the GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either expressed or implied, except as set forth above. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials on or near the project site. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of hazardous waste. GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials. Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL ENGINEER which are found to be contaminated. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of the AGREEMENT for any cause. Page 2 of 2 Tolunay-Wong110 Engineers,Inc. December 18, 2000 TWEI Proposal No: P99-316R2 Mr. Mehran Bavarian, P.E. WEI-LAN Joint Venture 2010 E. Broadway P.O. Box 760 Pearland, Texas 77588-0760 PROPOSAL FOR GEOTECHNICAL SERVICES (REVISED) DIXIE FARM ROAD WIDENING PROJECT SH 35 TO BEAMER ROAD PEARLAND, TEXAS Dear Mr. Bavarian: Tolunay-Wong Engineers, Inc. (TWEI) is pleased to submit this proposal for geotechnical field and engineering services for the Dixie Farm Road Widening Project in Pearland, Texas. Our proposal was prepared in response to your letter dated November 10, 1999. The proposed project will include the widening of Dixie Farm Road from SH 35 to Beamer Road, approximately 27,000 ft. The proposed widening will be to a 4-lane divide/undivided roadway. The improvements will include the renovation of four (4) bridge crossings at Cowart Creek; Mary's Creek Bypass, Mary's Creek, and the replacement of the bridge at Mud Gully. The existing Clear Creek Bridge will remain and will not be widened. The project will also include paving design and storm sewer construction. The five (5) creek crossings will be used for storm sewer outfalls. Scope of Services Our scope of services will include field exploration, laboratory testing and engineering analysis for the proposed project. Field Exploration. Based on your letter, the field exploration portion of this project will include two (2) 75-ft borings at each of the bridge crossing renovation sites and fifteen (15) 15-ft borings along the proposed improvement section for pavement design and storm sewer construction. The majority of the existing Dixie Farm road section is a two-lane asphalt paved road with intermittent sections of concrete paving along the project alignment. For the purposes of the proposal, we are assuming that the project borings will either be drilled through the asphalt paving or along the shoulder of the existing roadway. We have not included provisions for concrete coring. However, if coring of the concrete is required, the coring will be performed in accordance with previously established coring rates. 10710 S. Sam Houston Pkwy W., Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319 Mr. Mehran Bavarian, P.E. TWEI Proposal No.: P99-316R December 18, 2000 Page 2 The bridge crossing at Mud Gully and the paving section to the north of Mud Gully will be within the Brio Super Fund Site. The drilling of the borings along this section of the alignment will include following an approved safety plan obtained from the Brio Site personnel, borehole grouting, and containment of the fluids and solids generated during field drilling and sampling. The field personnel for this portion of the project will be OSHA trained. For the purposes of this proposal, we are assuming that the fieldwork will be conducted in Level D PPE with appropriate air monitoring devices supplied by the Brio Project. The boreholes will be grouted to the surface with a cement/bentonite grout at completion of the drilling and sampling. We are assuming that all fluids and solids generated will be containerized and relinquished to the Brio Site personnel. We have not included provisions for obtaining environmental quality samples or for environmental analysis of the samples or cuttings. As discussed with you, the above environmental concerns are believed to be the minimum level acceptable. It is possible that significant additional efforts may be required for completing work in the Brio area. These could include personal protective procedures exceeding the Level D, extensive monitoring of the borehole area while drilling, installation of special isolation casing, decontamination of all drilling equipment and tools, and other precautions based on the level of risk in the area of the Brio Site. If such requirements are determined, we will not proceed with the field activities until the environmental procedures have been reviewed and approved by you. We have assumed that traffic control and utility clearance will be required for the entire length of the proposed alignment. We will contact the Utility Coordinating Committee to arrange for the marking of any existing underground lines prior to our mobilization. We will coordinate with local law enforcement departments to arrange for traffic control during the drilling project. The field work will be conducted using standard geotechnical drilling and sampling procedures. The soils will be sampled continuously to the boring completion depths. All drilling will be performed in accordance with TxDOT criteria. TxDOT cone penetrometer tests (THD Cone) will be performed at 5-ft intervals. We will transport representative portions of the recovered samples to our soil mechanics laboratory for testing. We will backfill the project borings with soil cuttings upon completion of 24-hour water level measurements. Laboratory Testing. We will perform soil mechanics laboratory tests to measure the physical and engineering properties of selected representative soil samples from the project borings. The testing will generally include Unconfined Compression, Atterberg Limits, Percent Finer than The No. 200 Sieve, and natural Moisture Content. TxDOT testing criteria will be followed. Engineering Analysis We will prepare an engineering report that will present our findings and provide you with geotechnical design recommendations for the proposed bridge, paving and storm sewer construction, including: Soil stratigraphy Groundwater conditions Mr. Mehran Bavarian, P.E. TWEI Proposal No.: P99-316R December 18, 2000 Page 3 Subgrade preparation and stabilization requirements Fill requirements Paving design in accordance with AASHTO and TXDOT specifications Storm sewer bedding and backfill requirements Excavation slope and retention criteria and groundwater control Bridge foundation design using TxDOT design criteria Foundation settlement estimates and construction criteria Budget Our budget to perform the above listed services excluding environmental concerns is included in the table below: Item Description Estimated Quantity Unit Cost Extension 1 Mobilization of TWEI personnel and drilling equipment Job $250 $250 2 Drilling and sampling of project borings sampled 15 borings to 15 ft 8 borings to 75 ft continuously to boring completion depth 225 1.f. 14 3,150 600 1.f. 14 8,400 3 Traffic Control 36 hours 23 828 4 Laboratory Testing Water Content Liquid and Plastic Limit Unconfined Compression Percent Finer Than No. 200 Sieve 195 5 975 20 35 700 15 35 525 10 30 300 5 Engineering and Support Services Principal Engineer Project Manager Project Engineer Draftsman Word Processor/Support Staff 5 hours 33 x (1+1.70) x 1.12 498.95 16 hours 28 x (1+1.70) x 1.12 1,354.72 50 hours 22 x (1+1.70) x 1.12 3,326.50 10 hours 10 x (1+1.70) x 1.12 302.40 20 hours 10 x (1+1.70) x 1.12 604.80 Total Budget $21,215.70 Mr. Mehran Bavarian, P.E. TWEI Proposal No.: P99-3 16R December 18, 2000 Page 4 Schedule The expected schedule for completion of the project tasks is shown below. Task Estimated Total Time to Complete After Notice to Precede Permit application and safety plan acquisition from Brio Site 1 week Mobilization of field crew and completion of field program 2 weeks Preliminary report submittal after completion of field -work 3 weeks Completion of laboratory testing 4 weeks Submittal of draft final report 5 to 6 weeks Acceptance of Proposal To accept our proposal, please sign below and return one copy to our office. The terms and conditions of this proposal are included in Exhibit A. Mr. Mehran Bavarian, P.E. TWEI Proposal No.: P99-3 16R December 18, 2000 Page 5 Closing Remarks Again, we would like to express our appreciation for the opportunity to submit this proposal and look forward to working with you on this project. Sincerely, TOLUNAY-WONG ENGINEERS, INC. John D. D. Hebert Daniel O. Wong, Ph.D., P.E. Principal DOW:JDH:sas Accepted By: Date: Exhibit A EXHIBIT A TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between TOLUNAY-WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. SAMPLE DISPOSAL The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT. CONSTRUCTION MONITORING If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by the CLIENT to provide construction related services. The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, if no lump sum amount is indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Page 1 of 2 Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECI-IlsIICAL ENGINEER per GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT. TERMINATION The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination, GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination. INDEMNIFICATION Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the GEOTECHNICAL ENGINEER's performance of the services described in this AGREEMENT. This indemnity shall not limit, restrict or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under any one or more theories of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action LIMITATION OF LIABILITY The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against GEOTECHNICAL ENGINEER to a sum not to exceed S50,000, or the amount of his fee, whichever is greater, on account of any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like limitation of liability provision, the liability of the CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed $50,000 or the amount of the GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either expressed or implied, except as set forth above. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials on or near the project site. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of hazardous waste. GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials. Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL ENGINEER which are found to be contaminated. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govem the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of the AGREEMENT for any cause. Page 2 of 2 WALSH SURVEYING, INC. PROFESSIONAL LAND SURVEYORS February 14, 2001 Mr. Mehran Bavarian, P.E. Walsh/Freese-Nichols 2010 East Broadway Pearland, Texas 77581 Re: Dixie Farm Road Widening Project Harris and Brazoria Counties, Texas Dear Mr. Bavarian, WILLIAM C. WALSH, P.E., R.P.L.S. President 2006 Broadway, P.O. Box 760 PEARLAND, TEXAS 77588-0760 281/485-3991 FAX 281/485-3998 This letter is our proposal to provide surveying services in connection with the Dixie Farm Road Widening Project in Hams and Brazoria Counties, Texas. The project originates at the intersection of Dixie Farm Road and State Highway 35 in Brazoria County and terminates at the intersection of Dixie Farm Road and Beamer Street in Hams County. The length of the project is approximately 28,000 L.F. or 5.3 miles. Project Control, aerial mapping and topographic surveys will be required for the entire length of the project. Right-of-way mapping and descriptions will be required for the portion of the project originating at the intersection of State Highway 35 and terminating at the easterly City of Pearland City Limit Line or approximately 3.8 miles. Based on our discussions and a visit to the site we understand the scope of services to be as follows: HORIZONTAL CONTROL AND VERTICAL CONTROL Based on approval from TxDOT, the primary control line(s) will be established on the ground utilizing the standards of accuracy for Second Order, Class II, horizontal control traverses as described in the Federal Geodetic Control Committee publication entitled "Standards and Specifications for Geodetic Control Networks", reprinted February 1991. The final traverse data will be submitted to the State for study to determine the acceptability of the traverse and benchmark loop. The baseline control points will be set using 5/8-inch iron rods, 36-inches long. The benchmarks will be set using %-inch iron rods, 4-feet long. Aerial Control Points will be established in the vicinity of the centerline of Dixie Farm Road and approximately 500-feet north and south of the existing right-of-way at 1500-foot intervals for the entire 5.3 mile length of the project. The points will be appropriately marked and maintained until the route is aerially photographed. 3-MAN CREW SURVEY TECHNICIAN R.P.L.S. 96 HOURS X $95.00 = $ 9,120.00 144 HOURS X $50.50 = $ 7,272.00 40 HOURS X $80.00 = $ 3,200.00 SUBTOTAL = $ 19,592.00 GPS RENTAL = $ 1,100.00 AERIAL TARGETS, IRON RODS, PAINT = $ 300.00 Mr. Mehran Bavarian, P.E. Walsh/Freese-Nichols Page 2 RIGHT-OF-WAY ACQUISITION DOCUMENTS Crossland Acquisition Company will be authorized by Walsh/Freese-Nichols to prepare current title commitments for each tract affected by the widening of Dixie Farm Road from the southeast Pearland City Limit Line to State Highway No. 35. Crossland will provide copies of the current ownership deeds and all easement deeds for the tracts from which additional right- of-way will be acquired. WSI will update the previously prepared abstract map to depict the current right-of-way alignment as well as all easement lines. This map will also show all relevant grantee names, recording data and recording dates. Based on the approved Abstract Map and approved proposed alignment, WSI will recover property corner monumentation along the proposed route and will horizontally relate it to the primary control line(s). Based on the approval of the Preliminary Right -Of -Way Layout by the City of Pearland, TxDOT, pipeline companies, and public utility companies, the Right -Of -Way Maps will be prepared in accordance with TxDOT specifications. Individual parcel maps will be prepared in accordance with TxDOT specifications. Based on approval of the right-of-way alignment map, the P.C.s, P.T.s, angle points, points on line and individual parcels will be staked with the appropriate monumentation as required by TxDOT. This work will commence when written authorization to proceed is received from both TxDOT and from Walsh/Freese-Nichols. A certified metes and bounds description will be prepared for each individual parcel of land to be acquired for right-of-way purposes. An individual parcel is defined as being all the land within the proposed right-of-way under contiguous ownership. 3-MAN CREW SURVEY TECHNICIAN CAD OPERATOR R.P.L.S. 192 HOURS X $95.00 = $ 18,240.00 304 HOURS X $50.50 = $ 15,352.00 1,040 HOURS X $48.50 = $ 50,440.00 160 HOURS X $80.00 = $ 12,000.00 SUBTOTAL = $ 96,832.00 COPIES, PLOTS, BLUELINE PRINTS = $ 600.00 TOPOGRGRAPHIC SURVEY After the digital planimetric map information is furnished to WSI by Walsh/Freese-Nichols we will verify the information shown on the map. We will supplement the portions of the map which are obscured by vegetation with ground elevations. The horizontal location and vertical elevation of pipelines will be determined after Walsh/Freese-Nichols has the pipeline companies locate and probe the pipelines. There is no provision in this proposal for WSI to probe or excavate pipelines to determine their location. Mr. Mehran Bavarian, P.E. Walsh/Freese-Nichols Page 3 The horizontal and vertical locations of utilities will be determined using a combination of field survey information and record information to be furnished by the various utility companies. Manholes and inlets within the project area will be opened and the flowline elevations will be determined. Cross section elevations will be determined on top of the existing pavement at 100-foot intervals to nearest 0.01-foot. Each existing street intersection will be detailed with elevations to a point 100-feet beyond the point of intersection of the right-of-way lines. All supplemental data will be added to the digital planimetric map in accordance with current TxDOT specifications. 3-MAN CREW CAD OPERATOR R.P.L.S. 188 HOURS X $95.00 = $ 17,860.00 104 HOURS X $48.50 = $ 5,044.00 40 HOURS X $80.00 = $ 3,200.00 SUBTOTAL = $ 26,104.00 HORIZONTAL TIES TO WETLAND AREA(S) After the environmental consultant delineates the wetland areas, Walsh Surveying, Inc. will horizontally locate the pin flags and will relate them to the proposed right-of-way line of Dixie Farm Road. The wetland information will be added to the proposed right-of-way drawings. 3-MAN CREW SURVEY TECHNICIAN R.P.L.S. 20 HOURS X $95.00 = $ 1,900.00 17 HOURS X $50.50 = $ 858.50 2 HOURS X $80.00 = $ 160.00 SUBTOTAL = $ 2,918.50 TOTAL LABOR = $145,446.50 MATERIALS, RESEARCH, RENTALS = $ 2,000.00 TOTAL PROJECT = $147,446.50 Mr. Bavarian, we appreciate the opportunity to submit this proposal and look forward to working with you on this important project. Please feel free to contact me if you have any questions or if we can be of further service. Yurs truly, IS ichael D. Wilson, R.P.L.S. Vice President Walsh Surveying, Inc. Aug 11 00 02:05p Crossland Acquisition 7132900390 p.1 CROSSLAND ACQUISITION, INC. DIXIE FARM ROAD August 11, 2000 ACTIVITY FEE PER PARCEUDAY/HOUR TOTAL Title Examination $75.00 / HOUR x 320 = $ 24,000.00 Appraisal* $1,500.00 / PARCEL x 40 = $ 60,000.00 Special Commissioners Hearing $ 75.00 / HOUR x 50 = $ 3,750.00 Appraisal Acquisition $ 2,000.00 / PARCEL x 40 = $ 80,000.00 Special Commissioners Hearing $ 400.00 / DAY x 0 = $ Acquisition Relocation Assistance Residential $ 3,500.00 / PARCEL x 0 = $ Business $ 5,000.00 / PARCEL x 0 = $ GRAND TOTAL $ 167,750.00 • Cost will increase if appraisal review is required. The total cost for activities with Hourly rates may change since charges will be based on actual hours worked. Work Plan Digital Planimetric and Orthophoto Mapping City of Pearland, Texas The following work plan describes the services to be provided to Lockwood, Andrews and Newman, Inc. and Walsh/Freese & Nichols, Inc. for the Dixie Farm Road project; a 1,000' wide mapping strip in the City of Pearland, Texas. ADS shall provide all digital data in the format specified by Lockwood, Andrews and Newman, Inc. and Walsh/Freese & Nichols, Inc. All data provided will be compatible with Lockwood, Andrews and Newman, Inc. and Walsh/Freese & Nichols, Inc.'s computer hardware and software. Digital mapping will include the following aspects: • Obtain new aerial photography • Perform analytical aerotriangulation required for digital mapping • Perform 1"= 50' scale digital planimetric mapping • Perform digital terrain model (DTM) mapping • Develop ecited 1' contours from digital terrain model (DTM) mapping TECHNICAL PLAN OF OPERATION 1.0 Aerial Photography New black -and -white aerial photography will be obtained with a Zeiss RMK TOP 15 calibrated precision aerial mapping camera. The camera is equipped with forward motion compensation (FMC) and GPS interface with Trimble 4000SSE receiver. Aerial photography will be obtained at an altitude of approximately 1,500' AMT (above mean terrain) for digital mapping. The scale of photography will be 1:3,000. 2.0 Ground Control Lockwood, Andrews and Newman, Inc. and Walsh/Freese & Nichols, Inc shall provide control information required for the preparation of the proposed mapping. 3.0 Analytical Aerotriangulation Full analytical aerotriangulation is necessary to extend control throughout project photography for digital mapping. Selection of photogrammetric points for control extension will be performed with strict adherence to rigid geometric and photogrammetric principles. State- of-the-art instruments will be used to permanently mark the points on Work Plan Page -2- diapositives. Measurements will be made on Zeiss P-3 Planicomp analytical stereoplotters. Several computer programs will be run to perform data analysis and data refinement tasks prior to obtaining final results. These computer programs allow us to detect, isolate, and evaluate the contribution of all measurements to the final results. Following data analysis and refinement, ADS will perform a simultaneous least square block adjustment of all measurements to obtain the final results. The block adjustment combines the mathematical constraints of the colinearity equations with rigorous statistical analysis to ensure accurate results. 4_0 Digital Data Collection For Planimetric Features Digital data will be collected at 1"= 50 scale for planimetric features that are identifiable on, or interpretable from the aerial photographs. Features to be collected for this scale planimetric mapping shall include the following; buildings, roads, railroads, drainage features, bridges, culverts, fences, driveways, poles, sidewalks, individual trees, fire hydrants, manholes, and catch basins. Digital data will be collected for the specified area. Digital planimetric data will be provided in both AutoCAD and MicroStation format. Stereo compilation will be performed with Zeiss P-3 Planicomp, first order, fully analytical stereoplotters equipped with a digital mapping system including superimposition for on-line completeness and checking data accuracy. All stereo -compiled data will be collected directly from stereoplotters. 5.0 Digital Terrain Model (DTM) Development All digital terrain model (DTM) files will be developed using Zeiss P-3 Planicomp analytical stereoplotters. DTM will be developed using the specified breakline random point method. Profile distances will be based on the elevation differential and complexity of terrain. Data points along the profiles are collected as the stereoplotter operator maintains a consistent reference to the ground surface. The points are collected as the delta elevation changes by a pre - specified amount, usually equivalent to the particular mapping scale, or at a distance equal to a pre -determined grid spacing. DTM data will be collected in a manner that will accurately depict the terrain and will meet or exceed specified accuracy requirements for maps with 1' contour intervals. DTM data will be provided in specified format to be used with AutoCAD or Microstation. All files will be labeled and delivered on CD-ROM. 6_0 Edited Digital Contours ADS will develop 1' contour intervals from DTM data. Contours will be generated using Terramodel software. A triangular irregular network (TIN) will be developed using both the collected breaklines and mass points. From this TIN, the contours will be determined and cartographic editing will be Work Plan Page -3- performed. Edited contours will be provided in AutoCAD and MicroStation format. 7.0 Digital Orthophoto Development The following process will be used to produce digital orthophotos for the specified area: 1. Diapositives are produced on high -resolution transparent film under "clean darkroom" conditions. 2. The diapositives are scanned using a calibrated photogrammetric scanner to produce digital image files. Prior to orthophoto correction, the scanned images are checked on a workstation for completeness, cleanliness, and image quality. After quality is ascertained, ADS will complete the following steps using a rigorous "pixel -by -pixel" computation method process: 3. Interior orientation is performed whereby calibrated image fiducial marks are measured to establish a photo coordinate system. 4. Exterior orientation is performed, whereby coordinates and angles representing camera position and attitude (exterior orientation) are determined by either aerotriangulation or the Church method of space resection. The exterior orientation facilitates transforming the photo coordinates to ground coordinates. 5. Differential rectification is performed using an algorithm (that utilizes an elevation model in conjunction with the exterior orientation to correct displacement of ground features) to resample the image producing a geo-referenced orthophoto. 6. Each digital orthophoto image is checked for accuracy on a workstation. 7. ADS will deliver digital data in a format compatible with Lockwood, Andrews and Newman, Inc. and Walsh/Freese & Nichols, Inc.'s computer system. Orthophoto image files will be geographically referenced and delivered in format, ready to be displayed. The output pixel size will be .25', as specified by Lockwood, Andrews and Newman, Inc. and Walsh/Freese & Nichols, Inc. 8.0 Schedule Schedule to be determined by mutual agreement. Work Plan Page -4- 9.0 Items To Be Delivered Aerial Photography: 1. One (1) set of contact prints. Digital Mapping Data: 1. Digital planimetric data in AutoCAD and MicroStation format. 2. Digital terrain model (DTM) data in AutoCAD and MicroStation format. 3. Edited 1' contours in AutoCAD and MicroStation format. Digital Orthophotos: 1. Digital orthophotos with .25' pixel resolution in AutoCAD and MicroStation format. DIXIE FARM ROAD PEARLAND, TEXAS COST PROPOSAL SUMMARY RAW LABOR COST 1 0 LO Op <r} v} (r} ii} -co- -co- v} (r} (r} 0 N Lt) co V} $ 14,479.51 $ 23,034.61 $ 2,764.15 $ 3,446.04 $ 29, 244.80 0 404 OVERHEAD = TOTAL LABOR = FEE = DIRECT COSTS = GRAND TOTALS = Y N Q f- TASK 1: SUBTOTAL RAW LABOR = 0 N CO O ATTACHMENT D ESTIMATED LABOR HOURS a 0 y O o_ od Y � S W A y N CV V O 0 CO M CO CV 10 N 40 CO N 8 co ♦n N Vn an V to d 8 co „Arlan H.n N.n CV O 8 m N .0 co �O 8 N N N CV K 0 S 0 0 x 0 U O N b N n N P O v 1p N v O n n m v ri C N fV TASK 1 TOTAL = $ ATTACHMENT D ¢ ox CCw 2 ci cc Z aQ � w cc X W 0 c ESTIMATED DIRECT EXPENSES U Z W U_ cn w w W Z W a • I- xa w ❑ H J U Q wE CC w ❑ Q I Monthly Meetings: Mileage: Airfare: Lodging: Per diem: Rental Car: ICADD Hours: [Reproduction of engineering documents : No. Rate Photographic Paper 70 $ 0.75 $53 Photographic Film 70 S 1.25 $88 Plot Material $ 0.80 $0 N .a 0 Aerial Photography: 1,500' AMI No, Rate Moblization 1 $ 275.63 $276 Cross -Country 900 $ 3.03 $2,727 Flt. Line Miles 5.2 $ 13.79 $72 Turn Miles $ 3.86 $0 Exposures 35 $ 6.62 $232 U ci TOTAL DIRECT EXPENSES = O N CO Q O) 0 ATTACHMENT D LABOR AND OVERHEAD RATES U z w 0 w 0 J cc w ai E (() z E Li: } CC z w z } J C O i a) 0- CtS 0 U 918-622-4144 918-622-4119 E E zz CD x O LL LL E O O i0 (0 c a) iri 0) a E w U) (0 E O (0 0 (0 N 0 m (0 a. ATTACHMENT D ON &DOD TES , INC. Hydrologists and Civil Engineers Our Mission: The Best in Water Resources Engineering ri August 14, 2000 0791 Mr. Mehran Bavarian, P.E. Walsh/Freese and Nichols -LAN Joint Venture 2010 E. Broadway Pearland, Texas 77588-0760 Re: Dixie Farm Road Widening SH 35 to Beamer Road Dear Mehran: Phone: 281-485-2404 Fax: 281-485-4322 In response to your request, we are pleased to present this proposal to pro- vide engineering services for the Dixie Farm Road Widening project. The en- gineering services are to include hydrologic and hydraulic modeling, drainage impact analysis, and the determination of detention requirements. Background Information Based on the information you provided, we understand that the Walsh/Freese and Nichols (W/FN) and Lockwood, Andrews & Newnam, Inc. (LAN) joint venture has been selected to design the Dixie Farm Road Widening project. The design will conform to TxDOT standards and will result in a 4-lane divided/undivided roadway. We understand that the approximate 5-mile roadway segment will cross five streams including Cowart Creek, Mary's Creek Bypass, Mary's Creek, Clear Creek, and Mud Gully. These streams will serve as drainage outfall points for the roadway drainage systems. Each of the bridge structures, ex- cept the Clear Creek bridge, will be modified as a part of the project. The purpose of our analysis will be to identify hydrologic and/or hydraulic impacts attributable to the project at the outfall locations and within the watershed upstream/downstream of the project location. These impacts may in- clude increases in peak discharge flowrates, increases in water surface ele- vations, and a loss of flood plain storage volume. If impacts are identi- fied, recommendations for mitigation will be provided including detention re- quirements. Proposed Work Items In order to accomplish the purpose of the analysis, we propose to perform the following work items: 1. Data Collection/Review - We will collect, organize, and review information needed to perform the analysis. It is assumed that HEC-1 and HEC-2 models already exist and are available for each of the five streams. This effort will include: • Obtaining existing HEC-1 and HEC-2 models for the five streams • Coordination with TxDOT, City of Pearland, the Brazoria County Drainage District, and the HCFCD on available data and analysis con- straints 5629 F.M. 1960 West, Suite 314 Houston, TX 77069-4216 281/440-3787 or 1-800-235-8069 FAX 281/440-4742 e-mail: rdodson@dodson-hydro.com web site: www.dodson-hydro.com Mr. Bavarian 08/14/00 2 of 3 • Field Reconnaissance • Collecting other project -specific information Project -specific information will include schematics, bridge schematics, plan and profile information for the proposed roadway, roadway cross - sections, drainage areas contributing to the outfall locations, survey in- formation at the stream crossings, etc. It is anticipated that project - specific information will be provided to us from the WEI-LAN Joint Ven- ture. 2. Pre -Project Analysis - The purpose of this task will be to utilize avail- able information to represent the streams, from a hydrologic and hydraulic standpoint, as they exist prior to the proposed roadway and bridge modifi- cations. The result of this task will serve as the basis of comparison in the identification of project impacts. This task will include the deter- mination of peak discharges contributing to outfall locations before road- way widening using the rational formula, updating the HEC-1 and HEC-2 mod- els (if required) to more accurately describe pre -project conditions, and defining flood plain and floodway conditions relative to the proposed pro- ject. These tasks will be performed for each of the five stream cross- ings. 3. Post -Project Analysis - This analysis will be similar to the task above except it will modify the previous analysis as required to reasonably rep- resent conditions after project construction. As described above, it will address peak discharges contributing to the outfall locations and HEC-1 and HEC-2 models refinements for each of the five stream crossings. 4. Identify Impacts - A comparison between the post -project analysis and pre - project analysis will be performed to identify and quantify adverse im- pacts. Increases in peak discharges, increases in water surface profiles, volume of lost flood plain storage, and floodway encroachments will be de- fined to the degree needed to prepare mitigation recommendations. This task will be performed for each of the five stream crossings. Mitigation Recommendations - Since the magnitude of project impacts (if any) are unknown, it is difficult to predict the level of effort required to develop a mitigation plan. However, general recommendations can be provided that should address most common situations. The task will be to offer suggestions regarding: • Location, size, and general configuration fall structure • Location and approximate gation • Modifications energy losses Mitigation recommendations will be provided for each of the five crossings. More complex solutions and the evaluation of a number ternatives may require additional work to that proposed herein. 6. Documentation - We will prepare a letter report documenting our analysis. It will include a description of methods, a presentation of key parameters used in the analysis, a summary of the findings, and project recommenda- tions. The report will include exhibits and be prepared in a format suit- able for TxDOT review. Six copies of the final report will be provided. This task includes coordination with TxDOT, the City of Pearland, the Bra- 5. purpose of this of detention pond and out - volume of flood plain storage volume miti- to bridge/channel configuration to address changes in stream of al- Mr. Bavarian 08/14/00 3 of 3 zoria County Drainage District, the HCFCD, and the W/FN-LAN Joint Venture to answer questions, address comments, and provide intermediate progress reports. This proposal does not include the preparation of a CLOMR or LOMR submittal to FEMA or the local flood plain administrator. Budget and Schedule Requirements Our experience on similar projects suggests that a budget of $36,775 will be required to provide the work items listed above. We will not exceed this amount without additional authorization from you. A detailed estimate of ef- fort and staffing requirements for each task is provided on the attached spreadsheet. Compensation for engineering services is in accordance with the following rate schedule. The rates are the average direct salary compensation for the various employee categories. Category of Personnel Average Hourly Direct Rate Principals of the Firm $42.21 Senior Hydrologists and Project Managers $32.47 Staff Hydrologists and Engineers $22.73 Technical Support Staff and CAD Operators $19.48 Clerical Support Staff $12.99 Figured into the total budget are the company overhead rate of 175%, and the company profit rate of 12%. In addition, $500.00 of direct reimbursable ex- penses is included in the total budget to cover costs for mileage, reproduc- tion, and other normal miscellaneous expenses. We propose to perform the tasks listed above within 120-150 days from your written authorization to proceed. Conclusion Thank you for the opportunity to present this proposal. Please do not hesi- tate to contact us if you have any questions or require any additional infor- mation. Richard A. Kraus Senior Hydrologist Dodson & Associates, Inc. Attachment: Budget Worksheet Accepted Date BUDGET WORKSHEET Dixie Fann Road Widening Impacts Analysis 8/9/00 Available Working Days: 150 Work Item Senior Technical Clerical Principal Staff Staff Support Support Hrs. % Time TASK 1: DATA COLLECTION/REVIEW 1 Data Collection 2 Client 0 2 4 2 0.5 8.5 2% Coordination 3 Regulatory 0 4 0 2 0.5 6.5 1% Coordination 4 Site Visit 0 8 4 0 0.5 12.5 3% TASK 1 TOTAL 0 8 8 0 0.5 16.5 4% 0 22 16 4 2 44 9% TASK 2: PRE -PROJECT ANALYSIS 1 Cowart Creek 2 Mary's 0 4 10 2 0 16 3% Creek Bypass 3 Mary's 0 4 10 2 0 16 3% Creek 4 Clear 0 4 10 2 0 16 3% Creek 5 Mud 0 4 10 2 0 16 3% Gully TASK 2 0 4 10 2 0 16 3% TOTAL 0 20 50 10 0 80 17% TASK 3: POST -PROJECT ANALYSIS 1 Cowart Creek 0 4 12 2 0 18 4% 2 Mary's Creek Bypass 0 4 12 2 0 18 4% 3 Mary's Creek 0 4 12 2 0 18 4% 4 Clear Creek 0 4 12 2 0 18 4% 5 Mud Gully 0 4 12 2 0 18 4% TASK 3 TOTAL 0 20 60 10 0 90 19% TASK 4: IDENTIFY IMPACTS 1 Cowart Creek 0 2 8 0 0 10 2% 2 Mary's Creek Bypass 0 2 8 0 0 10 2% 3 Mary's Creek 0 2 8 0 0 10 2% 4 Clear Creek 0 2 8 0 0 10 2% 5 Mud Gully 0 2 8 0 0 10 2% TASK 4 TOTAL 0 10 40 0 0 50 11% TASK 5: MITIGATION RECOMMENDATIONS 1 Cowart Creek 0.5 8 16 4 0 28.5 6% 2 Mary's Creek Bypass 0.5 8 16 4 0 28.5 6% 3 Mary's Creek 0.5 8 16 4 0 28.5 6% 4 Clear Creek 0.5 8 16 4 0 28.5 6% 5 Mud Gully 0.5 8 16 4 0 28.5 6% TASK 5 TOTAL 3 40 80 20 0 143 31% TASK 6: DOCUMENTATION 1 Periodic Updates 0 4 4 0 0 8 2% 2 Prepare Report 1 16 8 8 3 36 8% 3 Presentation of Data 0 8 4 2 1 15 3% TASK 6 TOTAL 1 28 16 10 4 59 13% TOTAL ALL TASKS, HOURS 4 140 262 54 6 466 100% Hours Per Working Day 0.02 0.93 1.75 0.36 0.04 3.10 Direct Compensation, Hourly 542.21 532.47 522.73 519.48 512.99 Direct Compensation, TOTAL 5148 $4,545 55,955 51,052 $78 S11,777.60 TOTAL BUDGET REQUIREMENT Direct Compensation 511,777.60 Overhead 175% $20,610.80 Profit 12% 53,886.61 Reimbursable Expenses 5500.00 TOTAL BUDGET REQUIREMENT: $36,775.00 - CORRIGAN CONSULTING, INC. 1909 Capri Lane P.O. Box 99, Seabrook, Texas 77586-0099 (281) 474-7455 • Fax (281) 474-4501 Mr. Mehran Bavarian WFN-LAN Joint Venture 2010 E. Broadway Pearland, Texas 77581 December 19, 2000 Re: Wetlands Delineation and USACE Pre -construction Notification Dixie Farm Road Expansion Pearland, Texas CCI Proposal Number: 00PR-1055R3 Dear Mr. Bavarian: Corrigan Consulting, Inc. is pleased to propose our services to delineate wetlands for the Dixie Farm Road expansion project. Wetland areas, present at the bridge crossings, will be impacted during the construction project. These areas were determined to fall under a Nationwide Permit (NWP) 14, which requires filing a Pre -construction Notification (PCN) with the U.S. Army Corps of Engineers (USACE). WFN-LAN Joint Venture has requested Corrigan Consulting, Inc. to conduct a wetlands delineation and obtain all environmental permits in order to meet the USACE and Texas Department of Transportation (TxDOT) requirements. In addition, the right-of-way (ROW) on the south side of Dixie Farm Road between Beamer Road and Mud Gulley may be impacted by the Brio Refining Superfund Site. Since the Brio Site Task Force has agreed to excavate the soil in this area and replace the soil with clean fill, it will only be necessary to perform verification sampling after the excavation and, based on those results, to develop a worker health and safety plan for the construction activities. As required by TxDOT, WFN-LAN Joint Venture has requested Corrigan Consulting, Inc. to conduct the sampling and prepare the worker health and safety plan. In addition, once the engineering design for the bridge at Mud Gulley is completed, we can provide the necessary consulting regarding hazardous materials for the construction work in this area. Item 1: Project Coordination and Review Since the original completion of the field work in 1996 and preparation of the Environmental Assessment (EA) document, the NWP 14 has been modified and may undergo further changes. Therefore, at the onset of this project, Corrigan Consulting, Inc. will review the NWP 14 requirements and verify the applicability to this project. In addition, previous file information dating back to 1995 will be reviewed. An internal kick-off meeting will be scheduled to review pertinent project data, project goals, and schedule. Corrigan Consulting, Inc. staff will coordinate with Walsh/Freese and Nichols, Inc. (Walsh) on a weekly basis to provide status reports. Walsh will be responsible for providing a current base map prior to the project kick- off. CORRIGAN CONSULTING, INC. Item 2: Field Survey and Wetlands Delineation During the field work, we will verify that conditions along the roadway meet NWP 14 criteria. We will delineate the wetlands within the future right-of-way at the bridge crossings using the routine field method from the 1987 "Corps of Engineers Wetland Delineation Manual" (Technical Report Y-87-1). Item 3: Document Preparation and Pre -Application Consultation Corrigan Consulting, Inc. will conduct a Pre -Application Consultation with the USACE and other regulatory agencies at the next available Joint Processing Meeting to discuss the existing conditions and the proposed action in order to ascertain the best permitting approach. Results of the Consultation will dictate whether a PCN will be used or an Individual Permit. Upon reviewing the information obtained during the field survey, a report will be prepared in the format of the USACE PCN, and will include the following items: • A brief description of the methods employed; • A map of the delineated wetland areas including the location and dimensions of the wetlands as verified by land survey. Walsh Surveying will be responsible for completing the surveying and providing a map with the surveyed wetlands; • A map showing site boundaries on a USGS Topographic Quadrangle; • A map showing the site boundaries on a USFWS National Wetland Inventory Map; • A map showing the site boundaries on a NRCS Soil Survey Map; • A table giving the estimated area, wetland type, and our opinion on mitigation ratio for each delineated wetland; and • Appendices containing wetland data sheets and a photo log. For the purposes of this proposal, it is assumed that the only wetland impacts will be at the bridge crossings, which should qualify under NWP 14. Corrigan Consulting, Inc. will prepare and submit the PCN required for NWP 14 and will follow up with the USACE to ensure that a response is obtained. Although not anticipated, if an individual permit application were required, an additional scope of work would be necessary. Item 4: Brio Site ROW Verification Sampling & Worker Health & Safety Corrigan Consulting, Inc. will perform verification sampling after the Brio Site Task Force has excavated the soil along the ROW on the south side of Dixie Farm Road. A site -specific work plan and health and safety plan will be prepared prior to the sampling. A random sampling program will be developed including 10 soil samples (0.0 to 2.0 foot composite samples). Samples will be analyzed for volatile organic constituents and semi -volatile organic constituents. All decontamination wastewater will be containerized for off -site disposal. A report including a worker health and safety program will be prepared for delivery to TxDOT prior to the construction activities. P 0 Box 99 • Seabrook, Texas 77586-0099 • (281) 474-7455 CORRIGAN CONSULTING, INC. Although not anticipated, if any of the samples contain concentration of constituents above the worker safety standards, we will coordinate with you and with the Brio Site Task Force to conduct spot remediation as needed. For the purpose of this proposal, it is assumed that this will not be required and that any additional sampling would be conducted as an additional scope of work. Upon completing the Mud Gulley bridge design, we can assist you to address the hazardous materials issues. For the purpose of this proposal, we have included 24 hours of time for this item. Additional consulting and/or investigation can be provided as an additional scope of work. Schedule and Cost We are prepared to begin work on this project within two weeks of receiving a signed Authorization Form from WFN-LAN Joint Venture, Inc. Based on our experience, the wetland delineation and PCN can be completed within two to three weeks. Coordination with the USACE to obtain a response may take addition time. The estimated cost to complete this work is detailed in Attachment A. Monthly invoices will be submitted based on actual cost but will not exceed the estimated total without prior authorization. Remittance will be due within 30 days of the date on the invoice. We appreciate the opportunity to be of assistance to you. If you have any questions please feel free to call me or Mr. Glenn W. Laird, Senior Associate, at (281) 474-7455. GAC/GWL/jm Enclosure Sincerely, (2AIIW‘r '974t--w Gail A. Corrigan President P 0 Box 99 • Seabrook, Texas 77586-0099 • (281) 474-7455 CORRIGAN CONSULTING, INC. December 19, 2000 ATTACHMENT A Cost Estimate City of Pearland Dixie Farm Road Wetlands Item 1 Project Coordination and Review (Function Code 120) Classification Manhours Rate Cost Principal 2 $ 41.00 $ 82.00 Senior Associate 8 $ 36.00 $ 288.00 Environmental Scientist 6 $ 18.00 $ 108.00 Secretary 0 $ 14.00 $ Subtotal 14 $ 396.00 Expenses Cost None $ - Subtotal $ Item 2 Field Survey and Wetlands Delineation (Function Code 120) Classification Manhours Rate Cost Senior Associate 16 $ 36.00 576 Environmental Scientist 16 $ 18.00 288 Subtotal 32 $ 864.00 Expenses Cost Per Diem (@ $75/day) $ - Mileage (@$0.28/mi.) $ 63.00 Subtotal $ 63.00 FPC9gROlx 99 • Seabrook, Texas 77586-0099 • (281) 474-7455 CORRIGAN CONSULTING, INC. ATTACHMENT A Cost Estimate City of Pearland Dixie Farm Road Wetlands Item 3 Document Preparation and Pre -Application Consultation (Function code 120) Classification Manhours Rate Cost Principal 4 $ 41.00 $ 164.00 Senior Associate 28 $ 36.00 $ 1,008.00 Enviromental Scientist 60 $ 18.00 $ 1,080.00 Secretary 16 $ 14.00 $ 224.00 Subtotal 104 $ 2,312.00 Expenses Cost Reproduction and Color Copies $ 500.00 Deliveries, Supplies, ect. $ - Subtotal $ 500.00 Item 4 Brio/Agency Coordination (Function Code 120) Road Design Assistance - Non-HazMat Portion Classification Manhours Rate Cost Principal 8 $ 41.00 $ 328.00 Principal (bridge) 24 $ 41.00 $ 984.00 Senior Associate 12 36.00 432.00 Project Manager 34 29.00 986.00 Project Geologist 26 18.00 468.00 Field Scientist 0 15.00 0.00 Secretary 8 14.00 112.00 Subtotal 112 $ 3,310.00 HazMat Portion Classification Manhours Rate Cost Principal 8 $ 41.00 $ 328.00 Senior Associate 8 36.00 288.00 Project Manager 36 29.00 1044.00 Project Geologist 64 18.00 1152.00 Field Scientist 60 15.00 900.00 Secretary 0 14.00 0.00 Subtotal 176 $ 3,712.00 Expenses (Non-HazMat) Cost Reproduction and Color Copies $ 100.00 Deliveries, Supplies, ect. $ 200.00 Subtotal $ 300.00 Expenses (HazMat) Cost Laboratory analysis $ 7,258.00 Decon waste disposal $ 500.00 Mileage (@$0.28/mi.) $ 124.00 Subtotal $ 7,882.00 December 19, 2000 P EfiagEbx 99 • Seabrook, Texas 77586-0099 • (281) 474-7455 CORRIGAN CONSULTING, INC. Item Direct Labor 1 $ 396.00 2 $ 864.00 3 $ 2,312.00 4 $ 3,310.00 4 $ 3,712.00 Subtotal $ 6,882.00 ATTACHMENT A Cost Estimate City of Pearland Dixie Farm Road Wetlands Overhead (189 % ) $ 748.44 $ 1,632.96 $ 4,369.68 $ 6,255.90 $ 7,015.68 $ 13,006.98 Direct Expenses Per Diem (@ $75/day) > $ Mileage (@ $0.28/mi) > $ 187.00 Reproduction and Color Copies > $ 600.00 Deliveries, Supplies, etc. > $ 200.00 Laboratory analysis > $ 7,258.00 Decon waste disposal > $ 500.00 Surveying > $ Maps > $ Other > $ - Subtotal $ 8,745 00 December 19, 2000 Total Labor Fixed Fee Total Cost $ 1,144.44 $ 137.33 $ 1,281.77 $ 2,496.96 $ 299.64 $ 2,796.60 $ 6,681.68 $ 801.80 $ 7,483.46 $ 9,565.90 $ 1,147.91 $ 10,713.81 $ 10,727.68 $ 1,287.32 $ 12,015.00 $ 19,888.98 $ 2,386.68 $ 34,290.66 TOTAL ENVIRONMENTAL ASSESSMENT COST $ 43,035.66 TOTAL HOURS ASSIGNED 262 hrs P t983Dx 99 • Seabrook, Texas 77586-0099 • (281) 474-7455 TEDSI INFRASTRUCTURE GROUP Consulting Engineers 5700 NW Central Dr. • Suite 220 ♦ Houston, Texas 77092 December 12, 2000 Mr. Ron Bavarian, P.E. Walsh/Freese and Nichols, Inc. 2010 East Broadway Pearland, Texas 77581-5502 Re: Dixie Farm Road Widening From State Highway 35 to Beamer Road "Revised" Traffic Engineering Proposal Dear Mr. Bavarian: TEDSI Infrastructure Group (TEDSI) appreciates the opportunity to submit this "revised" Lump Sum Proposal to Walsh/Freese and Nichols, Inc. and Lockwood, Andrews & Newnam, Inc., Joint Venture (WFN-LAN), to perform traffic -engineering services required in conjunction with the Dixie Farm Rd. widening, from State Highway 35 (SH 35) to Beamer Rd. This proposal is based on our understanding of the Scope of Services as stated in your letter dated November 10, 1999 and our meeting with representatives of the Texas Department of Transportation (TxDOT). The traffic engineering services includes the Final Design Service only. The Contract Phase and Construction Phase are not included with this proposal. The Scope of Services and associated fees are identified in Attachment "A". PROJECT UNDERSTANDING WFN-LAN Joint Venture have been selected by the TxDOT and the City of Pearland (COP) as the consulting engineering company to provide the necessary engineering design services for the proposed widening of Dixie Farm Road from SH 35 to Beamer Road. TEDSI has been assigned certain traffic engineering tasks to be performed under a sub -consultant contract with WFN- LAN. These tasks include Traffic Data Collection, Traffic Engineering Analysis and Traffic Signal design. This project will require some re -alignment and the acquisition of additional rights -of -way to widen the existing pavement to a four -lane (4) boulevard section. It is our understanding that TxDOT will be providing a portion of the cost of the reconstruction of this road. As such, all design will be in accordance with TxDOT standards, and will be prepared in English Units. 0 Tel: 713/895-9810 • TEDSI • Fax: 713/895-9823 Mr. Ron Bavarian, P.E. December 12, 2000 Page 2 The engineering services to be provided by TEDSI consist of three (3) main tasks: 1) TRAFFIC DATA COLLECTION: In order to conduct traffic signal warrant analysis for the intersections included with this project, traffic data collection would be required, such as 24-hour traffic counts, turning movement counts, operating speeds, accident records, etc. 2) TRAFFIC ENGINEERING ANALYSIS: Based on the information and data collected, traffic projections will be developed for expected completion year. Traffic Signal Warrant Studies will be conducted for the following intersections: • Dixie Farm Road at FM 518 • Dixie Farm Road at SH 35 • Dixie Farm Road at McDonald • Dixie Farm Road at McGinnis • Dixie Farm Road at Westfield • Dixie Farm Road at Oakbrook 3) TRAFFIC SIGNAL DESIGN: Based on the results of the traffic signal warrant studies, and with prior approval of TxDOT, TEDSI will prepare the design drawings and construction documents for the replacement of two (2) existing traffic signals (FM 518 and SH 35), including temporary signals during construction, modifications to one (1) existing traffic signal (Beamer Road), prepare the design drawings for four (4) new traffic signals "if warranted", and replace two (2) existing School Zone Flasher Lights. Traffic Signal Design (if warranted) will be provided for the following intersections: • Dixie Farm Road at FM 518 (Signal Replacement) • Dixie Farm Road at FM 518 (Temporary Signal During Construction) • Dixie Farm Road at SH 35 (Signal Replacement) • Dixie Farm Road at SH 35 (Temporary Signal During Construction) • Dixie Farm Road at Beamer Road (Re -Design Eastbound Loop Detectors) • Dixie Farm Road at McDonald (New Signal System) • Dixie Farm Road at McGinnis (New Signal System) • Dixie Farm Road at Westfield (New Signal System) • Dixie Farm Road at Oakbrook (New Signal System) • Dixie Farm Road Eastbound School Zone Flasher Light (Signal Replacement) • Dixie Farm Road Westbound School Zone Flasher Light (Signal Replacement) WFN-LAN will provide TEDSI all the required electronic files for the approved proposed geometry for the above locations, relocated utilities and any other pertaining information available to WFN-LAN. TEDSI will include with the signal design, all the required traffic signal signs, advanced warning signs and striping of crosswalks and stop bars. Optical detectors, advance warning flashers and traffic signal interconnect system are not included with this proposal. Mr. Ron Bavarian, P.E. December 12, 2000 Page 3 This proposal does not include the design of Traffic Control Plans, Storm Water Pollution Prevention Plans, Wheelchair Ramps, Permanent Pavement Markings and Signing, determination of left turn storage lengths, or traffic signal modifications to the intersection of Dixie Farm Road, other than the eastbound loop detectors replacement. As such, these tasks are not included in this proposal. SCHEDULE TEDSI shall perform the services in collaboration with, character, sequence and timing so that it will coordinate with services provided by WFN-LAN under the Prime Agreement. We estimate sixty calendar days (60) for the completion of Data Collection and Traffic Analysis and ninety calendar days (90) for the completion of the Design Phase from the date on which an executed contract and written notice to proceed is received from WFN-LAN. The completion of work is contingent upon the availability of required information from WFN-LAN and does not include the time necessary for agency review. COMPENSATION The work as defined in the Scope of Services will be performed at a lump sum fee, unit cost or hourly rates for the various Tasks outlined in Attachment "A". The cost proposal includes all the necessary direct expenses estimated to complete these tasks as specified in the Scope of Services. Any work not specifically stated in the Scope of Services will be considered as additional work and will be subject to negotiation. Invoices will be rendered monthly either as final or partial billing, and will be payable within thirty days (30) of the date of invoice unless other arrangements have been previously made. Any invoice not received within the time period mutually agreed upon by WFN-LAN and TEDSI will be considered delinquent and will be assessed an additional daily charge of 0.033% multiplied by the invoice amount until said amount is received. TEDSI may terminate all work activities until delinquent payment is received. CONDITIONS TEDSI will perform its duties as reasonably required to accomplish the work as described herein. The services provided for this project apply only to this specific project and may not be used for any other project. Information supplied by WFN-LAN is represented to be accurate and WFN- LAN acknowledges that TEDSI is relying upon such information in its quotation, acceptance and performance of the project. Mr. Ron Bavarian, P.E. December 12, 2000 Page 4 This proposal is valid for ninety calendar days (90) and does not in any way constitute a binding contract. A legal sub -contract agreement specifying explicit terms and conditions between WFN-LAN and TEDSI shall be executed prior to commencement of work. Thank you for the opportunity to provide this proposal to Walsh/Freese and Nichols, Inc. — Lockwood, Andrews & Newnam, Inc., Joint Venture. We trust that the information provided is sufficient for you to evaluate this proposal. We look forward to working with you on this important project. Should you have any questions or need additional information, please advise. Sincerely, TEDSI INFRASTRUCTURE GROUP Ricardo Rivero Manager of Engineering Enclosures: As noted CC.: File SCOPE OF SERVICES 12/12/00 DIXIE FARM ROAD — From SH 35 to Beamer Road ATTACHMENT "A" SCOPE OF TRAFFIC ENGINEERING SERVICES DIXIE FARM ROAD FROM STATE HIGHWAY 35 TO BEAMER ROAD DESIGN PHASE GENERAL The scope of services and associated fees are based on the following: 1) TEDSI Infrastructure Group (TEDSI) will coordinate all of its work with Walsh/Freese and Nichols, Inc. and Lockwood, Andrews & Newnam, Inc. Joint Venture (WFN-LAN), the Texas Department of Transportation (TxDOT) and the City of Pearland (COP). 2) All traffic design work to be performed by TEDSI will be based on roadway drawings and approved intersection geometry provided by WFN-LAN. 3) WFN-LAN will provide TEDSI with all existing survey information, including utility and storm sewer information. Surveys shall also identify all existing and proposed underground utilities (public or private), and existing and proposed rights -of -way within the project limits. All information shall be provided in a levelized AutoCADD or Microstation CADD format. 4) All traffic signal design drawings shall be based on the Texas Manual on Uniform Traffic Control Devices (TMUTCD), the Americans with Disabilities Act (ADA), Texas Department of Transportation (TxDOT) guidelines, Harris County Public Infrastructure (HCPID) guidelines and approved roadway design geometry provided by WFN-LAN. This proposal does not include the design of Traffic Control Plans, Storm Water Pollution Prevention Plans, Wheelchair Ramps, Permanent Pavement Markings and Signing, determination of left turn storage lengths, or traffic signal modifications to the intersection of Dixie Farm Road at Beamer Road, other than eastbound loop detectors replacement. As such, these tasks are not included in this proposal. TASK 1: TRAFFIC DATA COLLECTION TASK 1.A: SPEED DETERMINATION. Collect speed data (Spot Speed) along Dixie Farm Road. The data collected will be for each direction of traffic and shall be adequate to determine the traffic speeds. The following locations are recommended: • Dixie Farm Road, between Beamer Rd. and FM 518 (two directions). • Dixie Farm Road, between FM 518 and SH 35 (two directions). TEDSI INFRASTRUCTURE GROUP Page 1 of 4 SCOPE OF SERVICES 12/12/00 DIXIE FARM ROAD TASK 1.B: 24 - HOUR - TRAFFIC COUNTS. Mechanically record vehicle volumes (one direction) for a continuous 24 - hour period. Traffic counts will be tabulated in 15 - minute intervals and the results will be presented in a table and graphic form. Data will be collected either on Tuesdays, Wednesdays or Thursdays and will be used to conduct traffic signal warrant studies. The following locations are recommended: • Westbound on Dixie Farm Road, east of McDonald (for two intersections) • Northbound on McDonald, south of Dixie Farm Road • Southbound on McDonald, north of Dixie Farm Road • Eastbound on Dixie Farm Road, west of McGinnis (for two intersections) • Northbound on McGinnis, south of Dixie Farm Road • Southbound on McGinnis, north of Dixie Farm Road • Westbound on Dixie Farm Road, east of FM 518 • Eastbound on Dixie Farm Road, west of FM 518 • Northbound on FM 518, south of Dixie Farm Road • Southbound on FM 518, north of Dixie Farm Road • Westbound on Dixie Farm Road, east of Westfield (for two intersections) • Northbound on Westfield, south of Dixie Farm Road • Southbound on Oakbrook, north of Dixie Farm Road. • Eastbound on Dixie Farm Road, west of Oakbrook (for two intersections) • Westbound on Dixie Farm Road, east of SH 35 • Northbound on SH 35, south of Dixie Farm Road • Southbound on SH 35, north of Dixie Farm Road. TASK 1.C: TURNING MOVEMENT COUNTS: After traffic counts are obtained and peak periods are determined, manually record turning movements for one AM and one PM peak period. The results will be presented in a table form, tabulated in 15-minute intervals, for each of the pre -established intersections. The following intersections are recommended: • Dixie Farm Road at FM 518 • Dixie Farm Road at SH 35 • Dixie Farm Road at McDonald • Dixie Farm Road at McGinnis • Dixie Farm Road at Westfield and Oakbrook TEDSI INFRASTRUCTURE GROUP Page 2 of 4 SCOPE OF SERVICES 12/12/00 DIXIE FARM ROAD TASK 1.D: PROJECTED TRAFFIC VOLUMES. Based on information obtained from various agencies and data collected by TEDSI, project traffic volumes to obtain opening day conditions, including projected volumes for future planned development. The projected volumes will be used as basis for analyzing traffic warrant studies. TASK 1.E: ACCIDENT REPORTS. Obtain accident reports from the Texas Department of Transportation (TxDOT), or the Texas Department of Public Safety (TxDPS) for the six existing intersections to be studied (Dixie Farm Road at McDonald, at McGinnis, at FM 518, at Westfield, at Oakbrook, and at SH 35). The report shall include the most recent accident data on file for a period of a twelve-month history. This information will be utilized for the traffic analysis. TASK 2: TRAFFIC ENGINEERING ANALYSIS TEDSI shall conduct Traffic Signal Warrant Analysis based on the proposed roadway geometry and projected traffic volumes for opening day conditions, in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and TxDOT procedures. Traffic Signal Warrant Studies will be performed for the following intersections: TASK 2.A: TASK 2.B: TASK 2.C: TASK 2.D: TASK 2.E: TASK 2.F: DIXIE FARM ROAD AT McDONALD. DIXIE FARM ROAD AT McGINNIS. DIXIE FARM ROAD AT FM 518. DIXIE FARM ROAD AT WESTFIELD. DIXIE FARM ROAD AT OAKBROOK. DIXIE FARM ROAD AT SH 35. REPORT: TEDSI will prepare and submit, for each intersection, three (3) advance copies of the Traffic Signal Warrant Studies along with all the traffic data collected for review and comments by WFN-LAN, TxDOT and COP and will prepare five (5) copies of the final report. TASK 3: TRAFFIC SIGNAL DESIGN If traffic signals are warranted and approved by TxDOT and COP, TEDSI will prepare the Preliminary Design and Final Design plans and details and for the proposed "warranted" traffic signal installations on Dixie farm Road at McDonald, at McGinnis, at FM 518, at Westfield, at Oakbrook and at SH 35. TEDSI INFRASTRUCTURE GROUP Page 3 of 4 SCOPE OF SERVICES 12/12/00 DIXIE FARM ROAD In addition, TEDSI will prepare the required design for temporary traffic signals during construction for the existing signalized intersections at FM 518 and at SHI5, as well as the replacement of the two school zone flasher lights. The design drawings will conform to current TxDOT criteria. Plan layouts shall be prepared on 1" = 20' scale drawings. Final drawings will be prepared on 22" x 34" sheets. All review plans will be on 11" x 17" (half-size) scaled drawings. Bid documents will be prepared in accordance with TxDOT requirements. Permanent traffic signal plans shall consist of the following drawings: • Existing Condition Diagram (showing existing signal where applicable and existing intersection geometry) • Proposed Traffic Signal Layout (showing proposed signal layout and the proposed intersection geometry) • Elevation Layout (showing elevation of catenary system only) • Standard Detail Drawings for Traffic Signalization • Basis of Estimate (quantity of materials to be supplied for each intersection) TEDSI will prepare the design drawings and construction documents for the following projects: TASK 3.A: TASK 3.B: TASK 3.C: TASK 3.D: TASK 3.E: TASK 3.F: TASK 3.G: TASK 3.H: TASK 3.I: TASK 3.J: TRAFFIC SIGNAL DESIGN - DIXIE FARM ROAD AT McDONALD. TRAFFIC SIGNAL DESIGN — DIXIE FARM ROAD AT McGINNIS. TRAFFIC SIGNAL DESIGN — DIXIE FARM ROAD AT FM 518. TEMPORARY TRAFFIC SIGNAL DESIGN- DIXIE FARM ROAD AT FM 518. TRAFFIC SIGNAL DESIGN — DIXIE FARM ROAD AT WESTFIELD. TRAFFIC SIGNAL DESIGN — DIXIE FARM ROAD AT OAKBROOK. TRAFFIC SIGNAL DESIGN — DIXIE FARM ROAD AT SH 35. TEMPORARY TRAFFIC SIGNAL DESIGN — DIXIE FARM ROAD AT SH 35. SCHOOL ZONE FLASHER SIGNAL DESIGN — TWO SIGNALS ALONG DIXIE FARM ROAD. MODIFICATIONS TO THE EASTBOUND LOOP DETECTORS — DIXIE FARM ROAD AT BEAMER ROAD. TEDSI INFRASTRUCTURE GROUP Page 4 of 4 TRAFFIC DATA COLLECTION AND TRAFFIC WARRANT STUDIES LABOR CLASSIFICATION Total Man -Hours Salary Rate Payroll OH G&A OH Labor Cost TMH SR X Y (TMH)(SR)[1 + (X+Y)] SIGNAL WARRANT PER INTERSECTION Project Manager 3 $ 42.50 40% 125% $ 337.88 Project Engineer 10 $ 36.00 40% 125% $ 954.00 Engineering Designer 50 $ 23.50 40% 125% $ 3,113.75 Sub -Total Labor 63 $ 4,405.63 Fixed Fee (12%) $ 528.68 TOTAL PER $ 4,934.31 INTERSECTION TOTAL LABOR + FIXED FEE FOR SIX (6) INTERSECTIONS X 6 = $29,605.86 NON -LABOR Units Rate Non -Labor CLASSIFICATION Cost FOR ALL SIX (6) INTERSECTIONS 24 Hour Traffic Counts 17 $150.00 Mileage 500 $ 0.28 Reproduction, Photographs, LS At Cost Delivery Total Non -Labor GRAND TOTAL $ 2,550.00 $ 140.00 $ 500.00 $3,190.00 $3,190.00 $32,795.86 TEDSI INFRASTRUCTURE GROUP DIXIE FARM ROAD - 12/12/00 TRAFFIC SIGNAL DESIGN — PERMANENT SIGNALS LABOR CLASSIFICATION Total Man -Hours Salary Rate Payroll OH G&A OH Labor Cost TMH SR X Y (TMH)(SR)[1 + (X+Y)] TRAFFIC SIGNAL DESIGN PERMANENT SIGNALS Project Manager 11 $ 42.50 40% 125% $ 1,238.88 Project Engineer 29 $ 36.00 40% 125% $ 2,766.60 Engineering Designer 48 $ 23.50 40% 125% $ 2,989.20 CADD Technician 96 $ 22.00 40% 125% $ 5,596.80 Clerical 4 $ 14.00 40% 125% $ 148.40 Sub -Total Labor 188 $ 12, 739.88 Fixed Fee (12%) $ 1,528.79 TOTAL PER $ 14,268.67 INTERSECTION TOTAL LABOR + FIXED FEE FOR SIX (6) PERMANENT SIGNALS X 6 = $85,612.02 NON -LABOR Units Rate NON -LABOR CLASSIFICATION FOR COST ALL SIX (6) PERMANENT SIGNALS Mileage 500 $ 0.28 $ 140.00 Reproduction LS At Cost $ 400.00 Total Non -Labor $540.00 GRAND TOTAL $540.00 $86,152.02 TEDSI INFRASTRUCTURE GROUP DIXIE FARM ROAD - 12/12/00 TRAFFIC SIGNAL DESIGN — TEMPORARY SIGNALS LABOR CLASSIFICATION Total Man -Hours Salary Rate Payroll OH G&A OH Labor Cost TMH SR X Y (TMH)(SR)[1 + (X+Y)] TRAFFIC SIGNAL DESIGN TEMPORARY SIGNALS Project Manager 2 $ 42.50 40% 125% $ 225.25 Project Engineer 10 $ 36.00 40% 125% $ 954.00 Engineering Designer 20 $ 23.50 40% 125% $ 1,245.50 CADD Technician 30 $ 22.00 40% 125% $ 1,749.00 Sub -Total Labor 62 $ 4,173.75 Fixed Fee (12%) $ 500.85 TOTAL PER $ 4,674.60 INTERSECTION TOTAL LABOR + FIXED X 2 = $9,349.20 FEE FOR TWO (2) TEMPORARY SIGNALS NON -LABOR Units Rate NON -LABOR CLASSIFICATION FOR COST TWO (2) TEMPORARY SIGNALS Mileage 100 $ 0.28 $ 28.00 Reproduction LS At Cost $ 50.00 Total Non -Labor $ 78.00 GRAND TOTAL $78.00 $9,427.20 TEDSI INFRASTRUCTURE GROUP DIXIE FARM ROAD - 12/12/00 TRAFFIC SIGNAL MODIFICATION AND SCHOOL ZONE FLASHERS DESIGN LABOR CLASSIFICATION Total Man -Hours Salary Rate Payroll OH G&A OH Labor Cost TMH SR X Y (TMH)(SR)[1 + (X+Y)] SCHOOL ZONE FLASHER LIGHT SIGNAL DESIGN Project Manager 1 $ 42.50 40% 125% $ 112.63 Project Engineer 5 $ 36.00 40% 125% $ 477.00 Engineering Designer 10 $ 23.50 40% 125% $ 622.75 CADD Technician 8 $ 22.00 40% 125% $ 466.40 Sub -Total Labor 24 $ 1,678.78 Fixed Fee (12%) $ 201.45 TOTAL PER $ 1,880.23 INTERSECTION TOTAL LABOR + FIXED FEE FOR TWO (2) SCHOOL ZONE FLASHER LIGHT SIGNALS SIGNAL MODIFICATIONS (LOOP DETECTORS) BEAMER ROAD SIGNAL X 2 = $3,760.46 Project Manager 6 $ 42.50 40% 125% $ 675.75 Project Engineer 10 $ 36.00 40% 125% $ 954.00 Engineering Designer 10 $ 23.50 40% 125% $ 622.75 CADD Technician 16 $ 22.00 40% 125% $ 932.80 Sub -Total Labor 42 $ 3,185.30 Fixed Fee (12%) $ 382.24 TOTAL PER INTERSECTION $ 3,567.54 $3,567.54 NON -LABOR Units Rate NON -LABOR CLASSIFICATION FOR COST TWO (2) SCHOOL ZONE FLASHER LIGHTS AND BEAMER ROAD SIGNAL. Mileage 100 $ 0.28 $ 28.00 Reproduction LS At Cost $ 50.00 Total Non -Labor $ 78.00 GRAND TOTAL $78.00 $7,406.00 TEDSI INFRASTRUCTURE GROUP DIXIE FARM ROAD - 12/12/00 ac Qs co awe t ' oG.Qe ea 6 o� Goy CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN VERNON G. HENRY & ASSOCIATES, INC. (CONSULTANT) AND WEI-LAN, JOINT VENTURE (CLIENT) L PROJECT The project is Dixie Farm Road Widening from State Highway 35 to the Pearland city limit. The project is divided into two parts. The first part extends from State Highway 35 to Clear Creek, a distance of approximately 19,500 feet. The second part extends from Clear Creek to the Pearland city limit, a distance of approximately 2,200 feet. The Texas Department of Transportation (TxDOT) and the City of Pearland are participants in funding the project, with TxDOT funding the largest portion. The project will be bid as a TxDOT project. Consequently, all designs must meet TxDOT standards. The specific sites to receive landscape development are all medians and both sides of the street from the curbs to the right-of-way lines. IL PROGRAM The following improvements are to be designed by the Consultant: Tree and shrub plantings and an automatically controlled irrigation system to water only the trees and shrubs. Grass areas will not be irrigated. Fine grading of all plant areas and hydromulching of grass areas will be part of the general street contract, not the landscape contract. Design of fine grading and hydromulching are not part of this proposal. HL SCOPE OF SERVICES A. CONSTRUCTION DOCUMENTS The Consultant will prepare landscape development construction documents for all site areas to receive landscape development as described in the Program statement above. These documents will be prepared for inclusion in the Client's set of documents and will be provided in two separate sets of documents corresponding to the two parts of the project as described above. Each set will include: 1. Irrigation plans and installation details 2. Planting plans showing plant locations, names, quantities and sizes. 3. Planting installation details. 4. Plant list. Vice Presidents: Mary Lou Henry, A.I.C.P. Michael L. Ilse, A.S.L.A. Stan Winter, A.I.C.P. 515 Post Oak Blvd., Suite 205, Houston, Texas 77027 (713) 627-8666 Fax: (713) 627-7666 oc c( 5. Written technical specifications for the type, quality, and irrigation materials and for their installation. These prepared on disk in a format as required by the Client. In addition, the Consultant will provide the Client with a plan sizes of sleeves required to accommodate the irrigation system. size of all planting and specifications will be showing locations and The Consultant understands that the Client will submit documents to TxDOT and the City of Pearland at 30%, 60%, 90%, and 100% completion stages and that the 90% completion stage will likely equate to 100% completion for the landscape documents. Correspondingly, the 30% completion stage will essentially be the preliminary design stage and will not include irrigation design, but will be accompanied by a preliminary cost estimate including irrigation. B. BIDDING & FIELD OBSERVATION Bidding and Field Observation of the contractor's work will be accomplished by others and are not part of this proposal. C. CONSTRUCTION PERMITS All permits required by governmental agencies will be obtained by others. D. EXTRA SERVICES Any services requested by the Client in addition to those outlined above will be charged as an extra service. Additional services pertaining to items specifically described herein as being part of the Consultant's scope of services but required because of extraordinary unanticipated circumstances (greatly increased scope of project, new project manager with a different "agenda", etc.), or any work occasioned by changes requested by the Client after prior approval has been given for those services will also be charged as extra services. IV. INFORMATION TO BE FURNISHED TO CONSULTANT The Client will furnish the Consultant with the following as available: street paving and utility plans, and other base data as is reasonably available. Plans will be provided to the Consultant on disk in AutoCAD format. 2 V. FEES AND EXPENSES A. FEES The fee for services to be performed by the Consultant as described above will be a lump sum amount of $7,700.06 which will be apportioned by labor classification as shown on Attachment No. 1. B. EXTRA SERVICE FEES Extra services, if performed, will be charged on an hourly basis for the time expended in the execution of the services at the same rates listed on Attachment No. 1. C. REIMBURSABLE EXPENSES In addition to fees, the Consultant shall be reimbursed at his cost plus 15% for processing and bookkeeping for such direct expenses attributable to the services as prints and other reproduction charges, art supplies, long distance and toll telephone calls, etc. Mileage incurred for the use of staff automobiles shall be charged at the rate of $.35 per mile. Reimbursable expenses should not exceed $600. D. PAYMENT SCHEDULE Hourly fees will be invoiced monthly for services performed in the previous month. Payments shall be based on a percentage of services completed. All fees and reimbursable expenses shall be payable within thirty (30) days of the date of an itemized invoice. An interest rate of 15% per annum shall be applicable to all accounts sixty (60) days past due. In the event that it becomes necessary for the Consultant to retain an attorney to assist with the collection of fees, reasonable attorney's fees and court costs may be charged to the Client in addition to the Consultant's outstanding fees, expenses, and interest. E. ESCALATION In the event that all services to be performed under this contract are not completed by January 1, 2002, the Consultant shall have the right to adjust the hourly fee and mileage rates in accordance with cost of living/inflation rates in the Houston area as published by the Bureau of Labor Statistics, U.S. Department of Commerce. 3 <se> G VL TERMINATION If any work the Consultant performs is abandoned in whole or in part through no fault of the Consultant, the Consultant is to be paid for the services performed prior to receipt of written notice from the Client of such abandonment or suspension together with reimbursements then due. This Agreement may be terminated by either party upon receipt of written notice five (5) days prior to the effective date of termination should the other fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of other than Vernon G. Henry & Associates, Inc., the Consultant shall be paid for services then due. This Agreement shall not be regarded as terminated until all the outstanding fees and expenses have been paid in full. VIL OWNERSHIP OF DOCUMENTS It is understood and agreed that the calculations, drawings, and specifications prepared by the Consultant, whether in hard copy or machine readable form, are instruments of professional service intended for use in the documentation and construction of projects. They are and shall remain the property of the Consultant who shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Client may retain copies, including copies stored on magnetic tape or on disk, for design and construction documentation of the Dixie Farm Road Widening project, Pearland, Texas, as described above. Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Consultant reserves the right to retain the original tapes/disks. The Consultant also reserves the right to retain hard copy originals of all project documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. Now, in consideration of the Consultant's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Consultant from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Consultant to the Client. The foregoing indemnification applies, without limitation, to any use of the project documentation on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing, by the Consultant. VIIL LIABILITY 4 a�a While Vernon G. Henry and Associates, Inc. warrants that it is capable of, and will perform the services described herein in a professional manner, the Client understands that the Consultant carries no professional liability insurance for errors and omissions because of the prohibitively high cost of such insurance. However, the Consultant will be responsible to the client for substantiated claims of unsatisfactory service up to the total amount of fees specified in this Contract. IX. SUCCESSORS AND ASSIGNS The Client and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other party of this Agreement and to the partners, successors, assigns, and legal representatives of such other party in respect to all covenants of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer their interest in this Agreement without the written consent of the other. ACCEPTED THIS .15th DAY OF AU ST 0 FOR VERNON G. HENRY AND ASSOCIATES, INC. l Vernon G. Henry, AICP, CRE President Mary Lo> enry, MCP Vice Pres dent As indicated by my signature below, I certify that I am authorized to execute this contract on behalf of WEI-LAN, JOINT VENTURE. BY: Signature Typed or Printed Name Date 5 Vernon Henry & Associates, Inc. 0 z z F+ PROJECT COST Total Direct Labor O N 0 N 0 ti.+ 73. Q U 0 JD O cd E4 0-1 4. JD O cd U F Plus Overhead Percentage 197% 00 ▪ In en 00 00 N .--1 - 06 L!1 [� N69 69 N - .-4 r 69 D\ Nr 00 0\ O\ Cf M �D oo re; \O N 69 [� �+ 69 l-- 69 69 00 M 00 0\ ✓ O 4 4 N I� M N 69 4-0 69 ND 69 69 N O\ O\ M N \O O\ V' 'r M 0\ tr; s N 't 69 69 -- 69 N 69 N NO 00 -. V1 M N V'1 EA 69 6A 69 • o o O o O O O CD CD r M 6A 6A 49 Direct Expense TOTAL PROJECT COST