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R2006-140 08-28-06 RESOLUTION NO. R2006-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO VARIOUS CONTRACTS FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts, copies of which are attached hereto as Exhibits A, B, C, and E and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest various contracts for preliminary engineering services associated with the anticipated 2007 Bond Election. PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2006. ~~Jle T M REID MAYOR ATTEST: APPROVED AS TO FORM: ~1t.aL. DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2006-140 "A" 8/28/06 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES /' ~ ()t','"'"';] "j d," ;Jot', ,J <,' .,.1 " \' ) )6 This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and GC Engineering, Inc. (hereinafter "Engineer") as follows: (' (1 ': ,\~" I t 1. Summary of Contract Terms. The following information and referenced doc~-mentsir( '\ " shall be a part of this Contract: 3' ,.:: e Description of Project: Provide preliminary design engineering services for the proposed improvement of Old Alvin Road between Knapp Road and Plum Street. W f" (' Eng ineerlSubconsu Itant( s) Fee Basis of Compensation GC Engineering $216,811.00 Not to Exceed Maximum Contract Amount $216,811.00 Not to Exceed * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary - Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct non salary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assiqnment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provIsions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 28th day of August, 2006. CITY OF PEARLAND ~r By: Printe Name: Bill Eisen Title: City Manaqer ENGINEER I By: \~ Printed Name: A. fill. 1<0 :DR\ GO Title: PRINc..\PAl- STATE OF TEXAS? n S COUNTY OF i?7d Jy~J U:<.. ~ BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. \\\\1\111111111111111/111 :$>"\\\\~ \ N E. P IIIII~ ~ 0'0 .........../;: ~ '> .' n y . (' ~ ~<<-.., ,\p-" p'.. o~ ff .:' :?*U&.... 0\ , (~ ~ \ AI ~ .... Y,. c, .f ~ -;:. . ~ ..J'?-' "" "" '. ~ OF It; r- .: "" ~ OS...:t~/RES ...... # %111.'OJ"20'~0 ,~,# 111111 \\\\\\ STATE OF T~ "'''''''''''''''''', ~ COUNTY OF [J1~ S 11 .Il.BEF~EI ~~, the undersigned Notary Public, on this day personally appeared tl 'W' fu~ I 50 , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. ? /1c&" GI~N UNDER MY HAND AGND SEAL OF OFFICE THIS ~ DAY OF UAL-S'~ ' AD., 200 \\\\1\\\111111111/1/1/111 'S>\\\\\ r: p / 1IIIIu ~ ~t;;. r,..,~ ~ <<J' ............. \.. ~ #0.... \>o~y P(j....O '\ f~"" 0...*<9(.....0 \ f~~ d'/", () \1'- ~ Q:t~~;> / ~ ~ r',~~ IR~:+: '?....: ~~ ~ %'.o6:~"""'" : ~ ~ ~7 ~ijlj "~Jll2. ~~:~ $ IIIIIII/')Iin@jiiij l~~ # /) (\, .,:t~ C. . GIVEN. UNDER MY HAND AND A.. LC~LL J":~ , AD., 2006. \\' SEAL OF OFFICE THIS .;2l.j:../i-_i DAY OF 1-;;7 / . C''' i .,~. ;: . .I {lI- Ut..( (;;...r ,.t.)(2" C ~-,. "NOTARY P6BLlC IN AND FOR THE STATE OF TEXAS /7/ . /)/ Printed Name: /[6/] :/7 L. 1< 7{"Cf( My Commission Expires: S/ :1 J I CI . . 61a ~ <F: P.J:&cL NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: (2,b;f7 {i. ~<-;t My Commission Expires: sJ I 6 GC Engineering, Inc. 4201 West Broadway, Pearland, Texas 77581 Phone: (281) 412 7008, Fax: (281) 412 46:.:3 www.gc-engineering.com August 11, 2006 Mr. Douglas K. Kneupper, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland,Texas77581 RE: Old Alvin Road Widening from Plum Street to Knapp Road, City of Pearland, Texas, GCE Proposal No. 06-037 Dear Mr. Kneupper: GC Engineering, Inc. (GCE) is pleased to have the opportunity to provide The City of Pearland (Owner) with the enclosed proposal revised based on our discussions today and on August 08, 2006 to provide professional engineering services for the proposed widening of Old Alvin Road from Plum Street to Knapp Road in Pearland, Texas. The following are included in the attached proposal for this project; 1. Exhibit "A" Scope of Services. 2. Exhibit "B" Compensation. 3. Subconsultant Scope of Services We appreciate the opportunity to be of service to you and look forward to work on this important project. If you have any questions or need additional information, please contact me at (281) 412-7008 Ext. 104. Sincerely, GC ENGINEERING, INC. ~ A. Mahendra Rodrigo, P.E. Principal Enclosure C. Peter Polk G:\Proposals\2006 proposals\037 Old Alvin.'d - PEl?\Propnal 06-08-03\060810 Letter to Mr. Doug Kneupperdoc .'~ -:: &I EXHIBIT "A" SCOPE OF SERVICES Old Alvin Road Widening From Plum Street to Knapp Road INTRODUCTION The City of Pearl and (OWNER) requests that GC Engineering, Inc. (GCE) provide professional engineering services for the widening of apFfoximately 1.6-mile section of Old Alvin Road from Knapp Road to Plum Street in the City of Pearland, Texas. The existing roadway is 2-lane with approximately 20-foot wide pavement except at lPproaches to McHard Road intersection where roadway consists of 41anes with a left turn lane. Proposed widening will consist of widening the existing road to a 4-lane undivided roadway with curb and gutter from Plum Street to Knapp Road. GCE services shall include preliminary engineering an~ environmental services for the project. ARTICLE I BASIC SERVICES: GCE shall render the following professional services to tile OWNER in connection with the development of the Project. A. DESIGN PHASE 1. Attend preliminary field me=ting with the OWNER's representatives to esublish requirements for the Project. 2. Review the available eXlSilllg information including Hydrology/Hydraulic Studies, Geotechnical Investigation Reports, and bvironmental Assessment and Wetland Delineation Reports for the project area. 3. Perform preliminary designs for the 4-1ane undivided roadway from Plum Street to Knlpp Road. The project will inc:ude interse:tion improvements at Orange Street. It is understood that currently replacement of the bridge srructures at Hickory Slough and Pearland Town Ditch are designed by TxDOT. GCE \\111 coordinat.= with TxDOT on the design of the roadways wirh the TxDOr work. 4. Perform preliminary designs for the roadway drainage system consisting of establishing drainage areas, storm sewer hydraulic computations, inlet and storm sewers and details. Based on the limited review of the project area, two drainage outfalls exist, the first at Hickory Slough and, the second at Pearland Town Ditch. 5. Prepare preliminary construc::ion plans and details for construction of the roadway consisting of: Title No. of Sheets Title Sheet Typical Sections Plan and Profile Cross Sections Drainage Plans Utility Plans Drair:age Ca1culaions 1 2 17 14 5 8 1 :::.. Total No. of Sh~ts 48 fl.. 4-lane concrete read ways as described above including the transitions at Knapp Road and Plum Street. Old Alvin Road Widening frern Plum Str;;et to Knapp Road Page 1 of7 &I b. Storm sewers and details. c. If required, relocation of approximately 2,500 feet of 8-inch, 5.900 feet of lO-inch and 600 feet of 12- inch water lines located along Old Alvin Road within the project limits as depicted on City of Pearland Water Distribution System Plan dated June 2005. d. If required, relocation of approximately 600 feet of 8-inch and approximately 700 feet of 12-inch diameter sanitary sewer line located between Plum Street and 600 feet north of Orange Street as depicted on City of Pearland Sanitary Sewer Collection System Plan dated June 2005. 6. Design and prepare plans and details for a detention pond adjacent to the corridor within the limits of the Project. Site to be selected and acquired by the OWNER and boundary and topographical surveys to be performed under a separate contract between OWNER and a surveyor. GCE will provide the necessary coordination and layout. .__ - '--... 7. Design Pavement tie-ins at intersecting roads ~d driveways to industrial/commercial developments. 8. Prepare preliminary bid quantities and cost estimates. GeE shall provide appropriate contingencies to cover unforeseen costs in the preliminary stage. 9. Conduct monthly meetings with the OWNER to report Project progress and resolve design Issues. 10. Submit Preliminary Engineering Report (PER) for OWNER's review and ccmments. GCE will address comments and submit [mal PER with written responses to comments by the OWNER. B. ADDITIONAL SERVICES 1. Upon receipt and review of already prepared Topographical Survey and Mapping, coordination will be made with the OWNER and the consultant who prepared above documents, to provide supplemental services such as additional topography and mapping as needed for tl:e purpose of design and construction. These services by other consultants are not induCed in this Scope of Services. OWNER will provide these additional services for the implementation of design and construction of the Project through separate contracts with these consultants. 2. Prmide preliminary plans and details for Storm water Pollution Prevention. 3. Provide miscellaneous expenses such as mileage, reproduction, printing, deliveries, etc. 4. Provide environmental services comprising of the following: · Phase I Environmental Site Assessment (ESA) to evaluate the potential of recognized environmental concerns. The ESA will follow the AST1'l Intematiooal Standard Practice for Environmenml Site Assessments E 1527-05 (ASTM E 1527-05). The objective of this ESA is to render an cpinion based on the analysis of current and historical data for the potential for environmental liabilities associated with past or current practices of the ?roperties along Old Alvin Road ROW. · Wetland delineation, if applicable. Should the wetland determination identify the presenc~ of wetlands within the project corridor, a biological survey of the prop;;rty will be performed to determine tre presence of significant biological resources. J urisdictioncl determination and Corps \erification are not included in the scope of services. · Threatened md Endangered Species Determination. Specialized surveys to verify the presence of listed species (i.e., conducting surveys during the nesting season to deter:nine the presence of listed bird speciesO will be a separate scope of services. Old Alvin Road Widening from Plum Street to Knapp Road Page 2 of7 II DELIVERABLES GCE 'Will deliver 3 copies of the Draft Phase I ESA and 3 copies of the Final Phase I ESA. One round of comment resolutions is included in the scope of fees. If no comments are received, the final report will be delivered on the 31 st day after submittal of the draft report. 5. Perform geotechnical investigations and provide recommendations for pavements, ground modification, slope stability, and utilities. This work will be performed by GCE's subconsultant Terracon Consultants, Inc. The subconsutants scope of services is attached. ARTICLE II -- ADDITIONAL SERVICES: Additional Services to be performed by GCE. if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. B. Providing renderings, model and mock-ups requested by the OWNER. C. .Making revisions to drawings, specifications or other documents when such reVlSlons are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of GeE. D. ~()Viding consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Wark. E. Performing final design, and bidding and construC'"ion services. F. Providing environmental support services other than those identified above. G. Design, contract modifications, studies or analysis required to comply with local, State, Federal or oilier regulatory agencies that become effective ai-Ler the date of this agreement. H. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. 1. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. . J. fuparing statements for invoicing or other docDllentation for billing other than for the standard invoice for services attached to this professional services agreement. Old Alvin Road Widening from Plum Street to Knapp Road Page 3 of7 II ARTICLE III TIME OF COJ.\tIPLETION: GCE is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services called for in Article IA & B (Preliminary Design Phase and Additional Services) so as to deliver Preliminary Plans, and Estimate of Construction Cost for all authorized construction of the Project, within eighty (80) calendar days thereafter. This assumes that the project survey will be made available to GCE at the rime of contract execution. Review periods by City, acquiring approvals and permits have not teen accounted for. IF GCE's services are delayed or suspended in whole or in part by OWNER, or if GCE's services are extended by the Contractor's actions or in actions for more than 90 days through no fault of GCE, GCE may be entitled to equitable adjustment of rates and amounts of compensation. .......-.., ~ ARTICLE IV RESPONSILITIES OF OWNER: O~"ER shall perform the following in a timely manner so as not to delay the services of GCE: A. Designate a person to act as OW1-<"ER's representative with respect to the services to be reneered under this AGREEMENT. Such person shall have contract authority to transmit instructions, re:::eive information, interpret and define OWNER's policies and decisions with respect to GCE's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist GCE by placing at GCE's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. This will include electronic files of topographical boundary surveys. D. Arrange for access to and make all provisions for GCE to enter upon public and private property as required for GCE to perform services under this AGREEMENT. E. OWNER shall secure services of a professional surveyor to furnish right-of-way and boundary surveys, topographic surveys, control surveys and construction surveys required for the project. F. Give prompt written notice to GCE whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of GCE's services, or any defect or nonconformanc~ of the work of any Contractor. G. Furnish, or direct GCE to provide, Additional Services as stipulated in the Scope of Services, Aricle IT of this AGREEMENT or other senices as required. H. Bear all costs incident to compliance with the requirements of this Article IV. -- Old Alvin Road Widening from Plum Street to Knapp Road Page 4 017 II ARTICLE V DESIGNATED REPRESEI\~ATIVES: GCE and OWNER designate the following representatives: Owner's Designated Representative - (Douglas K. Kneupper, P.E., 3519 Liberty Drive. Pearland, Texas 77581, (281) 652-1631) GCE's Project Manager - (Mahendra Rodrigo, P.E., 4201 W. Broadway, Pearland, Texas 77581, (281) 412- 7008 Ext. 104) -----.... ~ Old Alvin Road Widening from Plum Street to Knapp Road Page 5 017 &I EXHIBIT "B" COMPENSATION Old Alvin Road Widening From Plum Street to Knapp Road COST PLUS WITH NOT -TO-EXCEED BUDGET For and in consideration of the services to be rendered by GCE, OWNER shall pay the fees hereinafter set forth. A. COMPENSATION: 1. PER: Compensation to GCE for the PER Phase services as defined in Article L\ of Exhibit "A" shall be on a cost plus basis with 3. not-to-exceed cost of $171,273.00. If GCE sees the SCOfe of Services changing so that additional services are needed, GCE will notify OWNER for OWNER's approval before proceeding. ;....--. ~--- 2. Additional Services: For Additional Services as defmed in Article IB of Emibit "A", a total budget of $45,538.00 is proposed. Therefore, total fee shall be $216,811.00. Details concerning the fees are included in illis Exhibit "B". B COMPENSATION TERMS: 1. "Sub-Consultant Expense" is defmed as the expense that is incurred by GCE in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, process design and similar services that are not included in the Basic Services. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by GCE for supplies, transportation and equipment. travel, communications, subsistence and lcdging away from home and similar incidentals in connection with that assignment. C. BASIC SERVICES: Upon authorization from the OWNER GCE shall proceed with the services outlined in Article IA & B of Exhibit "A". For the purposes of preparing monthly statements for the preliminary and design phase of the Project. GCE shall submit to the OWl\"tR payment requests based on direct labor and expenses for the services provided as evidenced by monthly statements. Final payment for PER phase shall be due upon the completion of service, whether the work be constructed or not. D. ADDITIONAL SERvlCES: Additional Services as described in Article I of Exhibit "A" for this Project shall be invoiced either based on our Schedule of Hourly Rates or sub consultant fee, as defined below. The Additional Services for this Project are as follows: a. Coordination with surveyor and other consultants (Task B.l) (cost not-to-exceed) Stormwater Pollution Prevention Plans (Task B.2) (cost not-to- b. exceed) c. Miscellaneous expenses (Task B.3) (Invoice plus 10%) $ 9,060.00 $ 5,521.00 $ 2,500.00 Old Alvin Road Widening from Plum Street to Knapp Road Page 60f7 &I d. Environmental Study (Task BA) (cost not-to-exceed) Total, Additional Services $ 13,068.00 $ 15,389.00 $ 45,538.00 e. Geotechnical Study Direct labor will be charged at the following rates: I Direct Labor i Labor Category Rate Princi pal- in-Charge $ 52.88 Project Manager $ 48.08 Principal Engineer $ 45.19 Ci vil Engineer $ 36.54 CAD Technician $ 14.42 Sen. Env. Scientist $ 36.06 Env. Scientist $ 26.44 Oerical $ 11.54 Direct labor will be billed at a multiplier of 2.90. Direct Expenses will be charged at the following rates: Plotting Reproduction Mileage Bond Color Vellum Mylar $2.00 $S.OO $4.00 $8.00 BluelinesIB lacklines $0. IS/square Foot $0040 per mile If other Additional Services as described in Exhibit "A", Article II, are required, C.cE shall be compensated as follows: a. Where the services of individuals are supplied by GCE, as authorized by OWNER, payment for these services will be based on salary costs times a multiplier of 2.90 b. Services for direct non-labor expense and sub-contract expense provided by GeE shall be reimbursetJ at actual cost. 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"T ~ - .S: <IJ 0 ,. = a - 0 .Oil = t'-" =::: - ~ 9 .... - - ~ ... c Z .... - c ~ l.o .~ "T "T "" 0 ..: - ~ ..... .- .2 = = ~ ~ - <IJ <IJ ~ "~ ~ ;;. r:rJ ~ - en 'C ~ a c:::: < - (; l.o \0 \0 N s::J .... <IJ ..... M ..::; C Co <IJ ~ ez: = ~ c "Oil ci ~ .i: = ~ ~ ~ ~ 0 "T 00 N 00 ("1 $ l.o cj - <IJ N N \0 "" e.o ~ 'C .0" ~ a = a loo ~ ~ ~ :; -. -. .~ r- "T "T ('I r- ;;:, <IJ -= e.o c... l.o ~~ ;: U :.. Q., , ~ "'" - ... 0 rJJ Eo- - CIJ - QJ Vl ~ c:.J Vl <U os:: Vl CIl ::l .... >-. <IJ ~ :.. (3 V a3 "0 >-, <.l QJ c.. os: en \JJ >-. C: >< l.o oCt <U ~ C/) - <IJ > "0 J- - :-. t::: Vl cr. rJJ ~ -' - ::l '" ,~ .... C/} 0 .... .... ~ - t::: <U <U U 0 -- c:l t::: .... 0 -- :::: i5: c:l t::: t:: ..... .... .... - -- -0 ("'j <U (3 U ~ :-. <U ~ ... 0... u .;:: c ~ "C 0 ~ Vl ~ 0 ~ .... <U -< U C/) U5 c AUG. 10. 2006 9:11AM THRACON NO. :55 P. August 10, 2006 lrerracan Consulting E:ngineers & Scien:ists Mr. Mahendra Rodrigo, P.E GC Engineering, Inc. 4201 West Broadway Peanand,Texas 77481 Terrac:m Consultants. rnc. 11555 Clay Road, Suite 100 Houston, T Eixas 7i043 Phone 713.690.Sl89 Fax 713.690.S737 www.telTacon...:om Phone: 281-412-7008 Fax: 281-412-4623 Re: Geotechnical Engineering Services Widening of Old Alvin Road From Plum Road to Knapp Road Pearland, Texas T erracon Document No. P92-1525G-QS Dear Mr. Rodrigo: Terracon Consultants, Inc. (Terracon) understands we have been selected based on qualifications to provide geotechnical engineering services for the above referenced project.. This letter outlines our understanding of the scope of services to be perfonned by Terracon for this project and provides an estimate of the cost of cur services. A. PROJECT INFORMATION Old Alvin Road between Plum Road and Knapp Road is to be improved from the ex:sting 2- fane asphalt roadway with roadside ditches to a 4-lane concrete roadway with curb and gutter. and storm sewers. The length of the section is apprcximately 1.6 miles. The depth of the storm sewers will be on the order of 10 feet The infcrmation provided indicates that there will be an off-site det~ntion pond. B. SCOPE OF SERVICES A brief summary of the services to be provided by T erracon is provided in the following paragraphs. Field Proqram. The field exploration is planned to include a total of21 borings. 18 borirgs to depths of 15 feet along the roadway and 3 borings to depths of 20 feet in the proposed de:ention pone area. The total drilling footage for this project will be 330 feet. During drilling, test samples will be conected in general accordance with the appropriate ASTM methods. Once the samples have been collected and classified in the field, they wHl be properly prepared and placed in appropriate sample containers for transport to our laboratory. The borings will be located by measuring distances and estimating angles from existing streets ant/or property comers shown on drawings provided to us. Boring depths will be measured from existing grade. Da;Nering Success ;I;lr Clients and Employees Since 1965 More rnan 70 Offices Nationwide AUG. 10. 2006 9:'1 AM E,~RACON GC Engineering, Inc. Terracon Document No. P92-1525G-06 August 10, 2006 Page 2 NO, :55 p, 2 lIerracon We have not visited the site and assume that the site, including detention pond area, can be accessed with standard truck mounted drilling equipment Also, this letter is based on the assumption that all 21 borings are performed simultaneously. This proposal does not include services associated with boundary and topographic survey work, site clearing or site access for unusually soft or wet surface conditions. Terracon will notify the Texas One Call, a utility location service, to locate the primary utilities. This utility location service will only locate utilities within dedicated pubfic utility easements. If underground utilities are known to exist in the vicinity of the borings, T erracon should 00 provided the opportunity to review utility pans to avoid the existing Iines_ Laboratory Testina. The sample classifications will be reviewed by a geotechnical engineer in the laboratory, and a laboratory-testing program will be assigned which will be specific to the project requirements and the subsurface conditions observed. The testing program would include moisture content, Atterberg limits, percent soil particles finer than No- 200 sieve and unconfined compression tests, A California Bearing Ratio (CBR) test is also planned to be performed in the lat:oratory. The laboratory testing program will generally concur with the applicable ASTM standard procedures. Enoineerino Report The results of our field and laboratory programs will be evaluated by a registered professional geotechnicaJ engineer. Based on the results of our evaluation, an engineering re~ort will be prepared which details the results of the testing performed and provides Logs of Borings and a project layout. The report will also provide geotechnical engineering recommendaticns which v.nll address concrete pavement design inclucing subgrace treatment, lateral earth pressures, dewatering requirements, utility/detention pond excavation, bedding and trench backfill, and uplift conditions. The existing soil wi(] also be clc.ssified for trench safety requirements under OSHA guidelines. Schedule. We can initiate our field operations within seven working days 'fOllOwing autiorization to proceed, if site access and weather conditions will pennit. We anticipate completion of our services and submittal of our final rer:ort within about three to four weeks of completion of ourfieid services. In situations wr.ere information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements directly after we have completed our field and laboratory progams. c. COMPENSATION Forthe scope ofwor\< discussed above, consisting of soil borings, laboratorjtesting, and a report as outlined in this letter, we estimate the following total costs. Please note thaHhese cost estimates are based on the assumption that a/l21 borings are perfonned simultaneously. The estimated costs are presented in detail on the sc.1edule ~lowing the text and summarized below. Field $7,697 Labcratory $3,178 Engineering $3,092 Total $13,967 The cost of our services for this effort will not exceed these figures unlESS the scope of work is modified with the approval of the client. AUG. '0.2006 9:11AM TERRACON GC Engineemg, Inc. Terracon DOGJment No. P92-1525G-Q6 August 10, 2006 Page 3 NO. 555 P. 3 Ilerraccn The work wi! be perfonned under the client's "Agreement of Consulting Services" which win be signed once this letter is accepted. If you have any questions, please contact us. We appreciate the opportunity to provide this document and look forward to working with ~u on this project. Sincerely, TERRACON CONSULTANTS, INC. (ke~\=~ M. Rexie Fernando, P. E. Senior Geotechnical Engineer ESTIMATED COSTS Item Description Quantity Unit Rate Amount 1 Mobilization/Demobilization 1 each $350.00 $350.00 2 Soil Boring, 0 - 50 ft 330 ft $13.50 $4,455.00 3 Patching Pavement Cores 18 each $30.00 $540.00 4 Traffic Control 20 hrs $50.00 $1,000.00 5 Field Engineer including utility clearing 6 hrs $82.00 $492.00 6 Field Technician 20 hrs $43.00 $860.00 7 Ur.confined Compressive Strenqth I 30 each $33.00 $990.00 8 AtterberQ Limits 30 ~ch $45.00 $1,350.00 9 Moisture Content 30 ~ch $6.00 $180.00 10 Percent Passing #200 Sieve 10 each $35.00 $350.00 11 OMD Standard Com~actjon 1 each $150.00 $150.00 12 California Bearinq Ratio I 1 each $158.00 $158.00 13 Geotechnical Report. Senior Engineer, P.E. 24 hrs $105.00 $2,520.00 14 Geotechnical Report, Principal, P.E. 4 hrs $143_00 $572.00 Total Estimated Cost Not to Exceed $13,967.00 TRANSMISSION VERIFICATION REPORT TIME : 08/10/2005 17:44 NAME : GC ENGINEERING, INC. FAX: 2814124523 TEL: 2814127008 SER.# : 000D4J132471 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 08/10 17:42 2815521702 00:02:02 14 OK STANDARD ECM -- GC ENGINEERING, INC. 4201 West Broadway Pearland, Texas nS81 Facsimile TRANSMllTAL TELE: (281) 412~7008 FAX: (281) 412-4623 Deliver to: Company: Fax no: Phone no: From: Subject: Date: Pages: Cc: Mr. Douglas K. Kneupper, P.E. City of Pearland (281) 652~1702 (281) 652~1631 Mahendra Rodrigo Proposal for Old Alvin Road Widening 0811.0/06 14 Message: Exhibit "A" Resolution 2006-140 "B" 8/28/06 "rP: . r' I_./" ') DP, v f}O!) , , 0 iok> (7' /" -"<~ r.. . \ '2 l UofJ' b This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Dannenbaum Engineering Corporation (hereinafter "Engineer") as follows: CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES '\ r ", , \ r. " ,/\ ,\..1 (\., .-z.. 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: ') . " Description of Project: Provide preliminary design engineering services for the drainage improvements to Mary's Creek at SH 35 crossing. EngineerlSubconsultant( s) Fee Basis of Compensation Dannenbaum $148,300 Not to Exceed Maximum Contract Amount $148,300 Not to Exceed * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary - Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's'sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired; and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnitv. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assianment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governina and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 28th day of August, 2006. CITY OF PEARLAND By: ~ r-- Printed Name: Bill Eisen Title: City ManaQer ENGINEER STATE OF TE?1S . COUNTY OF ~i..... s s s BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. , GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 2,SY/J'- DAY OF (tLL3) lLS-<h , A.D., 2006. /""- 'J' I j " / " I J . 11 I' i tLl .~, ct,?,-.c. '- , N TARY PUBLIC IN AND FOR THE STATE OF TEX~S '. ' /) Printed Name: tZ,lJ I It t: r- j '/('1..)(. t My Commission Expires:~;7'.,<;11 (' \\11\\\\1111111111111/11 ~"\\\\ \ N E I//ijll' ;!Ii a. .^'~ .s> OV........ 1"',. ~ ~ ("'J"O '. , /~ ;.:.: #' ,-.....O,p..RY ~....0 ~ $ ;' .e*~...O~ ~ :' '" c \O~ ~ : y n :^~ ~ : ~ ~: ~ % 0.... ~ OF T"'/-'r .;' # ~ . f; t;. . ;::. ~ u:o.~~~~~......., / 0ijf J'201() \~"" II/II \"~ STATE OF TEX '~ItIItIl1I1\\II\\\ '""- 110-- s s s COUNTY OF ! BEFO Notary Public, on this day personally appeared I'LL C'~., e "7 , known to me to be the person whose name is subscribed to he f egoing ins rument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. '. II t 9WE~ UNI1~R MY HAND AND SEAL OF OFFICE THIS :;Pi If' '-.> DAY OF (~j-l?fJ ~I , A.D., 20 (C~ 1111\\\\111111111111111/1 #""'\<. ?~.I.^" /10/~ ~ ,,' ...''''O~ $ .' ""OTAR).:", ~% ff :' ",~~....o~ ~ {~ ~~o~ '" o. '" ~ .() '" % cJ' "'~ 0,.<- 0 ....~ ~ ~ O'~-? lEXf',S.: ~ '% tr '..fs ..... :# ~ '';>' ........ ~ ~ijlll/I 0 7 0 \\,\\,""~ llillllllll 111 11\\\\\\\\ ~' c I~- (~ D k-v.- c;, " -:L~ Coci-- "NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS /1 /' . I / J,- I) I I:- Pnnted Name: ,C1Jv/'" 1:.::.> r "JCCC . My Commission Expires: <-;'73/1 " 6 August 17, 2006 Mr. Doug Kneupper, P.E. City of Pearland 3519 Liberty Drive Pearland, Texas 77588 RE: SH 35 Crossing with Mary's Creek Proposal Dear Mr. Kneupper: Dannenbaum Engineering Corporation is pleased to be presented with the opportunity to submit this proposal regarding the SH 35 crossing of Mary's Creek in the City of Pearland, Brazoria County. This proposal has two phases: Phase 1 is a feasibility study to determine if the current multiple culvert crossing can be preserved or if the crossing needs to be replaced with a new bridge; Phase 2 consists of preparing a Preliminary Engineering Report (PER), typically a 30% level of construction plans, for either a culvert modification or a new bridge in order to accurately estimate construction costs. A detailed scope and estimate of engineering fees are presented for Phase 1 and Phase 2 for your review and approval. Phase 2 is further divided into Phase 2a (Culvert Option) and Phase 2b (Bridge Option). A summary of both phases is presented below: Phase 1 - Feasibility Study - SH 35 Crossing with Mary's Creek Task 1 - Data Collection $3,165 Task 2 - Hydraulic Analysis/Flow Impacts Culvert Modifications New bridge $9,260 Task 3 - Mitigation Analysis Culvert Modifications New Bridge $12,200 Task 4 - Cost Comparison/Selection $1,928 Task 5 - Report $7,344 Task 6 - Project Management $L170 TOTAL PHASE 1 $35,067(1) (I) If no new bridge is analyzed the budget should be $25,654. G:\11S0\Proposals\_ City\COP\SH3S\Proposa1.doc Mr. Doug Kneupper, P.E. City of Pearl and Page 2 August 17, 2006 Phase 2 - PER (30% Level) for either Culvert or Bridge Phase 2a - Culvert Modifications FC110 - Data Collection and PER $12,879 FC161 - Drainage Layout $18,936 FC164 - Project Management $8,548 FC170 - Culvert Design $6,798 DE- Direct Expenses Environmental Assessment Reproduction, Mileage, etc. $2,200 $ 1,374 TOTAL PHASE 2a $50,731 Phase 2b - PER New Bridge FC110 - Schematic Design Work Outline $71,901 FC 161 - Drainage Layout $18,936 FC 164 - Project Management $8,548 FC170 - Bridge Design $10,281 DE- Direct Expenses Environmental Assessment Reproduction, Mileage, etc. $2,200 $1,374 TOTAL PHASE 2b $113,233 TOTAL ENGINEERING FEES (Phase 1 + Phase 2a) TOTAL ENGINEERING FEES (Phase 1 + Phase 2b) $85,798(2) $148,300(2) (2) Worst case scenario includes new bridge analysis. Fees are proposed as not-to-exceed values. Billing will paid be at standard published rates by Dannenbaum Engineering Corporation. Project schedule for both phases will be 11 weeks from notice to proceed. G:\!] SOIProposals\_ City\COP\SH3S\Proposal.doc Mr. Doug Kneupper, P .E. City of Pearland Page 3 August 17, 2006 We appreciate the opportunity to be of assistance to you. Should you have any questions regarding this proposal, please do not hesitate to call me at (713) 527-6365. Sincerely, DANNENBAUM ENGINEERING CORPORATION ~~ ~~.v Alejandro C. Flores, P.E., CFM Senior Project Manager XC: Vem Hegwood, P.E. Attachments A ~ Phase 1 Scope of Services and Engineering Fees Spreadsheet B - Phase 2a Scope of Services and Engineering Fees Spreadsheet C ~ Phase 2b Scope of Services and Engineering Fees Spreadsheet G:\l 1 50\Proposals\_ City\COP\SH35\Proposa1.doc ~ w w l:t: U en >- l:t: <( :E :I: I- ~ " z - en en o l:t: U Lt) M :I: en mr-;;; ..0:0: E-i Q)'-- : >>~ OiG): ZiN, 'i~i '0 ~ ,- ]!g Ei'" miD o.!m w:o OOi~ -'iN co '0 '0) :s; N' ~ '-- : 'N: N~ 23 ;...--" il,{)l I-IOU U D to to <D c.o CD CD c.o (:) 0 000 0 0 iM 00 N rn w ~ ~ ~!2; ~ ~ ~ 'Z3 25 :0 c~""'" 0 0 0 ~[~ ~ ~ ~ ~ ~ ~ 'to !e ,en t:::!~ m lCO __lC 00, ll> ,::l !~ ID to CD <D to ill ~ Q ~ ~ ~ as N ("l) ~ N N co :03 m Q) m :03 000 000 ~E5~U:~ ~ ~ ::2: ~ :~ w ~ 00 00 ~ 00 c::~ ~ ~ ~ ~ ~ ~ ~i~ ~ ~ ~ ~ ~ ~ ~lM ~ -- ~ __ ("l) 0' '" t5 ro 0- E >: o h!; '" '" "u; "(i5 c:: >. >. ,Q ~ ~ ~ <( <( (5 ~ .Q u ro ro ~ -0 g o f ~ c:: o is Q) Q) fQ c:: o '" .~ 0- E <3 t:: t5 o Q) ts g- "0' U cr 0: :>- :0 i;:) '~ :00 :>- '~ :::i iiii ic;; i<l: ,w ~~ N M ~ I,{) c.o ~i~ ~ ~ ~ ~ ~ ~ ro'w ~I- ~ ~ ~ ~ ~ Z'OO I- I- I- I- I- ~!~ 1-'0.. 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'" '" Q) 0, o 0: 0- 0- E cri :; "C Q) .c u 00 iO '" :r: 00 0::: o u ~ <3 _I '" m '" o 0- o 0: 6 l{') ~ U5 I- U UJ -, o 0::: ~ o o I => o ~ ATTACHMENT A PHASE 1 SCOPE OF SERVICES- FEASIBILITY DRAINAGE STUDY SH 35 CROSSING WITH MARY'S CREEK Purpose To deternline if the current multiple culvert crossing at Mary's Creek and SH 35 can be modified and functional for ultimate conditions or if a new bridge is needed. Task 1 - Data Collection This task includes preparation of a survey request to obtain all the pertinent data about the bridge, as well as upstream and downstream channel reaches. Data collection will involve coordination with Chuck Davis (Surveyor) as well as loading the field data into DEC system will be handled in the data collection. A field reconnaissance trip is also included in this task. Finally, existing computer models will be collected for use in this project. Task 2 - Hydraulic Analysis / Flow Impacts A. Calibrated Existing Conditions An existing unsteady HEC-RAS model will be used for this analysis. Based on detailed survey, a calibrated existing conditions HEC-RAS model will be created to establish true field conditions. Cross sections, transitions, and culvert data in the model will be updated as appropriate. B. Proposed Culvert Modifications To minimize head losses and eliminate a drop in channel flow line, a circular culvert will be proposed adjacent to the existing boxes. Transitions from the modified culvert crossing to Mary's Creek channel upstream and downstream will be required. Channel improvements will be proposed between the railroad and SH-35. Due to the channel improvements and the additional culvert, flow impacts are expected. C. Proposed New Bridge (If Required) A new bridge is an alternative to the culvert modifications. To minimize head losses and eliminate a drop in channel flow line, a new bridge will be proposed. Channel widening from the bridge crossing to Mary's Creek channel, both upstream and downstream, will be required. Channel improvements will be proposed between the railroad and SH-35. Due to the channel improvements and the additional culvert, flow impacts are expected. G:11150IProposalsl_ CitylCOPISH35IAttachmcnt A-phaselscopc.doc Task 3 - Mitigation Analysis A. Culvert Modifications Two scenarios will be modeled for mitigation. The first scenario consists of adding the SH 35 crossing modifications to the recently completed plan for Mary's Creek channel improvements and regional detention upstream of SH 35. The added improvements around SH-35 will be incorporated into this plan and mitigated accordingly. The second scenario is a stand alone scenario. The proposed improvements and the associated impacts will be isolated and mitigated independently of the proposed Mary's Creek channel improvements and regional detention. Sources of mitigation could be the - West Mary's Creek regional detention under construction. Also, the 8 acres purchased by BDD#4 in the southwest corner of Mary's Creek and SH35 could be used for mitigation. The cost effective plan will be selected. B. New Bridge This task is similar to the task above (Task 3A) except bridge impacts are mitigated. The proposed bridge could require different mitigation volumes. Task 4 - Cost Comparison/Selection A comparison between saving the existing culvert crossings and placing a new bridge will be made for various considerations: a) difficulty of implementation, b) amount of mitigation needed and, c) construction cost. Task 5 - Report A brief report with all the findings and back-up information will be prepared. Methodology, assumptions, and factors affecting the alternative selection will be documented. Task 6 - Project Management Effort will be required to attend meetings, to perform internal coordination, and to prepare progress reports. 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'i' f" f" ~ o " 0. ~ N ~ a . ~ . 0. >.>' .0.0 u~ . . ~ -~ ~ ~ 0.0: m o o :::' <.:> SH 35 Culvert Modifications at Mary's Creek ATTACHMENT B Phase 2a Scope of Services PER CULVERT MODIFICATIONS AT SH-35 Scope of Services The work to be performed by the Engineer shall consist of providing engineering services for the preliminary design for SH 35 culvert modifications at Mary's Creek in the City of Pearl and. The project shall include a layout for culvert modifications utilizing existing box culverts and number of lanes. The deliverables under this contract shall be a preliminary construction layout with plan, profiles and cross sections and a Preliminary Engineering Report (PER). Field survey will be performed by others. Elevations for SH 35 shall be obtained according to as-built plans and current survey information. Identification of existing utilities (public and private), structures, adjacent neighborhood properties will be provided by Chuck Davis, Surveyor. A preliminary Environmental Assessment for the SH 35 crossing over Mary's Creek will be conducted to evaluate permitting needs. Existing wetlands will be flagged and documented. Preparation of a Clean Water Act Section 404 Permit and submission to the USACE will follow the criteria set forth in 33 CFR 325 (individual) or 33 CFR 330 (Nationwide), as applicable. This task will be conducted by Berg Oliver. All design shall be prepared in accordance with: Part IV of TxDOT Highwav Design Division ~ Operations and Procedures Manual, AASHTO Policv on Geometric Design of Highways and Streets, TxDOT Standard Specifications for Construction of Highways, Streets, and Bridges, TxDOT Traffic Operations Manual on Highway Operations, and Highway Capacity Manual - Transportation Research Board. The preliminary culvert layout will utilize an appropriate scale. The preliminary culvert layout, exhibits, and attachments will be developed in English units. All Microsoft Office and MicroStation-Geopak computer graphic files furnished to the City or TxDOT shall be submitted in electronic format by means of a CD media that will be compatible to TxDOT. The preliminary culvert layout will follow TxDOT and FHW A standards; the preliminary culvert layout will also follow the CADD standards used by TxDOT Houston District and shall be submitted as an original document, accompanied with an original MicroStation formatted graphics file. A preliminary drainage layout for Mary's Creek that includes channel transItIOns upstream and downstream of the culvert modifications will be developed. Also, a layout of detention mitigation measures will be presented. Data Collection and PER (FC 110) Data Collection The base maps to be used for the analysis and preliminary culvert layout shall be developed from existing as-built plans and Right-Of-Way (ROW) plans as available. The Engineer will identify existing ROW, property owners and approximate location of major utilities in the preparation of base maps. This information will be provided by Chuck Davis, Surveyor. Page 1 of 5 G:\I 150\Proposals\_Cily\COP\SH35\AI1achment B- Phase 2a scope.doc SH 35 Culvert Modifications at Mary's Creek Develop Existing Planimetrics (Topography, ROW, Utility - Plan Only): 1. Obtain TxDOT existing ROW data and process all collected data into a base map (plan only) to be used as background for alternative development. ROW will be determined for schematic along SH 35 by using existing ROW plans. No survey will be performed to identify any property or ROW lines. 2. Obtain TxDOT existing As-Built plans and ongoing project development and process all collected data into a base map (plan only) to be used as background for alternative development. Analyze gathered data for complete coverage of project limits and identify missing information. 3. Obtain available Public and Private Utility Information from TxDOT and City of Pearl and. Process all collected data into a base map (plan only) to be used as background for alternative development. Conduct field review to identify possible missing utilities. Prepare list of observed utilities for which information is not currently available. Effort to gather and process missing utility information not included in this Work Authorization. 4. Obtain and process recent survey data. Preliminary Deshm Conference The Engineer will prepare and submit a preliminary Design Summary Report to the City for review and approval. The Engineer will also attend a Kick-Off Meeting to establish and agree on fundamental aspects and concepts as well as establish the basic features and design criteria for the project. This meeting will be coordinated with any adjacent projects to ensure continuity. Preliminary Desi2n - General Tasks a) ROW/Property Base Map. The Engineer will obtain information on existing ROWand property information from Chuck Davis, Surveyor and prepare a base layout map depicting the information. b) Utility Base Map. The Engineer will identify and include available known eXlstmg and proposed public and private utilities on the plan view of the base layout map (no separate utility map). The Engineer will attempt to minimize the potential adverse utility impacts in the preparation of the preliminary design. c) Typical Sections. The Engineer will develop eXlstmg typical sections that depict the number and type oflanes, shoulders, median width, curb offsets, clear zone widths, and ROW limits. d) Drainage The drainage will involve culvert hydraulics to determine the required opening. The existing five box culverts will be part of the modified crossing to take advantage of such capacity. HEC-RAS models will be prepared to size the new culvert and minimize head losses. e) Environmental Constraints. A preliminary Environmental Assessment for the SH 35 crossing over Mary's Creek will be conducted to evaluate permitting needs. Existing wetlands will be flagged and documented. Preparation of a Clean Water Act Section 404 Permit and submission to the USACE will follow the criteria set forth in 33 CFR 325 (individual) or 33 CFR 330 (Nationwide), as applicable. This task will be conducted by Berg Oliver. Page 2 of 5 G:\1 I 50IProposals'- City\COP\SH35\Attachment B- Phase 2a scope. doc SH 35 Culvert Modifications at Mary's Creek f) ROW Requirements. The Engineer will determine the ROW requirements based on the proposed culvert layout, typical sections, access control, terrain, construction requirements, clear zone, and maintenance requirements. g) Construction Sequence. The Engineer will consider the requirements for construction and traffic control throughout the development of preliminary design to ensure that the proposed design can be constructed. h) Design Exceptions. The Engineer will identify design exceptions and waivers, and will document the necessity for each design exception or waiver. Preliminary Construction SeQuence No detailed construction sequencing schemes will be prepared. The Engineer will include unusual traffic control conditions in the PER. Preliminary Cost Estimate The Engineer will prepare a preliminary cost estimate for the project, including the costs of construction. Current TxDOT unit bid prices will be used in preparation of the estimate. The City will assist the Engineer in determining the value of any required ROWand associated improvements. Included will be a list of potential utility conflicts based on available information. The City will assist the Engineer in determining the project costs for relocating any potential utility conflicts, if any. Preliminary Enl!ineerinl! Report The Engineer will prepare a Preliminary Engineering Report for the project that will include the following sections: 1. Executive Summary 2. Introduction 3. Design Summary Report 4. Conclusions and Recommendations 5. Utility Information 6. Drainage 7. Environmental 8. Right-of-Way Impacts 9. Preliminary Proj ect Costs These sections may be combined for clarity and simplicity. In addition, the report may include the following exhibits: 1. Vicinity Map 2. Location Map 3. Preliminary Culvert Layout 4. Flood Hazard Map 5. Drainage Area Map 6. Existing & Proposed Typical Sections Profile Page 3 of 5 G:\1150\Proposals\_ City\COP\SH35\Attacbment B- Pbase 2a scope. doc SH 35 Culvert Modifications at Mary's Creek The following appendices may be included in the report: 1. Basic Design Criteria 2. Drainage Calculations from Phase 1 3. Environmental Reports 4. Preliminary Opinion of Project Costs (Construction, ROW, Utility adjustments) Drainage Layout (FC 161) This task will include preparation of preliminary plans for the appropriate mitigation measures. Mitigation will be in the form of detention storage with transitions to Mary's Creek channel and culvert modifications at SH-35. Preliminary plan and profile sheets for the mitigation features will be produced. Project Management and Coordination (FC 164) a) The Engineer will direct and coordinate the various elements and activities associated with developing the preliminary culvert layout. b) The Engineer will prepare a graphic Project Schedule indicating tasks, critical dates, milestones, deliverables and TxDOT review requirements. c) The Engineer will submit monthly Invoices and Progress Reports to the City. d) The Engineer will provide ongoing quality assurance and quality control to ensure completeness of product and compliance with TxDOT and City procedures. Culvert Design (FC 170) The determination of proposed culvert modifications is limited to approximate span length and location based on geometric constraints. The location of the beginning and end of culvert modifications shall be based on usual design encountered in the project vicinity with no geotechnical or other considerations. Structural design and detailing is not included in this scope of work. Direct Expenses ( DE) Field Survey Field survey will be conducted by Mr. Chuck Davis. Environmental Assessment Berg Oliver will perform a preliminary Environmental Assessment to evaluate permitting needs. Geotechnical Investigation The geotechnical investigation is not included in this scope of work. Page 4 of 5 G:11150IProposalsl_ CitylCOPISII35IAttachment B- Phase 2a scope.doc SH 35 Culvert Modifications at Mary's Creek Project Deliverables In conjunction with the performance of the above services, the Engineer shall provide the following final documents and associated electronic files: · Five (5) copies of the preliminary culvert layouts. · Five (5) copies of the Preliminary Engineering Report. · Electronic files shall be furnished to TxDOT and the City on a CD-Recordable media. 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X W I- U w e:: i5 ~ ;;i ~ z w I "" ~ ~ s::; o '" ~ "' w '" ;? ~ x w '" i'1 ~ ~ ct ~ ~ - ~ 8 ~ ~ I ~ ~ ~ ffi o ~ ~ o ~ ~ a::1~1~ ~a~ w ffi !i! i o u i " ~ I ~ .. ~ "" "' '" - w:>, ~ o ~ d ~~ 0'" go ~ g ~ x 0' ~: '" ~ !~ ~ ~ "' w ~ ~ ~ ~ :i ~ ~ ~ u w '" is ;0 " i ~ u w '" is " z "" cf " ;:; '" o ~ ~ ;5 ~ i! ii' ~ ~ ~ I ;<; ~ N o N . rn ro <l. <0 o o 2 <0 o :2- "- ~ "- SH 35 Bridge at Mary's Creek ATTACHMENT C (If Required) Phase 2b Scope of Services PER NEW SH-35 BRIDGE Scope of Services The work to be performed by the Engineer shall consist of providing engineering services for the design and development of a schematic layout for the new SH 35 Bridge at Mary's Creek in the City of Pearl and. Project shall include a layout for bridge replacement utilizing the same number of lanes. The deliverables under this contract shall be a short roadway schematic layout near the new bridge and a Preliminary Engineering Report (PER). The Engineer will prepare an alignment and proposed short roadway schematic layout to include existing and proposed typical sections and profile. All computer-generated files containing the roadway schematic layout shall be compatible with the software used by TxDOT Houston District. Field survey will be performed by others. Elevations for SH 35 shall be obtained according to as-built plans and current survey information. Identification of existing utilities (public and private), structures, adjacent neighborhood properties will be provided by Chuck Davis, Surveyor. A preliminary Environmental Assessment for the SH 35 crossing over Mary's Creek will be conducted to evaluate permitting needs. Existing wetlands will be flagged and documented. Preparation of a Clean Water Act Section 404 Permit and submission to the USACE will follow the criteria set forth in 33 CFR 325 (individual) or 33 CFR 330 (Nationwide), as applicable. This task will be conducted by Berg Oliver. All design shall be prepared in accordance with: Part IV of TxDOT Highway Design Division _ Operations and Procedures Manual, AASHTO Policy on Geometric Design of Highways and Streets, TxDOT Standard Specifications for Construction of Highways, Streets, and Bridges, TxDOT Traffic Operations Manual on Highway Operations, and Highway Capacity Manual - Transportation Research Board. The schematic layout will utilize an appropriate scale. The schematic layout, exhibits, and attachments will be developed in English units. All Microsoft Office and MicroStation-Geopak computer graphic files furnished to the City or TxDOT shall be submitted in electronic format by means of a CD media that will be compatible to TxDOT. Schematics will follow TxDOT and FHW A standards; the schematic will also follow the CADD standards used by TxDOT Houston District and shall be submitted as an original document, accompanied with an original MicroStation formatted graphics file. A preliminary drainage layout for Mary's Creek that includes channel transltlOns upstream and downstream of the future bridge will be developed. Also, a layout of detention mitigation measures will be presented. Schematic Design Work Outline (FC 110) Data Collection The base maps to be used for the analysis and proposed schematic layout shall be developed from existing as-built plans and Right-Of-Way (ROW) plans, as available. The Engineer will identify existing ROW, property owners and the approximate location of major utilities in the preparation of base maps. This information will be provided by Chuck Davis, Surveyor. Page 1 of 6 G:Il150IProposalsl_ CitylCOPISH35IAttachment C- Phase 2b scope.doc SH 35 Bridge at Mary's Creek A. Develop Existing Planimetrics (Topography, ROW, Utility - Plan Only): 1. Obtain TxDOT existing ROW data and process all collected data into a base map (plan only) to be used as background for alternative development. ROW will be determined for schematic along SH 35 by using existing ROW plans. No survey will be performed to identifY any property or ROW lines. 2. Obtain TxDOT existing as-built plans and ongoing project development and process all collected data into a base map (plan only) to be used as background for alternative development. Analyze gathered data for complete coverage of project limits and identifY missing information. 3. Obtain available Public and Private Utility Information from TxDOT and City of Pearl and. Process all collected data into a base map (plan only) to be used as background for alternative development. Conduct field review to identify possible missing utilities. Prepare list of observed utilities for which information is not currently available. Effort to gather and process missing utility information not included in this Work Authorization. 4. Obtain and process recent survey data. B. Analyze Existing Conditions 1. Horizontal Alignment 2. Approximate vertical alignment / profile grades 3. Pavement cross slopes and pavement type 4. Sight distance 5. Location of critical constraints Other Data The Engineer will conduct field reconnaissance and collect data as necessary to complete the schematic design. Data may include the following information; Items a- f will be obtained from TxDOT while items g-i will be obtained from other agencies as required. a) Corridor Major Investment Studies available b) Design data from record drawings of existing and proposed facilities c) Existing and future design year traffic data d) Roadway inventory information, including the number of lanes, speed limits, pavement widths and rating, bridge widths and ratings, and ROW widths e) Environmental Data f) Previously prepared drainage studies/reports g) Adopted land use maps and plans as available h) FEMA Flood Boundary Maps i) Public and private utility information Preliminary Desh!ll Conference The Engineer will prepare and submit a preliminary Design Summary Report to the City for review and approval. The Engineer will also attend a Kick-Off Meeting to establish and agree on fundamental aspects and concepts as well as establish the basic features and design criteria for the proj ect. This meeting will be coordinated with any adjacent projects to ensure continuity. Page 2 of 6 G:Il 150IProposalsl_ CitylCOPISH35\Attachment C- Phase 2b scope,doc SH 35 Bridge at Mary's Creek Schematic Alternatives The Engineer will identify alternative schemes to be studied by providing simple conceptual line diagrams. Diagrams will be used in discussions with the City of Pearland and TxDOT to determine preferred configuration. Impacts of major utility conflicts, structural impediments, or exceptions to TxDOT or FHW A design criteria will not be studied before schematic design is begun. Schematic Desien - General Tasks a) ROW/Property Base Map. The Engineer will obtain information on existing ROWand property information from Chuck Davis, Surveyor. b) Utility Base Map. The Engineer will identify and include available known eXlstmg and proposed public and private utilities on the plan view of the schematic base map (no separate utility map). The Engineer will attempt to minimize the potential adverse utility impacts in the preparation of the schematic design. c) Typical Sections. The Engineer will develop both existing and proposed typical sections that depict the number and type of lanes, shoulders, median width, curb offsets, clear zone widths, and ROW limits. d) Drainage. The drainage will involve bridge hydraulics to determine the required opening. HEC-RAS models prepared during Phase I will be used. e) Environmental Constraints A preliminary Environmental Assessment for the SH 35 crossing over Mary's Creek will be conducted to evaluate permitting needs. Existing wetlands will be flagged and documented. Preparation of a Clean Water Act Section 404 Permit and submission to the USACE will follow the criteria set forth in 33 CFR 325 (individual) or 33 CFR 330 (Nationwide), as applicable. This task will be conducted by Berg o Ii ver. a) ROW Requirements. The Engineer will determine the ROW requirements based on the proposed alignment, typical sections, access control, terrain, construction requirements, clear zone, and maintenance requirements. b) Construction Sequence. The Engineer will consider the requirements for construction and traffic control throughout the development of schematic design to ensure that the proposed design can be constructed. c) Design Exceptions. The Engineer will identify design exceptions and waivers, and will document the necessity for each design exception or waiver. Geometric Desien Schematics The Engineer will develop a geometric design schematic based on the result of the conceptual design meeting with TxDOT. The geometric schematic plan view will contain the following design elements: a) Geopak calculated roadway alignments for mainlanes and cross streets at interchanges/grade separations and horizontal curve information shown in tabular format Page 3 of6 G:\1150IProposals\_ City\COP\SH35\Attachment C- Phase 2b scope.doc SH 35 Bridge at Mary's Creek b) Pavement edges and curb lines for all roadway improvements c) Typical sections of existing and proposed roadways d) Proposed structure locations including abutment and bent locations e) Existing major utilities f) Existing property lines and respective property ownership information g) Preliminary ROW requirements h) Control-of-Access limits i) Existing and projected traffic volumes as provided by others j) Location and text of the proposed main lane guide signs k) Lane lines, shoulder lines, and direction of traffic flow arrows indicating the number of lanes on all roadways The geometric schematic profile view will contain the following design elements: a) Calculated profile grade and vertical curve data including "K" values for the mainlanes b) Existing ground line profiles along the mainlanes c) Grade separation at Mary's Creek Cross Sections The Engineer will generate cross sections at critical locations for ROW determinations. Preliminary Construction SeQuence No detailed construction sequencing schemes will be prepared. The Engineer will include unusual traffic control conditions in the PER. Preliminary Cost Estimate The Engineer will prepare a preliminary cost estimate for the project, including the costs of construction. Current TxDOT unit bid prices will be used in preparation of the estimate. The City will assist the Engineer in determining the value of any required ROWand associated improvements. Included will be a list of potential utility conflicts based on available information. The City will assist the Engineer in determining the project costs for relocating any potential utility conflicts, if any. Preliminary Ellldneerinl! Report The Engineer will prepare a Preliminary Engineering Report for the project that will include the following sections: 1. Executive Summary 2. Introduction 3. Design Summary Report 4. Conclusions and Recommendations 5. Utility Information 6. Drainage 7. Environmental Assessment 8. Right-of-Way Impacts 9. Preliminary Project Costs Page 4 of 6 G:Il150IProposalsl_ CitylCOPISH35IAttachment C- Phase 2b scope.doc SH 35 Bridge at Mary's Creek These sections may be combined for clarity and simplicity. In addition, the report will include the following exhibits: 1. Vicinity Map 2. Location Map 3. Schematic Layout 4. Flood Hazard Map 5. Drainage Area Map Contributing to SH 35 6. Existing & Proposed Typical Sections and Profile The following appendices may be included in the report: 1. Basic Design Criteria 2. Drainage Calculations 3. Environmental Reports 4. Preliminary Opinion of Project Costs (Construction, ROW, Utility adjustments) Drainage Layout (FC 161) This task will include preparation of preliminary plans for the appropriate mitigation measures. Mitigation will be in the form of detention storage with transitions to Mary's Creek channel and future bridge at SH- 35. Preliminary plan and profile sheets for the mitigation features will be produced. Project Management and Coordination (FC 164) a) The Engineer will direct and coordinate the various elements and activities associated with developing the design schematic. b) The Engineer will prepare a graphic Project Schedule indicating tasks, critical dates, milestones, deliverables and TxDOT review requirements. c) The Engineer will submit monthly Invoices and Progress Reports to the City. d) The Engineer will provide ongoing quality assurance and quality control to ensure completeness of product and compliance with TxDOT and City procedures. Bridge Design (FC 170) The determination of proposed bridges is limited to approximate span length, overall profile grade and location based on geometric constraints. The location of the beginning and end of the bridge shall be based on usual design encountered in the project vicinity with no geotechnical or other considerations. Structural design and detailing is not included in this scope of work. Page 5 of 6 G:\1 ] 50\Proposals\_ City\COP\SH35\Attachment C- Phase 2b scope.doc SH 35 Bridge at Mary's Creek Direct Expenses ( DE) Field Survey Field survey will be conducted by Mr. Chuck Davis. Environmental Assessment Berg Oliver will perform a preliminary Environmental Assessment to evaluate permitting needs. Geotechnical Investigation The geotechnical investigation is not included in this scope of work. Project Deliverables In conjunction with the performance of the foregoing services, the Engineer shall provide the following fmal documents and associated electronic files: · Five (5) copies of the Geometric Schematic layouts. · Five (5) copies of the Preliminary Engineering Report. · Electronic files shall be furnished to TxDOT and the City on a CD-Recordable media. 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CAD Manager System Analyst, Computer Operators Computer Technicians I, Draftsmen I Computer Technicians II & III, Draftsmen II & III Designers, Grade I & II Designers, Grade III 4 Man Survey Crew 3 Man Survey Crew 2 Man Survey Crew Party Chief Instrument Technicians Rodmen, Chainmen Project Survey Technician Survey Coordinator, Project Surveyor Director of Survey, Registered Surveyor, Chief of Surveying Inspectors, Project Representatives Engineers I & II, Engineering Assistant Engineers III, Engineering Associate Engineers IV Engineers V, Project Manager Engineers VI, Project Director Engineers VII, Senior Division Manager Engineers VIII, Director, Principal, President 30.00 30.00 60.00 80.00 45.00 30.00 45.00 60.00 70.00 135.00 105.00 75.00 45.00 25.00 25.00 65.00 110.00 145.00 80.00 65.00 75.00 80.00 130.00 145.00 210.00 225.00 95.00 85.00 115.00 130.00 115.00 55.00 95.00 95.00 125.00 230.00 175.00 130.00 85.00 50.00 45.00 85.00 150.00 195.00 115.00 85.00 115.00 160.00 195.00 215.00 250.00 375.00 COMPUTER COSTS (NO MARK-UP INCLUDED): MICROST A TION/AUTOCAD: $ 10 per Workstation Hour GPS RTK: $350 per Day (Survey) IN HOUSE REPRODUCTION COSTS (NO MARK-UP INCLUDED): Xerox Xerox Prints Bluelines Sepias Mylars Vellum $ 0.05 per Copy (8 Yz" x 11 ") $ 1.00 per Square Foot $ 0.20 per Square Foot $ 1.50 per Square Foot $ 3.75 per Square Foot $ 2.30 per Square Foot Subconsultants and other miscellaneous expenses at cost plus 10% August 30, 2006 Dannenbaum Engineering 3100 W. Alabama Houston, Tx., 77098-2094 Dear Mr. Ahrens The City of Pearland has contracted with Dannenbaum Engineering for preliminary design services for the proposed drainage improvement to West Mary's Creek at SH35 crossing project. I am including your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number DR2005. This project number, as well as purchase order number 062945, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, ///~... /.. C' /2rUo J L../ 6 ~'- Ce/!7J/( Rob n Pitcock Office Coordinator 3519 LIBERTY DRIVE. PEARLAND, TEXAS 77581-5416.281-652-1600. www.ci.pearland.tx.us a Printed on Recycled Paper Exhibit "A" Resolution 2006-140 "C" 8/28/06 /"\ ' CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES r"' r r <,' ~/j '\ c \, 1 \ This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and OTHON, Inc. (hereinafter "Engineer") as follows: (' \.'.. ' ~(l>' ' .0",. \ '\ \' .~. . , ) r\\:''L 1, Summary of Contract Terms. The following information and referenced documents' ~-i.- shall be a part of this Contract: ,r'tf r ..' ;.~ '.~Ifi' \" Description of Project: Provide preliminary design and construction plans, specifications, and estimate for the SH 288 Frontage Roads between FM 2234 and FM 518., \ \ " . ,. \ EnQineer/Subconsultant( s) Fee Basis of Compensation OTHON, Inc. $911,201.21 Not to Exceed Maximum Contract Amount $911,201.21 Not to Exceed ,'\ \ \ " * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. ", .r. 1) ,,I 'y'!)\' Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary - Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (112%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not r~lease the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1 ) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assianment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governina and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 28th day of August, 2006. By~n~ r Printed ame: Bill Elsen Title: City Manaqer -J ENGINEER ,( By. /~~) Printed Name: F vUJ Lt. I O~ Title: P/~B8UT CITY OF PEARLAND STATE OF TEXAS 9 COUNTY OF t;f1~'tf'L(".ec ~ BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, ..... GIVEN .UNDER MY HAND ( U.L (~ LJ--lo A.D., 2006. . \1\\\\\\11111/111111//1 ~~\II\.. IE, PI 111111/1,-0< ~ c..\I" ....... 1 ""' ~ ~ .v.... ...\...'o~ ~ 0,,' ,,\(y Pi/.... ~ ~ Q:-.... 0"'*& ".0'% g :' <: <::- ".~% ~ >~ 2: ~ ~ ',"?: -+-'?': ~ ~ ", (:' OF ,'t. :' ~ ~ '. ~ ,,' ~ ~ 0. '..-\'P/R~S.,' ~ ~1/,'6"..d3"~'2"O\<) ~# /111/ 111\\ 111///1/1111111111\\1\\\ AND SEAL OF OFFICE THIS 2XiCjDAY ~ "J " I . '. ' i-.... / : . !- d-l4--i~ {J I ~7 C.DC/-' NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: 12, L;'n E.;Jj k'c(< My Commission Expires: C;15 j ~ () OF STATE OF TEXAS COUNTY OF6n:Lk.OI '--<:"-- 9 9 9 BEFORE ME, the undersigned Notary Public, on this day personally appeared l~ \ \ \; (l, f-y', G -+ \,0 (\ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, -tJ:: GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS :~O DAY OF I4UL~A~..".t , A.D" 20 OLe . ,..\,.\\\"l".\\i:!Ii/!iIlI//,/ ~\\\ R /i/I ,:,,,,,' ,~ \ . 4a'',;;' ,f''' ",,~,,""'~','.....8 -'%::;; ~ '? ,.' x>-" F 1J90..... "" ~.....: '?'~(/ "--'''' (~(~::r'\~) ) % .... ~/'f:." 0'\: .0. t ~ .... /OXP\",~.'\)'\ ,S' ~/,. :..... ~,.q<J ~' '///1/. UI-2l}':~ .\\\\\\ I/fllft!~! '{:,: < Ii \'>.\'c\"'\\\\ -. ..----.... (' Q~,,--<~~ ~ Cli"b \?~ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: L.\w ~ <'-.).t, .\.0__ 2. H \:.') 'oc7\-\ My Commission Expires: 0\ I ]..'11 () 7 6 August 9, 2006 ATTACHMENT A CITY OF PEARLAND - SH 288 SCOPE OF ENGINEERING SERVICES OTHON, INe. The scope of engineering services to be provided by the Engineer involves completing the preliminary engineering that includes the schematic design, the environmental document and permits, and preparing the construction plans, specifications and estimate (PS&E) for approximately 1.67 miles of northbound and southbound frontage roads adjacent to SH 288 from McHard Rd. (FM 2234) to FM 518 in Pearland, Brazoria County, Texas. The existing cross section is a 4-lane freeway with a depressed median and no frontage roads. The proposed cross section of the main lanes will remain unchanged. The frontage roads will be 2- to 3-lanes one-way The schematic and preliminary report will contain sufficient information to develop the design of the frontage roads. It will identify roadway cross-sections and alignments, intersection designs, and traffic control measures. In addition, this study will identify right-of-way requirements for the roadway; any necessary detention requirements; and locate and determine impacts to the utilities along the right-of-way. The project will conclude with the production of a schematic design with proposed design typical sections of the roadway, the environmental assessment document, permits, and the PS&E. All work will be complete and in conformance with City of Pearland, Brazoria County and TxDOT requirements. TASK 1 - Project Management and Coordination The Engineer will be responsible for directing and coordinating all activities associated with the schematic, right-of-way mapping, and PS&E for the project. 1.1 Project Management . Engineer shall manage and coordinate work with the City of Pearl and and TxDOT in organizing; communicating procedures; attending and conducting meetings; preparing letter of transmittal document format, report format, technical memorandum format; graphic production standards; and other important operational information pertaining to the EngineerIPearland and TxDOT activities. The project management system will also include a complete file and paperwork control system to manage all documents. . The Engineer will prepare and update, when necessary, a schedule for development and completion of the project. A copy will be submitted with the progress reports and invoice when significant revisions are made. 1 CITY OF PEARLAND SH 288-SCOPE OF WORK 1.2 Invoicing and Reporting Invoices for all work completed during the period will be submitted monthly for work performed by the Engineer. The Engineer will submit one original with attachment to the City. The City will pay the Engineer within 45 days of receipt of invoice. The Engineer will submit a progress report with the invoice. Progress reports will include: . Activities, ongoing or completed, during the reporting period; . Activities planned for the following month; . Problems and issues encountered and actions to remedy them; . Overall status with percentage complete by task. 1.3 Coordination and Administration The Engineer will coordinate and communicate with TxDOT, the City of Pearland, and with other entities to complete the project. The Engineer will oversee the preparation and submittal of all project documents and manage all activities as follows: · Correspondence - The Engineer will maintain all written materials, letters, survey forms, etc. used to solicit information or collect data for the study. Copies of all outgoing correspondence and all incoming correspondence will be provided to the City, on an as need basis and during project completion. · Reports and Schematic - Transmittal, plans, exhibits, schematic, PS&E plan sheets and reports will bear the project title, and City seal and project numbers. Word processing and spreadsheet will be prepared using Microsoft Word and Microsoft Excel respectively. The schematic and PS&E will be prepared using Microstation and GEOP AC and will be in accordance with TxDOT standards. · The Engineer will coordinate with TxDOT engineers developing the plans for any adjacent sections of SH 288 to insure continuity of design. · Release of Information - The City Project Manager must approve the release of any project related information. · Document Printing and Distribution - The Engineer will be responsible for printing copies of all draft and final documents and reporls produced for the project. · Project Closeout - Upon study completion, the Engineer will submit all original project files to TxDOT with a copy to the City of Pearl and. · Subcontract Management 1.4 Sub Contract Management Prepare, coordinate, and monitor sub consultant contracts for Environmental, Geotechnical, and Survey tasks. 2 CITY OF PEARLAND SH 288-SCOPE OF WORK 1.5 Quality Assurance/Quality Control The Engineer will conduct a comprehensive quality assurance/quality control review at key milestone points; schematic @60%, complete schematic @90%, schematic @1 00%, and PS&E @ 30%, 60% and 95% during the project, to appraise both technical and business performance and provide direction for study activities. TASK 2 - Agency Involvement The Engineer will participate in review and informational meetings with the City Project Manager and others, as necessary, to insure the proper coordination and dissemination of information. 2.1 CoordinationlKickoff Meeting The Engineer will attend one (1) meeting with the City and TxDOT to discuss details of the project after the notice to proceed. 2.2 Study Progress Meetings Periodic meetings will be held with TxDOT and the City Project Manager to coordinate and review the schematic design to insure compliance with TxDOT and Houston District requirements, review the project status, and review the progress of the project. Meetings will be held to conform with TxDOT requirements for a Design Concept Meeting prior to beginning the plan preparation. A maximum of six (6) meetings will be planned. 2.3 Additional Meetings The Engineer will make provision for additional unscheduled meetings (est. 5 each) to discuss the project, as directed by the City Project Manager. 2.4 Public Meetings One (1) public meeting (Open-house format) will be held during environmental document preparation. The opportunity for a public hearing will be offered for the environmentaIINEP A process. A supplemental agreement will be required if a public hearing is required. TASK 3 -Assembly And Review Of Data 3.1 Collection of Data, Reports and Maps The determination of data requirements, availability, and sources will be coordinated with the City and TxDOT. The Engineer will contact the appropriate agencies and organizations to obtain the following current information: A. Environmental, Social and Economic Data for NEP A requirements. B. Traffic Data 3 CITY OF PEARL AND SH 288-SCOPE OF WORK A preliminary traffic analysis will be conducted and coordinated with TxDOT to determine the current and projected traffic movement, Level-of-Service (LOS), and the preferred roadway section, identify problem areas and recommend any specific safety enhancement. C. Hydrology and Hydraulic Analysis Data (From the City, Brazoria County, or TxDOT, and FEMA). D. Aerial Photography The Engineer will obtain, from the City or TxDOT, current digital aerial photographs and the 3D digital terrain model (DTM) compatible for use with Microstation or ArcView and the necessary survey control to conduct any supplemental survey not covered by the aerial photographs and DTM. E. Existing Roadway and Bridge Condition Data (Furnished by the City or TxDOT) F. Right-of-Way Information (Furnished by the City or TxDOT) G. Roadway Design Criteria (Furnished by the City or TxDOT) H. All Previous Reports (roadway, traffic, drainage and environmental) covering the limits the study area. (Furnished by the City and TxDOT) 3.2 Review Data Collate and integrate into study file and for preliminary engineering report. 3.3 Survey The Engineer will utilize existing right-of-way data supplied by TxDOT and a property records search of the corridor to show the existing and proposed right-of-way and adjacent property lines and to determine levels of impact. Proposed additional right of way will be surveyed and maps will be prepared for use in acquisition. Surveying will include preparing the DTM for design not available from TxDOT, topographic survey, and channel and outfall survey. TASK 4 - Schematic Design The Engineer will prepare a schematic design plan that will include: · The alignment and profile geometry of the proposed roadway and bridges . Vertical and horizontal clearances . Intersection designs . Major utilities · Typical sections . Right-of-Way 4 CITY OF PEARLAND SH 288-SCOPE OF WORK . Major Guide Signs . Projected Traffic Volumes for year 2025 The Engineer will prepare two (2) copies of the Draft Schematic and eight (8) copies of the final schematic in, electronic format, to TxDOT and the City. 4.1 The Engineer will identify existing roadway conditions, existing land use, known constraints, control points and sensitive areas in the study area, which might influence the design. 4.2 The frontage road design will be within the existing right-of-way to the maximum extent possible. Right-of-Way requirements will be determined and evaluated for turning lanes and possible comer cuts. The broad categories of traffic, geometric design, socio-economic, environmental, safety, construction cost, constructability and hydraulic issues will be considered in the design. 4.3 The Engineer will prepare typical sections and a schematic design for the project. A preliminary schematic layout will be developed and presented to the City and to TxDOT for review and approval. A final schematic of the alignment and design will be prepared after approval of the design by the City Project Manager and TxDOT. 4.4 Design Documentation A. Geometric Features . Roadway and bridge typical sections. . Roadway and bridge geometry. . Existing and proposed right-of-way width. . General horizontal alignment of critical elements. . Preliminary construction cost. B. Traffic analysis of the corridor to determine the current and projected Level-of-Service (LOS), intersection design, and identify problem areas. C. Hydraulic/Hydrologic Impacts - The Engineer shall obtain any available drainage study and information to determine the drainage boundary within the limits of the project. The drainage analysis shall include consideration for the impact to the adjacent properties, the flood plain and the impact to the natural surface runoff direction. The hydraulic analysis will address the following items. · Impacts from increased impervious runoff for the 1 00 yr. event and to the outfalls as a result of increased imperviousness of the proposed roadway. . Conveyance ofthe overland sheet flow. · Construction fill impacts to floodplains - impacts on the flood plain as a result of added fill1 embankment. · Mitigation recommendations for the fill in the form of detention ponds. · Preliminary determination of Runoff impact mitigation in the form of retention and the use of detention ponds. 5 CITY OF PEARLAND SH 288-SCOPE OF WORK TASK 5 - ENVIRONMENTAL EVALUATION AND NEPA DOCUMENTATION The Engineer will prepare the environmental document required for NEP A approval of the project. It is anticipated that the required environmental document will be an Environmental Assessment (EA) resulting in a Finding Of No Significant Impact (FONSI). As a part of the NEP A process, project coordination would be initiated and maintained with Federal, State, and local governing entities. Additionally, coordination with elected officials and local interests groups would be initiated. The OTHON Team would work closely and coordinate with the Environmental Section of the Houston District of TxDOT in conducting the NEP A analyses. The NEP A process and document will include evaluation and assessment of the proposed project's impacts to the human and natural environments. These assessments would include the following areas: . SocioEconomics . Environmental Justice . English Proficiency . General Land Use . Soils (including the Farmland Protection Policy Act) . Vegetation . Wildlife · Effects to Threatened or Endangered Species and Their Habitat · Cultural Resources · Parklands and Other Areas of Unique or Scenic Value · Waters of the United States . Water Quality . Floodplains · Coastal Zone Management . Permits (USACE, USCG, and TCEQ) · Hazardous Materials (Limited ESA Phase I and no assessments of structures will be conducted. Asbestos/lead surveys will not be performed. No sampling of soil or other materials will be performed) · Construction Impacts · Secondary and Cumulative Impacts . Public Involvement Assessments would consist of a review of available records and information resources and a site reconnaissance of the property. A wetland delineation, verification and permitting up to Y2 acre would be conducted as part of the scope of work if required. Wetland delineations over Y2 acre and requiring verification and permitting would be addressed as an additional service requiring a supplemental agreement. The evaluation will include the following tasks: · The Engineer will collect and assimilate available data to perform an initial "Desk-top review". 6 CITY OF PEARLAND SH 288-SCOPE OF WORK · The Engineer will perform pedestrian and photographic survey of the property. Through observation of the property, OTHON, Inc. will obtain data determining the presence of Environmental issues and/or conditions, which may impact the proposed project. If a presence of environmental concern is determined, OTHON, Inc. would determine the extent of such presence. · The Engineer will obtain right-of-entry not already granted for potential right-of-way (ROW) areas to complete environmental surveys. . The Engineer will obtain readily available records pertaining to NWI, Floodplain data, HAZMAT, Threatened and Endangered species, previous NEPA evaluations, and Directory Search for previous land use in the vicinity of the subject property. . The Engineer will procure an environmental regulatory database search of hazardous materials facilities within the search radii in accordance with the sight assessment guidelines set forth in ASTM E1527-05. The significance of the facilities identified within the search radii will be discussed in terms of the facilities' potential to affect recognized environmental conditions at the property. The database search will be provided as an appendix to our report. Also included would be research and summary of oil and gas wells in the vicinity of the subject project · Past uses of the property will be identified to the extent that indications of past uses are visually observed. Current or past uses in the surrounding area will be generally discussed. · The Engineer will attempt to identify obvious uses of the property from the present, back to the obvious first developed uses or back to 1940 (at 10 year intervals), whichever is earlier. We will use readily available and reasonably ascertainable historical sources to include historic aerial photographs, historic maps, · At the request of the City of Pearl and and/or TxDOT, the Engineer will conduct a 50-year chain-of-title search for the project site. A summary of the search will be provided as an appendix to the PER. TASK 6 - Preliminary Engineering Report Prepare a draft preliminary engineering report outlining the findings of the preliminary engineering shall be delivered in report form, and will include a complete summary of all work. Information shall include: a draft schematic design; environmental, social, economic, and hydraulic issues; construction costs; ability to be phased or constructed in usable segments; compatibility with any other current and future corridor projects and designs; and local concurrence for review by the City and TxDOT. Three copies of the draft report shall be delivered in report form. Once reviewed and approved and upon completion of the final schematic design a final preliminary engineering report will be prepared. Four (4) hard copies and one electronic copy of the final report will be delivered to the City and TxDOT. TASK 7 - Geotechnical Investigation 7 CITY OF PEARLAND SH 288-SCOPE OF WORK A geotechnical investigation will be conducted with soil borings to determine the appropriate pavement and bridge foundation designs. TASK 8 - PS&E Preparation 8.1 Hydraulic Analysis Develop a hydraulic model reflecting existing watershed conditions for each bridge, culvert or bridge-class drainage crossing for the 2, 5, 10, 25, 50 and 100-year frequency storm events. Design a proposed drainage crossing that will contain the design frequency storm event per the TxDOT Hydraulic Manual. Develop a hydraulic model for the proposed bridge, culvert or bridge-class crossing for the 2, 5, 10, 25, 50 and 100-year frequency storm events. Try to use the existing drainage facilities as much as possible in the final design unless they need replacing. 8.2 Roadway Design Controls Check the existing horizontal and vertical alignments to determine if they meet the design criteria found in the TxDOT Design Manual for the design speed of the roadway. The design speed of the roadway will be 5 mph greater than the posted speed limit unless directed otherwise by the City. A Geopak roadway geometry model will be developed. Geopak cross sections will be plotted and will show original terrain, finished grade, centerline, and ROW lines in a non-exaggerated scale. A final construction estimate will be developed using average bid prices of contractors bidding projects in the Houston TxDOT District. 8.3 Plans, Specifications, & Estimate (PS&E) Preparation All plan sheets will be uniform in type, quality and will be 11" x 17" in size. The printed border will be 10.5" x 15.75" positioned 0.25" from the top, bottom, and right sheet edges. All plan sheets shall be in ink, or equivalent, on Mylar type tracing film, with lettering size, quality and density that will be legible when reproduced. Lettering will be a minimum of 100 (based on Leroy Template Lettering Sizes) for lettering by computer-aided design and drafting (computer graphics). The Engineer will develop a PS&E package that is in conformance with TxDOT Standards. TxDOT Standard Sheets will be used to minimize plan development work. The Engineer will develop (or include) the following plan sheets, as the project requires: · Title Sheet (to include Index of Sheets) · Project, Signing, Pavement Marking & Delineation Layouts · Typical Sections & Miscellaneous Roadway Details · General Notes and Basis of Estimate 8 CITY OF PEARLAND SH 288-SCOPE OF WORK . Grading & Earthwork Summary . Estimate & Quantity . Schedule of Barricades & Sequence of Construction . Traffic Control Plan Details . Plan & Profiles . Drainage Area Maps, Hydrologic & Hydraulic Data . Culvert Layouts & Details . Storm Water Pollution Prevention Plan . Latest County or TxDOT Standards The Engineer will submit a compact disc containing all electronic files used for the preparation of the PS&E. In addition, the Engineer will provide a list of TxDOT specifications, special specifications, special provisions, and general notes as needed to specify the work required by the contractor. The Engineer will use existing TxDOT specifications when available to minimize specification development costs. The Engineer will provide all equipment, material, labor and supplies necessary to accomplish the work under this contract. The work will be performed in accordance with the most recent version of the following manuals and standards, but not limited to: · TxDOT Hydraulic Design Manual · A Policy on Geometric Design of Highways and Streets, 1994 AASHTO. · Texas Manual on Uniform Traffic Control Devices. · TxDOT Roadway Design Manual, Feb. 2004 edition 9 CITY OF PEARLAND SH 288-SCOPE OF WORK 8 000 8 ~ ~ 000 m5~ .,; :li~;; .,; 15 Q) :D: "'. :::>U)U) .... .... .... U)zO ~ cir-:N' .... .... 00 .... ... .... '" 0; 0 ... ... ... ... ... 0. '" 0; fD .... '" .... 10 0 ....fD V 0. 0. fD 10 V 0 0 '" ~m ...JZ~ 0. V V ....v v q CIO "'''' 10 0.0.10 .... 10 '" '" ":::> w ....: ...= :8 cO "';0;) cO ~ ci ";0 g MOW ....: a; g cO ci ~~ <COU) 0 v '" 0. .... CIO 0. V 0.0. "'VO 0 U; 10 fD ~J:O + .... '" '" v 00. 0..... '" v'" .... 10"'0. "- v v "'. "'0 :s: ~bO ...J ~ on ..; 0 cO as cOM as onai ~,..: cO'" 0 on ... ;Z~ ~ .... ... ... v ... .... v ... ... ... '" '" ... .... 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"'''' v 10 fD .... CIO .>< . .... .... .... .... .>< . NNN ~C"i MM .>< .>< .>< .>< .>< "'.... ",'" '" '" '" '" '" al al '" al al al al al ~ ~ ~ ~ ~ ~ ~ ~ August 30, 2006 Othon, Inc. 11111 Wilcrest Green Dr. Suite 128 Houston, Texas 77042-4739 Dear Mr. Othon The City of Pearland has contracted with Othon, Inc. for preliminary design and . construction plan services for the proposed SH288 Frontage Roads between FM2234 and FM518 project.. I am including your copy ofthe executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number T20005. This project number, as well as purchase order number 062944, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, @1u~5. ~~ Robin Pitcock Office Coordinator 3519 LIBERTY DRNE . PEARLAND, TEXAS 77581-5416.281-652-1600. www.ci.pearland.tx.us '*- "', Printed on Recycled Paper Ordinance 2006-140 Exhibit "0" Was Pulled From Agenda 8/28/06 Exhibit "A" Resolution 2006-140 "E" 8/28/06 ..r<.'.... _' '7 re"'" . .~ ~ .t (, dO"'" cp C t:.t~.:..., ~jDi ( ; '. This Contract (Contract) is made between the City of Pearland, Te'Xas.' (hereinafter "City"), and Bury+Partners hereinafter "Engineer") as follows: CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES " . I. 116 I'" <~ co 1. Summary of Contract Terms. The following information and referenced docum~_,:,,~s. shall be a part of this Contract: \J',: ") () .0 c' Description of Project: Provide Engineering services for the Cullen Parkway Improvement Project. Enq ineerlSu bconsultant( s) Fee Basis of Compensation Bury+Partners $737,000 NTE Maximum Contract Amount $737,000 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary - Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of anyone person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnitv. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assiqnment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provIsions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 28th day of August, 2006. By: ~-~ Printed Name: Bill Eisen Title: City Manaqer ( l (C)~ r rL / ,JL\ f 1),-- CITY OF PEARLAND STATE OF TEXAS ) . COUNTY OF !,Jza ),01 {' (1!- <./ s s s BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ,,) 9Vi'-DAY ("LLL ~L.L)...::C~ , A.D., 2006. - - - 1<7 1 . C~ Ii) .L / 1'-'1 ) t. &..i ).. (,"., - ./.... (('f. t~ 1,,- NO~ARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: l"!c Ln -t'. // l-cuct2: My Commission Expires: .-::::;1 ~ J J ~ I OF ~\\I\\\I\I\llllIff/l/lliI ~~'\'\\\ ~ E. P / 1:~IIIIII~ ~ ~\ '''''''''. (' ~ :>f 0 ..' \<y ". o~ ~ .,' '\~ Pt./ ", ~ $ Q-:. o*~ ". (I ~ == .':<? <::... '.-,:..S g " ()'. ~ g :. <;;. "> j ~ "" . 7)' ". '" ~ .... $' OF 1'i:,-t-: :: j ~ o....~~PIRE.S...... .# %1/;, 'S, 0'3" ~ '2"0' \ \) ~,# I1111 \\\\~ /1////11111111111\\1\\\\ STATE OF TEXAS S COUNTY OF ~/tI3tYT,iC- ~ ~ ~ .. .BIFFORE ryl.E, t~e undersigned Notary Public, on this day personally appeared ~ Ie{ A-. /i{}.~ flu /J , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. L GIV~N UNDE~ MY HAND AND SEAL OF OFFICE THIS 3/.5T DAY OF ,lJ"UF r , A.D., 20 06 . \\\\I\\I\IIIIIII/I/I//JI ~~\,\\\\\ ~ N E S 1//////0- ~o~ ..........:1/1. ~ .j$- "ny ..'v()~ J .\...~'\*I>-" ,Du~.....o\ & c;.: :<? <:: ". L. ~ ! ~"<;;' ~)~J "" .7)' ". '" % .... $' OF 1'i:,-t-: .... $ ~ . ~L- . ~ % 0 ...::P/RES..... .$ ~/'oj'~26'01 >>\,~ II//IIII! 11/1 II III I II \ \I\I\\\\\\~ 6 /[ ; f) \ ( Bury + Partners ENGINEERING SOLUTIONS Mr. Mickiel G. Hodge City of Pearland August 22, 2006 Page 2 "" , S""" )},') ,-: ,-...... ~ /( , . , ~. I' ,), I " 1/ , . I ,l... -- f~}') 1 ~ t ' major intersections and two new replacement bridges. This estimate is predicated on constructing the proposed improvements within the current lOa-foot right-of-way (ROW) without taking any additional ROW. All preliminary design and other project components such as environmental, geotechnical, traffic, and surveying will be done in accordance with the latest TxDOT design criteria to ensure Pass- Through project funding approval. Other applicable standards for the City of Pearland, Brazoria County including Drainage District No.4, Harris County, including Harris County Flood Control District, will be incorporated into the project as appropriate or required. More specifically, the proposed scope of work for the preliminary engineering phase for the Cullen Parkway project includes the following: I ['1"', I 1J ,~.,: \ . , . '('"}... -- SCOPE OF SERVICES: -<"",-I' ..I, . ) 1. 1-1 t~ I I 11 ::; . \0 .- i - <', ;,,~ Collect, identify and confirm issues along the alignment including: a. Research available data and acquire information b. Research and identify significant issues '[)OII' I i-, Develop design criteria based on TxDOT requirements and input from the City of Pearland. Attend Design Concept Conference with TxDOT. Develop the PER and Schematic Layout including: a. Establish horizontal alignment. b. Establish existing prof1les utilizing limited topographic survey data. c. Develop typical section alternatives. d. Drawings to show existing lanes, secondary roads and intersection configurations. e. Establish lOa-year floodplain elevations and floodway limits at the two channel crossings. Develop a cost estimate for comparison of alternative typical sections and configurations. g. Meetings with the City in connection with the alternative configurations. h. Attend the public meeting and public hearing to present the alternative configurations. After the public meeting and public hearing: 1. With input from the City and TxDOT, address any issues relating to the alternative configurations and typical sections incorporating all pertinent comments. 2. Meet with the involved parties to discuss the selected preferred configuration. f. Basic Services Items: 2. 3. 4. 1. Bury + Partners ENGINEERING SOLUTIONS Mr. Mickiel G. Hodge City of Pearland August 22, 2006 Page 3 3. Develop and refine the typical section for the preferred alternative. 4. Develop vertical and horizontal alignment. 5. Prepare the apparent ROW strip map that identifies the existing ROW based on limited survey data. 6. Identify potential conflicts with major pipeline and utility crossings. 7. Complete the preliminary limited construction sequencing. 8. Delineate major structures and lengths. 9. Earthwork calculations will be based upon the selected typical section. 10. Prepare the construction cost estimate based upon the preferred alternative and selected typical section. J. The following items will be reflected in the PER and schematic layout: plan and profile sheet showing existing and proposed ROW, roadway alignments and profiles, intersecting streets, curb and lane lines, and existing utilities; existing and proposed typical sections including pavement section; preliminary title and index sheets, preliminary drainage area map, discharge relationships and drainage calculations; storm drainage master plan; preliminary culvert layouts; preliminary bridge and bridge classification layouts; preliminary retaining wall layout; sequence of work outline for traffic control; preliminary traffic control typical sections and layouts; preliminary intersection layouts; preliminary utility layouts and identify conflicts and exchange information with existing utilities; and update estimates and prepare preliminary roadway and drainage quantity summary sheets. k. All geometric design shall be in conformance with TxDOT's Design Division Operations and Procedures Manual, AASHTO's Policy on Geometric Design on Highways and Streets, Texas Manual on Uniform Traffic Control Devices, Harris County and Brazoria County standards, and the City of Pearland standards, except where variances are permitted. 1. Prepare and update the project schedule outlining the submittal dates and project completion. m. Coordinate and manage the consultant team activities. n. Meetings with the City, Counties, TxDOT, stakeholders, utility owners, as needed to facilitate coordination and approval of this phase of the project. o. Attend the Joint Review Session with TxDOT and other parties upon completion of the PER and associated project documentation. p. Submit the PER to TxDOT, the City and other parties as appropriate for review and approvals. Bury + Partners ENGINEERING SOLUTIONS Mr. Mickiel G. Hodge City of Pearl and August 22, 2006 Page 4 Special Services Items: 1. Develop Pass-Through Toll Application including negotiation with TxDOT in connection with project funding. These services will be performed by Prime Strategies, Inc. under subcontract with Bury + Partners in accordance with the attached scope document dated August 15, 2006. 2. Using the schematic layout for Cullen Parkway from F.M. 518 to Almenda Genoa Road as prepared by TxDOT and assuming the electronic files will be provided, perform the following surveying services: a. Limited surveying for verification of the schematic layout including cross sections of Cullen Parkway and intersecting streets. b. Limited cross sections of Clear Creek and Hickory Slough in support of the Preliminary Hydrology/Hydraulics Study. c. Limited surveying for ROW verification as reflected on the schematic layout. 3. Prepare a Preliminary Hydrology/Hydraulics Study for the project in accordance with TxDOT requirements. These services will be performed by Klotz Associates, Inc. under subcontract with Bury + Partners in accordance with the attached scope document dated August 22,2006. 4. Prepare Traffic Forecasts and Traffic Analysis for the project in support of the Pass-Through Toll Financing application and the preparation of the PER and schematic layout, as well as the Environmental Assessment in accordance with TxDOT requirements. These services will be performed by GC Engineering, Inc. under subcontract with Bury + Partners in accordance with the attached scope document dated August 22,2006. 5. Prepare Preliminary Traffic Signal Design for the project in support of the preparation of the PER and schematic layout in accordance with TxDOT requirements. These services will be performed by GC Engineering, Inc. under subcontract with Bury + Partners in accordance with the attached scope document dated August 22,2006. 6. Prepare Environmental Services for the project in support of the preparation of the PER and schematic layout in accordance with TxDOT requirements. These services will be performed by GC Engineering, Inc. under subcontract with Bury + Partners in accordance with the attached scope document dated August 18, 2006. 7. Prepare Geotechnical Services for the project in support of the preparation of the PER and schematic layout in accordance with TxDOT requirements. These services will be performed by Tolunay-Wong Engineers, Inc. under subcontract with Bury + Partners in accordance with the attached scope document dated August 15, 2006. 8. Perform Public Involvement for the project including four small group meetings, one public meeting and one public hearing in accordance with TxDOT requirements. These services will be performed by Prime Strategies, Inc. and GC Engineering, Inc. under subcontract with Bury + Partners ENGINEERING SOLUTIONS Mr. Mickiel G. Hodge City of Pearland August 22, 2006 Page 5 Bury + Partners in accordance with the attached scope documents dated August 15, 2006 and August 18, 2006 respectively. EXCLUSIONS: The following services are excluded from this proposal and the scope of work: 1. ROW acquisition documents and acquisition services. 2. Complete surveys necessary for design and ROW establishment. 3. Preparation of PS&E documents. 4. Items not specifically listed in the scope of work. CITY PROVIDED DOCUMENTS: The City will provide the following documents upon issuance of the notice to proceed: 1. All available record drawings and/or file drawings for Cullen Parkway including roadway and utility plans, as well as all intersecting roadways. 2. All available environmental reports, drainage reports, geotechnical investigations, traffic studies, etc. for the project area including adjacent areas. 3. All available information on planned projects that affect the Cullen Parkway project. 4. All available plans for the existing adjacent land usages including but not limited to commercial development, cemeteries, subdivisions, drainage channels, etc. 5. Any abstracting services required for the project. 6. Information in connection with City owned property that could be used for detention\mitigation sites. 7. Pavement design by TxDOT. 8. Electronic files of TxDOT produced schematic layout. Bury + Partners ENGINEERING SOLUTIONS COMPENSATION: We propose to perform the services for this project for the following fees: Description 1. Basic Services- Items 1 thru 4 2. Special Services a. Pass-Through Toll Application b. Surveying Services c. Preliminary Hydrology/Hydraulics Study d. Traffic Forecasts/Traffic Analysis e. Preliminary Traffic Signal Design f. Environmental Services/Permitting g. Geotechnical Services h. Public Involvement 3. Reimbursable Expenses Fee Type Lump Sum Hourly to Max Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly to Max Included in Item 1 TOTAL Mr. Mickiel G. Hodge City of Pearland August 22, 2006 Page 6 BPI Fee $ 300,500 $ 55,200 $ 20,000 $ 155,500 $ 22,300 $ 30,100 $ 80,000 $ 31,700 $ 41,700 $ $ 737,000 Please note that our fees are based on the project being implemented based on the assumptions of this proposal in regards to its scope, without major changes or unforeseen conditions. Fees shown for the hourly basis elements are for budgeting purposes with a maximum amount shown. In the event that the scope of work requires additional hours to be spent above the budgeted amount, we will discuss this with the City prior to exceeding the budget amount stated above. REIMBURSABLE EXPENSES: Reimbursable expenses include reproduction, mileage, and deliveries and will be included in the Basic Services fee. SCHEDULE: The PER and associated scope of work will be completed within 210 calendar days of our authorization to proceed. A detailed schedule with project tasks identified will be submitted within seven (7) calendar days of authorization. Bury + Partners ENGINEERING SOLUTIONS Mr. Mickiel G. Hodge City of Pearland August 22, 2006 Page 7 We appreciate the opportunity to present this proposal, and look forward to working with you on this major assignment. We have reviewed your Standard Agreement for Engineering Services and do not take exception to any terms indicated. The team is ready to begin this project immediately. If you have any questions regarding this proposal, please call. ly, ARTNERS-HOUSTON, INC. 1 . Hamilton, P.E. Managing Principal and Team Project Manager cc: Bob D. Boozer, P.E. - BPI-Houston I:\70136\Contract\Proposal Agreement\Proposal 082206.doc Construction Cost Estimate Cullen Parkway Bury + Partners, Inc. I P Bury + Partners ENGINEERING SOLUTIONS SUMMARY OF CONCEPTUAL CONSTRUCTION COST ESTIMATE FOR CULLEN PARKWAY PEARLAND, TEXAS, (TXOOT 100' ROW CROSS SECTION - WITHOUT 8' SHOULDER) DATE: 811812006 Enoineer's Estimate Unit Item: Quantity Unit Cost Total Draina!:le and Pavin!:llmprovements: 1 MObilization 1.0 LS. $1,750,000.00 $1,750,000 2 Prep ROW 19.7 AC. $14,500.00 $285,650 3 11" concrete pavement (continously reinforce) 82,368 S.Y $42.00 $3,459,456 4 1" Asphalt stablized base 3,400 TON $50 $170,000 5 6" Cement treatment base (planl mix) 91,520 S.Y. $6 $549,120 6 6" Lime treatment subgrade 91,520 S.Y. $30 $2,745,600 7 6" Hydrated Lime stabilized subgrade 3,100 TON $108 $334,800 8 Excavation 43,050 C.Y. $5.00 $215;250 9 6-inch concrete curb 50,000 L.F. $5.00 $250,000 10 Standard Traffic Signs, Stop Sign, street name, and Pole 2.6 MI. $24,000 $62,880 11 6' sidewalk & 10' shared use path 18,467 S.Y. $40 $738,680 12 Driveway 2,350 SY $45 $105,750 13 Tie to existing concrete pavement 9 LS $1,200 $10,800 14 Computerized Traffic Management System 5 EA. $160,000.00 $800,000 15 Pavement Markings (stripping) 2.6 MI. $30,000.00 $78,000 16 Barricades, signs, and traffic handling (estimate) 24 MO. $40,000.00 $960,000 17 Handicap Ramp 98 EA. $1,300.00 $127,400 18 Stonnwater Pollution Prevention Plan (SW3P) 2.6 MI. $60,000.00 $156,000 19 Traffic Control Pian (estimate) 24 MO. $15,000.00 $360,000 20 Temporary pavement 13,730 L.F. $60 $823,800 21 Landscaping 1 LS. $200,000.00 $200,000 22 Detention pond 17 AC-FT. $40,000.00 $680,000 23 Detention pond appurtenances 1 LS. $300,000.00 $300,000 24 Lighting . conventional 2.6 MI. $120,000.00 $312,000 25 Storm drainage system 3.3 MI $1,300,000 $4,290,000 26 Bridges (structures with rail) 2 EA. $1,250,000 $2,500,000 BURY+PARTNERS-HOU,INC. 1001 West Loop South, Suite 200 Houston, TexQs 77027 Austin. Dallas. Houston' San Antonio. Temple, Texas' Fairfax. Warren/on. Williamsburg, Virginia TEl (713) 212-0011 FAX (713) 212.0010 www.burypartners.com Bury + Partners ENGINEERING SOLUTIONS SUMMARY OF CONCEPTUAL CONSTRUCTION COST ESTIMATE FOR CULLEN PARKWAY PEARLAND, TEXAS. (TXDOT 100' ROW CROSS SECTION - WITHOUT 8' SHOULDER) DATE: 8/1812006 Enoineers Estimate Unit Item: Quantity Unit Cost Total Demolition: 27 Clearing and Grubbing 19.7 AC. $1,500.00 $29,550 28 Remove existing asphalt pavement & base 62,343 S.Y. $3.75 $233,786 29 Driveway removal 7,046 S.Y. $23 $160,649 30 Remove & relocated signs and mailboxes 1.0 LS $15,000 $15,000 31 Remove existing bridge structures 1,100 S.Y. $55 $60,500 32 Remove structures (box culvert) 720 L.F. $25 $18,000 33 Remove structures (pipe culvert) 2,160 L.F. $12 $25,920 Total Construction" Contlgencles (15%)" T otai Cost Estimate" $22,808,591 $3,421,289 $26,229,880 Hourly Rate Schedule For Bury + Partners, Ine. Cullen Parkway BURY+PARTNERS-HODSTON, INC. STANDARD LABOR SCHEDULE EFFECTIVE JANUARY 7, 2006 THE FOLLOWING RATES ARE FOR WORK PERFORMED ON AN HOURLY CHARGE BASIS. RATES INCLUDE COMPANY OVERHEAD AND PROFIT FOR SERVICES ACCOMPLISHED DURING REGULAR WORKING HOURS. THESE RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE. DIRECT LABOR OFFlCE PERSONNEL SERVICES Classification Rate Principal........................................................................................................ $ 180.00 per hour Associate...... ...... ......... .......... ....... ............ ...... ...................................... .........$ 165.00 per hour Senior Project Manager................................... ............. ..................... ................. $ 155.00 per hour Project Manager .............................................................................................. $ 145.00 per hour Project Director... ........... ..... .................... ......... ........ ...... ....... ....................... ...$ 130.00 per hour Project Engineer VII............ ......................................... .................................... $ 130.00 per hour Project Engineer VI ................................................................... .......................$ 125.00 per hour Project Engineer V ........................................................................................... $ 120.00 per hour Engineer Associate V ....... ........... ........................................... ........................... $ 115.00 per hour Engineer Associate IV ................................................................ .......................$ 112.50 per hour Engineer Associate III ....................................................................................... $ 11 0.00 per hour Engineer Associate II ........................................................................................$ 105.00 per hour Engineer Associate I ......................................................................................... $ 100.00 per hour Land Planner .................................................................................................. $ 95.00 per hour Senior Engineering Technician III..................... .. .. .. .. .. . .. .. .. . .. . .. . .. .. .. .. . .. .. .. .. .. .. .. . .. .. $ 115.00 per hour Senior Engineering Technician II .......................................................................... $ 112.50 per hour Senior Engineering Technician I ........................................................................... $ 107.50 per hour Engineering Technician III.............................. ...... ....... .............. ................... ... ...$ 100.00 per hour Engineering Technician II .... ... ...... ........ .......... .. ......... .... .... .. ............. .. . . .. .. .. . .... .., $ 95.00 per hour Engineering Technician I .................................................................................... $ 90.00 per hour Engineering Assistant II ..................................................................................... $ 67.50 per hour Engineering Assistant I ...................................................................................... $ 65.00 per hour CAD Designer III... .............. ........... .......... ......... ....... ........................ ......... ......$ 100.00 per hour CAD Designer II......... . .. . .. . . . .. .. .. . . .. .. .. .. .. . .. .. .. . . .. . .. . .. .. .. . .. .. . .. . .. . .. . .. .. .. .. . . .. .. . . .. . .. . $ 95.00 per hour CAD Designer I............................................................................................... $ 90.00 per hour CAD Operator III............................................................................................. $ 85.00 per hour CAD Operator II...................... ....... .......... ....... .......... ........ ....... .................... ...$ 80.00 per hour CAD Operator 1...................................................... .. ............ ..... .......... .. . ......... $ 75.00 per hour Registered Professional Land Surveyor III................ . . . ... .. . .. .. . .. .. . . .. .. .. .... .. .. .. . . .. .. .. .. . $ 135.00 per hour Registered Professional Land Surveyor II....... .. . .. . .. .. .. .. .. . . .. . .. .. .. .. .. .. . . .. . .. . .. . .. .. . .. .. .. .. $ 120.00 per hour Registered Professional Land Surveyor I ................................................................. $ 110.00 per hour Senior Survey Technician .............. ...... ........ ......... .......... ............................... ..... $ 100.00 per hour Survey Technician III ........................................................................................ $ 95.00 per hour Survey Technician II......................................................................................... $ 90.00 per hour Survey Technician I ....... . .. . .. . .. .. . .. . .. . .. .. .. . . . .. . .. .. . .. .. .. .. .. .. . ... .. .. .. . .. . . .. .. .. . .. .. . .. .. .. .. . $ 85.00 per hour Administrative Assistant III ............................. . . . .. . . . .. . . . . . . . .. . . . . . . . . . . . . . .. . . . .. . . . .. . .. .. . . . $ 70.00 per hour Administrative Assistant II .. . . . . . . . . . . . . .. . . . . . . .. .. . . .. .. .. . . . . . . . . . .. . . . . .. . . . . . .. . . . . . .. . .. . . . . . .. .. . . . .. $ 67.50 per hour Administrative Assistant I .................................................................................... $ 65.00 per hour Secretary III................................................................................................... $ 60.00 per hour Secretary II ....... .......................................... ......................... .............. ............ $ 55.00 per hour Secretary I ..................................................................................................... $ 52.50 per hour Construction Observer................................. . . .. .. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. . . . . . .. $ 90.00 per hour Expert Witness ............. . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . .. . . . . . .. . . . .. . . . .. . .. . . . . . . . . . $ 325.00 per hour FIELD PARTY SERVICES 2- Man Field Party ............................................................................................ $ 130.00 per hour 3-Man Field Party ......... ...................................................................................$ 155.00 per hour 4- Man Field Party ................................................... .. .. . .. .. .. .. .. .. .. . .. .. . .. .. . .. .. . .. .. .. $ 180.00 per hour DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles.......................................................... ........... $ By Firm's Survey Trucks .......................................................................... $ 0.75 per mile 0.75 per mile Subsistence for Out-of-City Work (Survey Field Crew) ...................................Prevailing IRS approved . .. .. . . ... .. .. . . . . ..... ....... .......... .., .., . ... ... .... .... . . . . .. .. .. .. .. ...... . . .. .. ...... rates for survey locale Survey Stakes, Lathes, Iron Rods and other Direct Expenses .............................Our cost plus 10% In- House Reproduction & Printing by Finn.......................................... .... .... Prevailing commercial rates Outside Reproductions, Couriers and other Direct Expenses .............................. Our cost plus 10 % NOTES: 1. Field Party rates include a charge for normal equipment, normal supplies and survey vehicles. Abnonnal use of stakes, lathes, etc. used (such as during the construction phase of a project) will be charged as indicated. A mileage charge will be billed for projects exceeding a 50 mile radius of the base office. 2. A minimum of two (2) hours Field Party time charge will be made for show up time and return to office, resulting from inclement weather conditions, etc. 3. Field Party stand-by time will be charged for at the appropriate rates shown above. 2 Pass- Through Toll Application Scope of Services Cullen Parkway Prime Strategies, Inc. Prime Strategies, Inc. City of Pearland Pass-Through Toll- NEP A Process Scope of Services August 15,2006 1. Develop Pass-Through Toll Application a. Develop the Pass-Through Toll Application to be submitted to the TxDOT Houston District which includes the items below: i. Physical limits, description of roadway and interchange improvements, estimated project cost, benefits of project, and status of project development process and public support. This information will support development of the Project Description and Scope of Work attachment to the Pass-Through Toll Agreement. Above-noted base information will be provided by City and Engineer. ii. Project budget including construction cost, project development and engineering cost, right of way cost, agency funding participation, financing alternatives (TIF, etc.) and proposed pass- through payment schedule. This information will support development of the Budget attachment to the Pass-Through Toll Agreement. Above-noted base information will be provided by City and Engineer. 111. Identify the project delivery method alternatives such as Comprehensive Development Agreements (CDA) or Design-Bid- Build. Identify the project schedule and project task roles and responsibilities between the project developer (the City) and TxDOT during the complete implementation of the project. Depending on the current stage of project development, typical tasks include Schematics, Environmental Documents, Right of Way Documents and Acquisition Services, Utility Relocation Coordination, design review schedule and responsibilities, and construction engineering and inspection responsibilities. This information will support development of the Project Implementation attachment to the Pass-Through Toll Agreement. b. Attend and facilitate approximately five (5) meetings and work sessions with TxDOT Houston District, Headquarters and Commission, the City, and other involved agencies to present project information and status for project consensus building regarding the Pass-Through Toll Agreement. 2. Submit and Negotiate Pass-Through Toll Agreement a. Develop the Pass-Through Toll Agreement contract form which defines and binds the general obligations of the project developer and TxDOT. This contract form will be supplemented by various attachments as defined above. Page 1 of3 b. Submit the Pass-Through Toll Agreement to the TxDOT for final review and comment. Incorporate comments and submit Final Pass-Through Toll Agreement for Commission acceptance. c. Assist the City with TxDOT negotiations regarding pass-through agreement amount and payback schedule. Develop the pass-through agreement amount based on estimated project cost and bonding alternatives and develop a pay back schedule based on project traffic projections and bonding rates. 3. Public Involvement - National Environmental Policy Act (NEPA) Process a. Contact Database - PSI will develop and maintain a list of contacts, including stakeholders, interested citizens, public officials, local government staff representatives, civic leaders, state and federal agency staff representatives, and other interested parties, based on input provided by the City and the Engineer. The database will serve as the mailing list for the Project. b. Public Meeting - PSI, in consultation with the consultant team, will organize and provide support for the conduct of one (1) Public Meeting, which will be part of the official environmental process. PSI will arrange for the Meeting location and coordinate logistics. PSI will arrange for a court reporter and an English/Spanish interpreter to be present at the Public Meeting. The English/Spanish interpreter will provide interpretation services during the presentation and public comment period and be available to interpret during the open house period. PSI will prepare the public notice in both English and Spanish and will arrange for publication in area newspapers (The City will be responsible for Meeting notification via the contact database and city website.) PSI will provide assistance to the consultant team for the preparation of exhibits and materials. PSI will attend the Meeting, summarize the Meeting and comments received at the Public Meeting and during the designated public comment period, and coordinate responses to the comments received with the consultant team, as part of the Public Meeting summary. PSI will provide a certified transcription of the Public Meeting to the City as part of the Public Meeting summary. c. Public Hearing - PSI, in consultation with the consultant team, will organize and provide support for the conduct of one (1) Public Hearing, which will be part of the official environmental process. PSI will arrange for the Hearing location and coordinate logistics. PSI will arrange for a court reporter and an English/Spanish interpreter to be present at the Public Hearing. The English/Spanish interpreter will provide interpretation services during the presentation and public comment period and be available to interpret during the open house period. PSI will prepare the public notice in both English and Spanish and will arrange for publication in area newspapers, (the City will be responsible for Hearing notification via the contact database and city website.) PSI will provide assistance to the consultant team for the preparation of exhibits and materials. PSI will attend the Hearing, summarize the Hearing and Page 2 of3 comments received at the Public Hearing and during the designated public comment period, and coordinate responses to the comments received with the consultant team, as part of the Public Hearing summary. PSI will provide a certified transcription of the Public Hearing to the City as part of the Public Hearing summary. 4. NEP A Document Review a. PSI will review, as requested by the City and/or the Engineer, the Draft Environmental Assessment (EA). PSI will provide comments, as appropriate, to the consultant team. b. PSI will review agency comments during the review phase of the draft EA, as requested by the City and/or the Engineer, and provide comments, as appropriate, to the City and/or the Engineer. c. PSI will review, as requested by the City and/or the Engineer, responses developed by the consultant team as part of any supplemental work task identified as necessary during the development of the Final EA. d. PSI will review, as requested by the City and/or the Engineer, the EA during development prior to agency submittal; review agency comments; and, provide comments, as appropriate, to the City and/or the Engineer. 5. Project Management a. Attend team meetings with Engineer, team members, and City of PearIand representatives, as directed by Engineer to evaluate the program status, determine necessary adjustments to the project work plan and schedule, plan upcoming events and discuss and resolve key project issues. b. Monthly Invoices for work completed during the period will be submitted monthly. c. The work on this Project performed by Prime Strategies, Inc. (PSI) may be inspected by the Engineer at any time in the offices of Prime Strategies, Inc. at 1508 S. Lamar Blvd., Austin, Texas 78704. d. PSI will manage all activities associated with the work tasks described herein. PSI will secure the resources necessary to produce the Project deliverables and meet the Project schedule. PSI has designated Michael J. Weaver as the PSI Project Director who will be responsible throughout the Project for project management, communications, and coordination with the City and the consultant team. 6. Deliverables a. Sixteen (16) hardcopies of the Pass-Through Toll Application. b. Two (2) hardcopies of Public Meeting Summary. c. Two (2) hardcopies of Public Hearing Summary. 7. Additional Services a. To be determined upon completion of negotiation of pass-through toll agreement and/or and preparation ofNEPA document. Page 3 of3 jij 1/1 o C. o .. Q. - ~"g~ LL.!!lE<o c.i:a1ll9 ~~5,g> 1/1-<1= .!!! 0 l:lltO Cl~l:"'" ~(}=5 .::; .... Ul ~ Cll Cl .5 i5 .. ... Q. ~ ';;; Ul III Q. 12 III o o .. Q. < Q. W Z NO "'0 Iii '<to a '<t 0> .... .0- /'- ... 0 0 NO ",<0 to N ... 0 0 ~g N N ... 0 0 '<to IDID ....q N N ... 0 0C! 0 ... c'i5 s o .... 00000000000000 00000000000000 ";000000060.006($ ~~g~~~~~~~:it.......... ~(1) fIi}.(;F.tER- t.9 M ~ <A ~1i) l: 0 ::JU LO '<t '<t 6 fI> m 0. '(3 ,S a:: o '" N ... 0 00 0 -.::-- QJ 0 C!o 0 .c '<to o . ..t a N~ '<t"" 0 Ol_~ .... >- .0 0> <D - 0 III '<t /'-(") llQ '0 ... <A <A <It '0 'm z .e, ~ f! 0 ;:,.0 o III :r:..J -'0 III Cll "0.: I-D z- 'E a:: '0 c: co '0 co III L: Cii > o OJ l: 'g W U<ll~ ::s5l..J oii~ .00.0 5~.... o o N !l 'c ::> 1/1 Cll Ul l: Cll C. )( W .c o .c m -fi -~ .cOIllQJ <5 f;l 0 Clllll llJ..ooN ~ g~~~ Cll o@);;@) '0, -- lO III S :E:it~@)E E ~r.:>\OOlg ... <(wm'S~ ~ ~-;.a."E~~~ E~(ij.:::~a.."ii+= ._='t:""'<t""-o,S x Q:~~ :r:a::~ ::2 o <1J <Il III .,... ... @) o .... Cll o '~ II> II> '" ~~ <Il 0)> w Q) 0= 5 :g Q.~~Q. l'i ~~~~~Jj -g~~5~2 oS x Q) 0 >< 0 (/)WI-UWI-- Preliminary Hydrology/Hydraulic Study Scope of Services Cullen Parkway Klotz Associates, Inc. lof6 8/22/2006 HYDROLOGYnIYDRAULICSTUDY SCOPE OF SERVICES CULLEN P ARKW A Y From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates, Inc. Drainaee Report Klotz Associates (The ENGINEER) will prepare a preliminary drainage report to define the drainage infrastructure required for Cullen Parkway. This analysis will include the preliminary analysis for cross drainage structures, preliminary requirements for storm sewers, an impact analysis, a mitigation analysis, recommended compensatory storage for floodplain fill, recommended minimum pavement elevations based on cross drainage flood elevations, and any additional right-of-way requirements for drainage elements. The analysis will be in accordance with the TxDOT Hydraulic Design Manual. The City of Pearland, Drainage District # 4 (DD4) and Harris County Flood District (HFCD) criteria will be used where it provides detailed local criteria and specifies the required analysis methodology, unless the CITY directs that only TxDOT and/or DD4 and/or HFCD criteria be used. If City criteria are in conflict with TxDOT criteria and/or DD4 criteria and/or HFCD criteria, City criteria will be used, unless the CITY specifies that TxDOT and/or DD4 and/or HFCD criteria are to be used. If TxDOT and/or DD4 and/or HFCD criteria requires analysis beyond that required by City criteria for the same design purpose, only the City criteria shall be followed, unless the CITY specifies that TxDOT and/or DD4 and/or HFCD criteria is also to be used. Exhibits and analysis will be prepared in the GIS environment to the extent practical. a. Management, Meetings and Coordination Activities include general project management for drainage design, coordination with City, coordination with roadway design activities, and status review and reporting. The ENGINEER will attend up to three meetings with the client to discuss the drainage analysis and recommendations. These meetings will also be used to define which agency's drainage criteria shall govern drainage design, and to identify mitigation requirements. The ENGINEER will also attend one coordination meetings with DD4 and one coordination meetings with HCFCD if the City desires such attendance or the ENGINEER deems them important to successful project execution. b. Site Inspection and Survey Coordination Cullen Parkway 20f6 8/22/2006 HYDROLOGYnIYDRAULICSTUDY SCOPE OF SERVICES CULLEN P ARKW A Y From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates, Inc. The ENGINEER shall inspect the site and develop site-based information pertinent to drainage design for the project, including: . Conduct a site inspection of the project and nearby adjacent areas and identify unusual drainage conditions. . Provide a photographic documentation of drainage conditions as part of the site inspection. . Provide specifications to the surveyor for collection of appropriate information for use in the drainage analysis. . Receive and review data from the surveyor as it relates to drainage design c. Data Collection The ENGINEER will be responsible for performing record research and obtaining existing information, including construction plans. . Collect data on drainage facilities and issues which may impact drainage design. Obtain construction plans within the project limits for abutting TxDOT, county, and City Roads. Obtain drainage studies, reports and mapping for the project area, including reports for developments affecting the drainage area. Obtain recent and reasonably available floodplain data, models, and analyses pertinent to current floodplain conditions. We plan to use the available TSARP data and associated draft flood plain maps for Clear Creek and the results of the 2004 preliminary flood study for Pearland Hickory Slough. The ENGINEER will confer with the City as to the most appropriate way for incorporate such updating into the drainage evaluation for this project. Conduct additional surveys as is deemed necessary for the successful completion of this task. This will be deemed additional services and will be performed after agreement and a mutually agreed-upon fee. It will also be vital to adequately tie the surveying to the TxDOT, TSARP, Pearland and other datums to adequately make any needed datum adjustments. The ENGINEER will closely coordinate with the surveyor to pick up and tie down as many bench marks and TBM's and associated datums as possible within the general area of the project. . . . Cullen Parkway 30f6 8/22/2006 HYDROLOGYnIYDRAULICSTUDY SCOPE OF SERVICES CULLEN PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates, Inc. d. Cross Drainage Analysis Analyze drainage courses crossing the proposed roadway to establish water surface elevations and to size the proposed bridges and cross drainage structures. Work will include: . Identify cross drainage systems. Determine if drainage is via a defined water course or by sheet flow. Prepare a sheet flow evaluation suitable for sizing cross drainage facilities. Establish drainage areas for each cross drainage system. Develop peak flow rates for the 2 or S (depending upon City criteria), 10, 25, and lOa-year storm events. TxDOT criteria as defined in the latest TxDOT Hydraulic Design Manual shall be used to determine the method to use for peak flow rate computation, unless the City specifies other methods (such as use of the Brazoria County Master Drainage Plan hydrologic model).. Where sufficient topographic data are in the judgment of the ENGINEER, available, create limited or use previously developed HEC-RAS or HEC-2 hydraulic models, at the discretion of the ENGINEER, to evaluate the two major cross-drainage structures. The same storm frequencies will be used with these models that are described above to develop peak flow rates for cross drainage structures. Estimate the size of any cross drainage structures. HEC- RAS will be used to size cross drainage structures where such models are available. No detailed calculations will be made for the cross drainage. Actual sizing and details of cross drainage will be done in final design. Creek Clear cross drainage shall be via bridge flow and is considered a special situation. The ENGINEER shall provide cross drainage design for Clear Creek, with necessary evaluation being made to determine and achieve necessary low chord bridge clearance. The selected HEC- RAS model (Task c above) will be used to define water level conditions. Floodway determination and SOO-year floodplain, if done, would be at the request of the City and be done as an Additional Service. Bridge design impacts for the lOa-year flood will be determined. Mitigation of impact will be designed, based upon criteria identified in . . . . . . Cullen Parkway 40f6 8/22/2006 HYDROLOGYIHYDRAULIC STUDY SCOPE OF SERVICES CULLEN P ARKW A Y From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates, Inc. consultation with the City and other parties (i.e., DD4 and HCFCD). A demonstration of impact mitigation will be provided. Tile impacfevaluation and mitigation process for the Clear Creek crossing will conform to standard FEMA evaluation processes, assuming the selected hydraulic model (Task c) is considered to be the "revised base" model as defined by FEMA procedures . In case of Hickory Bayou, the ENGINEER is aware that drainage conditions may require the use of HEC-RAS for drainage evaluation. The 2004 preliminary flood study for Pearland Hickory Slough will be used to the fullest extent possible. If in the judgment of the ENGINEER, a different HEC-RAS model is critical to effective cross drainage design at Hickory Slough, a local HEC-RAS model will be developed using available field data based upon ROW survey and closely adjacent topography. . . Based on the cross drainage systems water surface elevations, recommend minimum pavement elevations. . Identify potential needs for requests for a LOMR or a CLOMR. The preparation of LOMR or a CLOMR is NOT part of basic services. If CLOMR or LOMR application preparation were requested by the City, such preparation would be undertaken as an additional service. e. Right-of-Way Drainage (Storm Sewer System) Prepare a preliminary sizing of the right-of-way drainage system for the right-of-way and development strip. Work will consist of the following: . Prepare a conceptual trunk storm sewer layout The trunk storm sewers will be sized in accordance with TxDOT and City of Pearland criteria The design frequency shall be either a 2, 5 or 10 year frequency (one only being selected, in accord with the controlling criteria), with a check on the 100-year flow condition. Details, connections, special details and calculations will be done in the final design and are not part of this scope. Any special sizing such as large diameter plastic pipe and other material is NOT currently included in the Fee Schedule. This fee can be taken from the contingency feenas necessary. . . Cullen Parkway 50f6 8/22/2006 HYDROLOGYnIYDRAULICSTUDY SCOPE OF SERVICES CULLEN P ARKW A Y From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates, Inc. f. Impact and Mitigation Analysis Prepare an impact analysis to determine the increase in peak flow rates for the 100-year storm. No other frequencies will be analyzed. Only the proposed road right-of-way will be used for the analysis. Whether or not a development strip will be included in the impact analysis will be specified in initial discussions with the City of Pearland in view of the fact that private development will have to mitigate their impact (possibly with on-site detention). . Determine existing conditions 100-year peak flow rates. . Determine proposed conditions 100-year peak flow rates. . Prepare a mitigation analysis using the Small Watershed Method or other appropriate method consistent with City drainage criteria to develop detention volumes. . The detention analysis does not include the following items, which are to be provided in the final design after the site is selected: Routing of the storm hydro graphs through the detention basins to verifY volume requirements and attenuation of peak flow rate. Design of control structures. g. Right-of-Way It is assumed that the City has two sites available for detention basins for mitigation volumes. The adequacy of these sites will be judged by the Engineer. However, actual calculations for pond volumes, access, and details will be done during the final design phase. h. Floodplain Mitigation Using GeoPak or similar computation tools, calculate the volume of fill to be placed in the 100-year floodplain assuming the floodplain is not altered from its current condition and location as defined by latest available TSARP flood plain maps for Clear Creek and preliminary flood plain maps for Hickory Slough as shown in the 2004 City of Pearland floodplain study for Hickory Slough. We anticipate the compensatory storage will be included within the planned two detention facilities. The evaluation of Cullen Parkway 60f6 8/22/2006 HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLEN P ARKW A Y From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates, Inc. mitigation needs would be conducted in conjunction with the cross drainage 1. Drainage Report Prepare a report documenting the drainage analysis. Provide 5 draft copies and 5 copies of the final report. The following are excluded in the basic services for this study: Exclusions: . Preparation of requests for a Letter of Map Revision (LOMR). . Preparation of requests for a Conditional Letter of Map Revision (CLOMR). . Routing of storm hydro graph through detention basins. . Design of detention basin control structures. . Use of Win storm for conceptual-level storm sewer design. . Storm water quality. . Storm water management facilities for construction. J. Plans a. Drainage Area Map - The ENGINEER shall prepare a drainage area map at a scale of 1" = I 00 feet or 1" = 200 feet as necessary to fit on standard sheets. b. Layout and Structural Design . Storm Sewer System - The ENGINEER will layout the proposed storm sewer system based on preliminary calculations. . Outfall Channels - The ENGINEER will indicate and size proposed outfall locations and storm sewer outfalls based on preliminary calculations. Actual sizing calculations will be done during PS&E. Cullen Parkway ~ ,.J g to .... :0 Q '" ;;l U .. '" ~ ""U .,<- rn ; ..l~..l ., ;;l ;;l .. ~..:~ < ::<Q U it .. uo.;.- 0 :0 '" i 0 ",zi; '" 12: ","';.- < .. .. :::lg ~ 8 ~ ;;l..l i -. L Uo f ~ ..: :.: Q ;.- ~~t; :: ;:::;8 0::3" i-;"mo g "'boo iil~:i ~ ;Q ,.J ~ :o~;:5 ~8g i ~ 0- .1i "5 {) Transportation Engineering Services Scope of Services Cullen Parkway GC Engineering, Inc. GC Engineering, Inc. 4201 West Broadway, Pearland, Texas 77581 Tel. (281) 412-7008 Fax. (281) 412-4623 www.oc-enoineerinq.com TRANSPORTATION ENGINEERING SCOPE OF SERVICES Cullen Road from BW 8 to FM 518 Brazoria County, Texas The scope of services presented herein by GC Engineering, Inc. (GCE) is comprised of traffic engineering services for the proposed reconstruction of Fann to Market Road 865 (Cullen Road) from Beltway 8 (BW 8) to FM 518 in Brazoria County, Texas. Proposed reconstruction activities include the widening of the existing roadway within the existing right-of-way (ROW), from two to four lanes with exclusive turn lanes at key intersections. Existing traffic signals will likely require modifications with ROW acquisition needed for corner-clips at the intersection of Cullen Road at CR 106 and Cullen Road at Hughes Ranch Road. The proposed project also includes two potential stonn water detention pond sites: an approximate 5-acre site located to the east of Cullen Road near Hickory Slough, and an approximate IO-acre site located adjacent to Clear Creek to the west of Cullen Road. It is our understanding that the reasonable alternatives may potentially include alternative configurations of 4 lane divided roadway. The tasks included in this Scope of Work include: . Development of Traffic Volume Forecast · Development of Existing Traffic Analysis · Traffic Signal PER (Preliminary Design) · Development of Preliminary Signal Construction Cost Estimate. TASK 1. TRANSPORT A TIONfTRAFFIC ANALYSIS 1. Traffic Forecasts Under this task, TransCAD scenarios will be run using the City of Pearland Traffic Model to develop traffic forecasts for FM 865. Various changes in the corridor will be included in the forecast scenarios including, but not limited to completion of McHard Road between FM 865 and SH 288, completion of a proposed new high school at FM865 and CR403, and widening ofCR403 between FM865 and CR94. The traffic forecasts will be used as an input to the shadow toll analysis, and will fonn the basis for detennination of number of lanes required along FM 865. 2. Traffic Analysis The traffic forecasts will be used in developing lane requirements for Cullen Parkway, and will also be used as a starting point in detennining the need for exclusive turning lanes at key locations, and as an input to the signal design process. The results of the traffic analysis will be used to support the purpose and need statement of the Environmental Assessment. The analysis will utilize existing and future traffic volumes for the detennination of the required number of lanes and will include a one to two page summary of why the project is needed. 08/22/06-GCE SOW - Transportation Engineering Services, Cullen Road. Brazoria County, TX Page 1 of3 TASK 2. TRAFFIC SIGNAL DESIGN 1. Preliminary Design The preliminary design task will consist of a review of existing signals and development of a conceptual plan for improvements, and preliminary construction cost estimate. There are five existing traffic signals within the limits of work, as follows: . FM 51 8, at the southerly limit of work, is a recently re-configured signal system that operates as a split-phase operation for north and southbound approaches along Cullen Parkway. With an additional lane in each direction along Cullen, the opportunity exists to examine timing and phasing options to provide less time for through traffic, and, thus additional time for FM518 and for high volume turning phases. At a minimum, there will be a need for modification of signal head locations and lane configurations at this location. . CR 403 is a recently installed signal. With widening, there will be a need to relocate signal hardware. With potential widening of CR403, there will be a need to coordinate with that design effort, and with a potential new high school to be located at the northwest comer of the intersection, there will be a need to confirm that signal timing and turning lanes are appropriately designed to accommodate a major traffic generator. . Brookside Road is currently a flashing yellow warning signal. With potential completion of McHard from SH 288 to Cullen Parkway, this could become a major intersection since this would be the location of the future McHardlCuIlen intersection. The traffic forecasts will be used to determine whether or not a full signal operation is warranted, however, given the preliminary indications of future traffic on McHard, it is likely that a signal will be warranted. At a minimum, this location will require relocation of signal hardware due to the widening of Cullen, and future consideration of a major signalized intersection. Likely, the timing of completion of McHard will require a new signal design at this location. . The current signal at the entrances to Tom Bass Park and Adair Park likely require relocation of signal hardware and redesign to accommodate the widening of Cullen. . The current signal at the Sam Houston Tollway (Beltway 8) frontage roads may require modifications to accommodate the high volume left turn from Cullen to the westbound frontage road. For each of these there will be an effort during the preliminary design effort which will include a discussion of alternatives and conceptual recommendations which will be described as part of the PER. This effort will include a preliminary construction cost estimate for traffic signal improvements. ADDITIONAL SERVICES OF GCE NOT INCLUDED: 1. Traffic counts collected in the field along existing roadways. 08/22/06-GCE SOW - Transportation Engineering Services, Cullen Road, Brazoria County, TX Page 2 of3 FEE SCHEDULE The lump sum fee for providing the services detailed in this Scope of Work is $52,326.68 based on the following estimated level of effort: Principal Transportation Engineer Sr. Transportation Planner/Engineer Engineer/ Planner Technician Clerical Labor Rate: T atals "i J .... ........"..., ,. -.......,.., , ., j.;~.., """f' '" '" .... "t..., ';;'"''''1''' -~.; ........", I' .. I~Clffi~ f.\I1Clly~i;S. .."-.,,. . i..... I ' ",,,.....,, .,,~E)'f .." "... ...." ,,,..,... .,.1..--.".."......, ...' .+ ,.. . ....."...... .j". ,. ....m.'.'....... ...._.....,'t~_. ..".... : ''',:(:' ""-' -_.. """,_. ,,,-~:"_...._._.,,._.....,.,,......[....,..,.. "....,.,. .,.,..", "....t. ., 0 . ..' ,.,1.. ,.", ~f)!iI11Cl.~~!:I.(;)lJ.r~:+ .....". . .... ..159_",.+, ""..,?~--- .!." ..!5~."" ,. '11... ,." ....?~ -,,,, +""""'1" Estimated Labor Cost: ; $6,731.00 I $9,480.90 I $4,874.94, $960.00 I $0.00; $22,046.84 ==q!~~~-~=-1~~~~T~~~__-:F~-=t~=__I~~+=~:-::= Preliminary Design i 24 I 88 i 96 I 24 I ! .'-,,-'..'.--"",..--.--..-------"-.~---.-''''',.---.,''-''"-"",-'~-----..-~r--~.-'''''..,,-....;.----'-,.-.t-'''''..''''''-'--".,-_...,-" Construction Cost Estimate I 4 I 16 I 40 I ! ! """", ."""...,""".""""'''',.....---''''''"..,,,,...,'1''''''-'''''',.."'.-"''''~.".'''."i--,.'''~-.-'_._._--t-_._-''...''''T-''-''-,.""..._-.....-1.~"". "..,.,.....t. ." Total Estimated Hours: ! 88 I 152 i 184 i 76 0 i .....""^'.".,...~^-^--_.."'----"".,,4-'-""""'--"-~"^..."-T-.'...""-""..,,,.--..,,-.--.."-t-'-''''''-''''''''j-''''''''. --". -....."........." '.."t..'.... "..--....,....' I~!~1..~.~!II11.Cl!~~"_C_o~,,tl._,.._~~,!~~~~.....J...,,__~1..?~.!.:~J $12.509.28_-L__$9~.Q:Q.Q,,,,,, I lQ:QQ....L_,,,~~,~.&?~:.~~.... I ~! I I Direct Costs I Unit Cost I Units I I ! ~~,.~rl"'B~;r~~~~;i~..=:=~=''''~~~r=~...i~!?.q:Q.Q~."J~~~...'=~;~.=..'-==r~-;~-===:C..-=-==~:]=-..=..:",~~I=:~.:~..!?Q:q::QO I ' , , I f L I ! I . i _.,_.~,-._._-~~.~,-."'~-_.~_._y..,.._._------~."- _'.__~___'_'~~_-J--K'_'__'____"_~'M"~...____"J"_.,~.~~._._,,~^_..~.~-,.~"__,L__.^_,.,_,-_~,LN___'~"-1"'__"'" .".'_....,.. "",_,_~_~~~__.",_, Total Estimated Task Cost:: $30,079.84 c: \Documents and Settings\nburchfieldILocal Settings\Temporary Internet Files\OLK7C\060822 _ GCE SOW" Traffic.doc 08/22/06-GCE SOW" Transportation Engineering Services, Cullen Road, Brazoria County, TX Page 3 of3 Environmental Services Scope of Services Cullen Parkway GC Engineering, Inc. GC Engineering, Inc. 4201 West Broadway, Pearland, Texas 77581 Tel. (281) 412-7008 Fax. (281) 412-4623 www.Qc-enqineerinQ.com ENVIRONMENTAL SCOPE OF SERVICES Cullen Parkway from BW 8 to FM 518 Brazoria County, Texas The scope of services presented herein by GC Engineering, Inc. (GCE) is comprised of traffic engineering services (i.e., EA) for the proposed reconstruction of Farm to Market Road 865 (Cullen Parkway) from Beltway 8 (BW 8) to FM 518 in Brazoria County, Texas. Proposed reconstruction activities include the widening of the existing roadway within the existing right-of-way (ROW), with ROW acquisition needed for comer-clips at the intersection of Cullen Parkway at CR 106 and Cullen Parkway at Hughes Ranch Road. The proposed project also includes two potential storm water detention pond sites: an approximate 5-acre site located to the east of Cullen Parkway near Hickory Slough, and an approximate IO-acre site located adjacent to Clear Creek to the west of Cullen Parkway. It is our understanding that the reasonable alternatives may potentially include alternative configurations of 4 lane divided roadway, and the No Build Alternative. This scope of work assumes the area of potential effect (APE) for the proposed project is 150 feet measured from the existing centerline on both sides, totaling 300 feet of APE along the entire 2.7 miles from BW 8 to FM 5 I 8. The tasks included in this Scope of Work include: · Research, analysis, and preparation of Environmental Assessment document; · Regulatory Agency Coordination; and · Assistance in public involvement activities. TASK 1. ENVIRONMENTAL ASSESSMENT 1. Environmental Documentation This subtask includes obtaining and documenting baseline environmental setting information and performing analyses to evaluate the potential environmental consequences for implementing the proposed project. This includes documenting the environmental constraints and potential impacts of the alternatives, including the No Build alternative. Impacts to be addressed will be in accordance with applicable State and Federal guidelines. This subtask includes coordination with TxDOT. After gathering the various inputs identified below, the findings will be detailed in the applicable environmental document (i.e., EA). The environmental document will be organized according to TxDOT and FHW A format. a. Environmental Setting A detailed evaluation of the environmental effects that would occur as a result of the project will be performed to develop the framework that will guide the environmental analysis, evaluation, and documentation. Activities to be performed as part of the evaluation of the environmental setting, includes the following activities: Preliminary Site Reconnaissance of Proiect Area: This task includes a preliminary site reconnaissance of the project to become familiar with existing conditions of the project 08/18/06-GCE SOW - Environmental Services, Cullen Road, Brazoria County, TX Page I of 10 GC Engineering, Inc. 4201 West Broadway, Pearland, Texas 77581 Tel. (281) 412-7008 Fax. (281) 412-4623 www.Qc-enQineering.com ENVIRONMENTAL SCOPE OF SERVICES Cullen Parkway from BW 8 to FM 518 Brazoria County, Texas The scope of services presented herein by GC Engineering, Inc. (GCE) is comprised of traffic engineering services (i.e., EA) for the proposed reconstruction of Farm to Market Road 865 (Cullen Parkway) from Beltway 8 (BW 8) to FM 518 in Brazoria County, Texas. Proposed reconstruction activities include the widening of the existing roadway within the existing right-of-way (ROW), with ROW acquisition needed for corner-clips at the intersection of Cullen Parkway at CR 106 and Cullen Parkway at Hughes Ranch Road. The proposed project also includes two potential storm water detention pond sites: an approximate 5-acre site located to the east of Cullen Parkway near Hickory Slough, and an approximate 10-acre site located adjacent to Clear Creek to the west of Cullen Parkway. It is our understanding that the reasonable alternatives may potentially include alternative configurations of 4 lane divided roadway, and the No Build Alternative. This scope of work assumes the area of potential effect (APE) for the proposed project is 150 feet measured from the existing centerline on both sides, totaling 300 feet of APE along the entire 2.7 miles from BW 8 to FM 518. The tasks included in this Scope of Work include: . Research, analysis, and preparation of Environmental Assessment document; . Regulatory Agency Coordination; and . Assistance in public involvement activities. TASK 1. ENVIRONMENTAL ASSESSMENT 1. Environmental Documentation This subtask includes obtaining and documenting baseline environmental setting information and performing analyses to evaluate the potential environmental consequences for implementing the proposed project. This includes documenting the environmental constraints and potential impacts of the alternatives, including the No Build alternative. Impacts to be addressed will be in accordance with applicable State and Federal guidelines. This subtask includes coordination with TxDOT. After gathering the various inputs identified below, the findings will be detailed in the applicable environmental document (i.e., EA). The environmental document will be organized according to TxDOT and FHW A format. a. Environmental Setting A detailed evaluation of the environmental effects that would occur as a result of the project will be performed to develop the framework that will guide the environmental analysis, evaluation, and documentation. Activities to be performed as part of the evaluation of the environmental setting, includes the following activities: Preliminary Site Reconnaissance of Proiect Area: This task includes a preliminary site reconnaissance of the project to become familiar with existing conditions of the project 08/18/06-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 1 of 10 area and identifY significant features of the community. This task includes obtaining various maps and other supporting data, as needed, which is not identified in other tasks within this Scope of Services. Review of Aerial Photographs: This task includes a review of historical aerial color and black/white photographic enlargements for selected years. Infrared color photographs will be analyzed for the presence of wetland signature color distortions. Information for all photographic interpretation will be compared to locate recurring sites where wetland signatures are present. Review of Biolog:ical Elements: The Threatened and Endangered Species listings currently maintained by the U.S. Fish and Wildlife and the Texas Parks & Wildlife Department will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area and will be indicated by map. The presence of state or national parks, forest, wildlife refuges, wild or scenic rivers, natural areas, or similar preserves in the planning area will be identified by map. Review of Hydrolo!1:ical Elements: This task includes research and review of all hydrological elements within the project area. This task is intended to identifY receiving streams and regulatory coordination necessary under the proposed action. Review of Socioeconomic Elements: This task includes research and review of available income information for the community, such as median annual income. This task also includes research to obtain land use information for the project area and surrounding community, which will be included in the EA. Preparation of a Map Representing Potential Wetland Areas: This task includes the preparation of a scaled map to show potential wetland areas and the limits of Jurisdictional Waters. Upon completion of the site reconnaissance and in-office analysis of the study data, the boundaries of the area determined to be Jurisdictional Waters ofthe United States will be flagged for survey by the project surveyor. Preparation of Constraints Map for the study area: After gathering the various inputs identified in other tasks under this phase, the findings will be presented on a map overlaying the results on a recent aerial photograph of the study area. This preliminary information will assist in providing a means for analysis of the alternatives. The constraints map will be used as one of the graphics during the public involvement activities detailed in Task 2. b. Analysis and Evaluation of Proposed Project Once the baseline data is compiled, the potential environmental effects that potentially would occur as a result of the project will be evaluated to develop the framework that will guide the environmental analysis, evaluation, and documentation. Activities to be performed as part of the evaluation of the environmental setting, includes the following activities: Biological and Natural Resource Impact Assessment: The biological and natural Resource aspects of the proposed project will be reviewed and analyzed for potential impacts to those resources. The site will be reviewed for biological indicators of presence. If marginal or suspicious habitats are encountered, a specialist on the specific study species will be consulted and their findings included in the site impact assessment. 081/8106-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 2 of 10 Wetland Impact Assessment: The proposed project will be evaluated to identify methods to minimize wetland impacts, if any. If wetlands will be impacted by the project, an explanation of cost and technical factors, as applicable, such as discussion if there is no practicable alternative to the construction will be included in the environmental document. Additionally, if required by Section 404 of the Clean Water Act, appropriate wetland permitting and mitigation will be proposed for wetland impacts. This task includes inspecting the property under the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. Army Corps of Engineers. The proposed project will be reviewed for any wetland impacts. Transects will be performed across the property, perpendicular to the nearest watercourse. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation samples will be evaluated and recorded at each sample area. Upland vegetation will be verified, for it is as significant as wetland vegetation in the determination process. This task includes delineation of the ordinary high water mark at proposed crossings of the jurisdictional waters of the United States. Inspection of the property for evidence or lack of wetland hydrology will be performed at each sample area. Soil samples will be evaluated at each test site for their hydric and non-hydric characteristics. Non-hydric soils verify upland status and are as significant as hydric soils in the determination process. As many as 50+ sample sites, evaluating vegetation, soil, and hydrology criteria, may be necessary. Hazardous Waste Impacts Assessment: The hazardous wastes impacts will be identified, to the extent feasible in accordance with TxDOT guidelines. The purpose of this assessment will be to be identify the potential for recognized environmental conditions; that is, the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the ground, groundwater, or surface water of the property. This subtask will have four components, as follows: (1) Obtain and review records that will help identify recognized environmental conditions in connection with the property. Some records will pertain to properties within an additional approximate search distance in order to help assess the likelihood of potential problems from migrating substances. (2) Site Reconnaissance: Visually and physically inspect the property and adjoining properties, to the extent not obstructed by bodies of water, adjacent buildings, or other obstacles, for evidence of hazardous substances or petroleum products. (3) Interviews may be conducted to obtain information regarding current and historical uses of the property that may be related to environmental conditions. (4) Evaluation and Report Preparation: The information gathered from the previous tasks will be evaluated, and the findings will be presented in a report that describes, at minimum, site and vicinity descriptions, current and past uses of the property and adjoining properties, information from records reviews, information from site reconnaissance and interviews, conclusions and opinions of impacts, if any, of recognized environmental conditions. Should additional testing be required, this can be performed as an additional service. Historical, Cultural and Archeological Survey: This subtask includes survey/analysis in three areas, which may result in the generation of a separate technical report on the issue. The report(s) produced under this task will be included as an appendix to the 08/l8/06-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 3 of 10 environmental document, as applicable. The following items are included as part of this task: (1) TxDOT precertified person(s), will perform a reconnaissance survey of the project area in order to identifY areas within the corridor where archeological sites may be encountered, or where there is preservation potential. It is assumed that all lands associated with the proposed project will be publicly-owned, and that the issuance of a Texas Antiquities permit will be required prior to fieldwork mobilization. It is also assumed that the 10 acre detention basin is located in PALM Unit 2 area, and that the 5 acre DB is in a PALM Unit 2a area. Additionally this scope of work includes the critical assumption that no archeological resources will be found during the excavation and that shovel testing a limited backhoe trenching will be sufficient to complete the investigation to the requirements of TxDOT and the THC. Upon approval by TxDOT/THC, twenty (30) copies of the final report will be provided to the TxDOT/THC. (2) Qualified cultural resource personnel will perform a windshield survey of the project area, and will review National Register of Historic Places (NRHP), the list of Recorded Texas Historical Landmarks (RTHL), and Texas Historic Sites Inventory to identifY previously designated historic resources. The project's area of potential effects (APE) is estimated to extend 150 feet beyond the existing ROW boundaries. The purpose of this survey is to identifY and evaluate all buildings, structures, objects, and potential districts constructed in 1956 or earlier that are located within the APE. This scope of services assumes up to 10 pre-1956 structures may be located within the survey area, based on a cursory examination of the USGS 7.5' quadrangle topographic and historic Texas Highway Department county highway maps. (3) This task also includes review to identifY whether sufficient information is available to determine 4(f) status. Should sufficient information be available, then the NRHP criteria will be used to evaluate significance and for integrity to evaluate the 4(f) properties, as applicable, and will provide a report of the data in conformance with FHW A 4(f) policies. Should the 4(f) issue be eliminated from further consideration, detailed information explaining the issue will be provided as a section in the environmental document. Traffic Noise and Air Ouality Analysis: Traffic noise analysis will be conducted using FHW A Traffic Noise Model (TNM) using existing (2006) and design year (2026) traffic volumes in the model. Noise wall analysis, if applicable, will be performed. Air quality analysis will be performed in accordance with TxDOT guidelines, if required, using Caline31M0bile 6A. c. Environmental Document Preparation and Circulation GCE will prepare and submit copies of the environmental document as indicated and respond to comments on the environmental document. All copies of the environmental document will be submitted to the County for forwarding to the State. . Prepare and submit one copy of the environmental document as indicated and respond to comments on the environmental document by the TxDOT Houston District office. All copies of the environmental document will be submitted to the City for forwarding to the State. . Prepare revised draft environmental document (Version 2) to respond to City's and District's comments and submit eight copies to the City for forwarding to TxDOT's Houston District (District). 08/18/06-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 4 of 10 . Revise draft environmental document (Version 3) based on additional comments from the District and submit 8 copies to the City for forwarding to the District. lithe District has no more comments, the environmental document will be sent to Environmental Affairs (ENV) for additional comments. . Revise draft environmental document (Version 4) based on additional comments from ENV and submit 8 copies to the City for forwarding to the District, then ENV for resource agency circulation . Revise draft environmental document (Version 5) to include resource agency comments and submit 8 copies to the City for forwarding to the District, then to ENV, then to FHWA. . Revise draft environmental assessment (Version 6) to include additional ENV comments and FHW A comments and submit 8 copies for forwarding to the District, then to ENV, then to FHW A for final document approval. . After FHW A approval of the EA, assist the City in offering the public the opportunity for a Public Hearing to discuss the selection of the Preferred Alternative. . Assist City in showing project to people requesting Public Hearing. If 10 or more people request a Hearing, assist the City in conducting a Public Hearing as an additional scope item. 2. Agency Coordination This task includes the preparation of applicable agency coordination letters for the proposed action, including the following agencies: TxDOT, USACE, the U.S. Fish and Wildlife Service (USFWS), Texas Parks & Wildlife Department (TPWD), Houston- Galveston Area Council (HGAC), and other agencies requested by the City and/or TxDOT that may be applicable to the proposed project. A draft of the letters will be provided for approval by the City and/or TxDOT. This task assumes that GCE will provide all supporting graphics for the coordination letters, including but not limited to a scaled map to show potential issues within the project area. 3. Deliverables The following items will be completed by GCE for the project under this scope of work: . Wetlands Survey Technical Report (Appendix to the EA) . Hazardous Material Technical Report (Appendix to the EA) . Traffic Noise and Air Quality Technical Report (Appendix to the EA) . Draft Archeological and Historical Survey Reports (l0 copies of each report) . Final Archeological and Historical Survey Reports (30 copies of each report) . Draft EA including the County, State, and FHW A revisions (40 copies) . Final EA including ENV and agency revisions (12 copies and one electronic copy) TASK 2. PUBLIC INVOLVEMENT 1. Public Involvement This Scope of Services assumes that an EA is the appropriate document, and that public involvement activities will include small group meetings, one public meeting, and one 08/18/06-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 5 of 10 notice affording the opportunity for a public hearing (NAOPH) in support of the proposed project. a. Small Group Meetings Throughout the project, GCE and Bury Partners wiII be responsible for coordinating meetings with smaII groups from within the local community, as needed and/or requested. GCE will provide a senior staff member for each of these meetings to informaIIy discuss the project. AII requests for such meetings will be coordinated with the City and/or TxDOT prior to establishing a meeting date and time. The local organization wilI be responsible for providing the meeting location and contacting their members. If 10 or more requests for a public hearing are received during the NAOPH period, a public hearing will be scheduled. However, if fewer than 10 requests are received during the NAOPH period, then smaII group meetings will be held with the interested persons to address their concerns/comments. For budget purposes, four small group meetings are planned. b. Public Meeting GCE will provide support to Prime Strategies, Inc. in public involvement activities, as needed, including the foIIowing tasks: . Coordinate with Prime Strategies in the development of draft public meeting/hearing notification letters for review and approval by the City and/or TxDOT, then prepare final draft letters for mailing by the City and/or TxDOT; . Draft and prepare questionnaire/comments forms for obtaining public input regarding the proposed project; · Coordinate public notice advertisement development with Prime Strategies, the City, and/or TxDOT, then upon approval by TxDOT, schedule for publication in one major newspaper (i.e., Houston Chronicle) and in one local newspaper (e.g., Pearland Journal), in accordance with the TxDOT Public Meeting/Public Hearing Checklist . Prepare signs for use at the public meetinglhearing to direct traffic to parking areas and the meeting room, and for the stations at the meeting/hearing, such as Welcome/Registration, Proposed Design, Environmental (Constraints Map), Right- of- Way, Questionnaire/Comment Drop-off; · Provide staff for the Welcome/Registration, Environmental (Constraints Map), and Questionnaire/Comment Drop-off stations, and to mingle among the public to answer questions or direct, as needed, to the appropriate City and/or TxDOT official; and · Provide QAlQC review of public involvement summary, to be prepared by Prime Strategies, Inc. The result of the comments received during the public meeting/hearing and from mailings during the comment period wiII also be included in the EA. c. Public Hearing GeE will assist in showing project to people requesting Public Hearing. If 10 or more people request a Hearing, GCE will assist in conducting a Public Hearing. For the purposes of developing the budget, this subtask includes holding a public hearing. In addition, the following activities are included in this task: 08/l8/06-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 6 of 10 . Coordinate with Prime Strategies in the development of draft public meeting/hearing notification letters for review and approval by the City and/or TxDOT, then prepare final draft letters for mailing by the City and/or TxDOT; . Draft and prepare questionnaire/comments forms for obtaining public input regarding the proposed project; . Coordinate public notice advertisement development with Prime Strategies, the City, and/or TxDOT, then upon approval by TxDOT, schedule for publication in one major newspaper (I.e., Houston Chronicle) and in one local newspaper (e.g., Pearland Journal), in accordance with the TxDOT Public Meeting/Public Hearing Checklist . Prepare electronic version of signs to be used at the public meeting/hearing to direct traffic to parking areas and the meeting room, and for the stations at the meeting/hearing, such as Welcome/Registration, Proposed Design, Environmental (Constraints Map), Right-of-Way, Questionnaire/Comment Drop-off; . Provide staff for the Welcome/Registration, Environmental (Constraints Map), and Questionnaire/Comment Drop-off stations, and to mingle among the public to answer questions or direct, as needed, to the appropriate City and/or TxDOT official; and . Provide QAlQC review of public involvement summary, to be prepared by Prime Strategies, Inc. The result of the comments received during the public meeting/hearing and from mailings during the comment period will also be included in the EA. 2. Environmental Constraints Mapping a. Update Constraints Map Bury Partners will develop the baseline constraints map that will include the proposed build alternatives and potential detention pond site(s) overlaid onto an aerial. GCE will then update this baseline map to identify significant environmental issues as the constraints map for public involvement. b. Ground Truth Constraints Map GCE will conduct a field reconnaissance (windshield survey) within areas of readily available access to confirm previously identified constraints. 3. Deliverables The following items will be completed for the project under this scope of work: . Exhibits . Constraints Map ADDITIONAL SERVICES NOT INCLUDED The following services are not included in this Scope of Service, but are available under a supplemental service upon request: . ROW Mapping/Parcel Plats . Beyond Project Limits - Needs to conduct work on items beyond those quantified as budgeted within the above scope of services will be considered additional services. This includes, but is not limited to, study length and width for environmental fieldwork. . Tree Mitigation - Preparation of a tree mitigation plan would be a separate scope of work. 08118106-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 7 of 1 0 . Noise/Air - Traffic noise analysis of alternatives other than the preferred alternative; air analysis of alternatives other than the preferred alternative; air quality sampling. . Hazardous Materials - Phase II Environmental Site Assessment (ESA) in accordance with ASTM standards for additional ROW not identified within other tasks; subsurface investigations, including soil and groundwater sampling. . Archaeological/Historical - Intensive Phase I pedestrian archeological survey and/or historical survey of alternatives other than the preferred alternative, as detailed under other tasks; historical structure eligibility determinations; laboratory analysis, artifact curation, Phase II testing and/or Phase III data recovery efforts; formal coordination under Section 106 of the National Historic Preservation Act or under the relevant section of the Texas Antiquities Code not identified within other tasks. . Other Technical Studies, Research, or Coordination-Issues raised in small group meeting or public meetings beyond the scope of work detailed in the Tasks. . Design Public Hearings. . Traffic counts collected in the field along existing roadways. . Topographic survey work, ground control or aerial photogrammetry. . Wetland mitigation site selection, studies, and design. . Preparation, submittal, and coordination of Section 404/401 permit. FEE SCHEDULE The lump sum fee for providing the services detailed in this Scope of Services is $95,953 based on the estimated level of effort indicated in the following tables. 08//8/06-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 8 of /0 Table 1. Task 1 Fees - Environmental Documentation and A enc Coordination Sr. Env Scientist Biolo ist Env, Tech Clerical $76.68 Totals ; I ~i~!~~6i!iB~~~em1~I~~~~i~-~allg~.-..-!-- _.._.~_.. '-r--'~"""- ~ --.t. ... .+-+ .~.~j~~/AIl~!Y~J.~..__.___.. .... ..... _.;._. ._..~____1.__.....4....__.-L__.~__._.L. -...--..--.L... ... ....._.1-..... Hyd~ological El,ements : Ii! I i _~e~.~~!6.I]~!Y-~I~__.___.._..._........_...L___?_._-l__..._._.____L..___.4 "'_" .L.........___._....J............___..L.. Socioeconomic and Env Justice i I' , i ! ' , J' .;~:;;~p~~~~-;,;;,~~;_=t=i=:t=.;i:. -._L=-~-t~~_t--_..... . Hazardous Material Impacts I ! Iii Assessment ! 8' : 8 I ! Wetlancf'5'eli,,'eaii'o'n'.h&'-'lmpact"" .. "t" .....,.-.-."" .u._._m "'.h..--1....~-'-,.~ .,,- -,,,--, M u_ "--, ,-.-,., '^ .,- ,--- H_.' T'..... Assessment 16 I 32 32 i 24 . .. .....1....._ 1 L. . Bioiogicai'Survey&T&E""" ,..............,...... .....~- I . ..'" : Assessment I 4 i 8 i 8 i I _.___-,~.__,__._~_'._......._h~N_______.N_'_..._'.-_~__4~_-~'__.-~._,~_'''_''','-''-'''!''''_,_y.._"_'''oq.."'.._~''_,_,,.._....;_---.v-.-1'.----~~^__,w"_'---1_"'''c''~''''_'_w,__'w'",~"""u"?-",,, ,,~~,-,-~-"""''-<<--'- Tech Report, Data Form & Field! i ! I I ! -~~~~W~~~i~~u-ral and ----. ...-~l'---~'~~-+----~~-"-"'i'--'-"!??_-""--""!-'---..?4-----,!.--,.......~--......-r' ... ..-."---'"' -s~~~:~!~""a~_~~-=t~=t==l=_'"-~~t=~~~=-t=~==t- Section 4(f) evaluationlTech Report : 1 ' I i Prep 1 36 i ! 8 .61!;;~~~~;;~~n.~I~;i;...--... ...:J-.,~.;;~.....:..r.':.-..:.~...,.. :............~.. .r.. 8 -- I I)gg!:lrl1~n.t.!:>!~p~r.~!ie!1... . 40 j 16 16 8 l 8 .__,______. T~~;~~~;~.: r--' ?~~.... ... .~_ ~?~~~_..~..~~__~~.1?!3,~_J~ 1 ~~~~~.!.. _. ~~..___.._.._.._._ Estimated Labor Cost:*! $25,724.22 i $11,880.00 i $13,649.04! $4,768.62 i $1,338.40 i $57,360.28 '''_w."..~~"''..'..w,...'"..".,_......_~_.,...,,....'.''.''__M_.''~_..."h.."_.'~"~^,,,~ ...v._,__~... '_~_n~_~.....'._...~...,l.~...'^_.~.__..._'_'"___._~'~...j~,._-...--~.-"_.._----t,... ..". .~H_..."........"'__._~.,._~......~~.._' . .- . .. ""~N' .... .. --...'v..----..1-.---.~_...-."'.."'_.,,~ _'''''''''_W'''_.''''_ Direct Costs Unit Cost 'Units I i ...Hi.S.t()!i~!6.rg~...~!:l.~~~I]~.uj;;~;~.==:".:~ii~?Q~QQ_.~.._....!i~i~_...J..._.~--"'" ';"~""~.-: ."~~.~"'i~"'''"''''---'''. '=.i1~,~?Q~~q:... ..t1j.slC>!I~.r:.().e.~J]~~.. ~~!>con~..~J~nt .....~....!~.L~9.0J~"0__L _'" ~TJ: .. ---i. _.___..L ._.J. __ __ ...... ; .. _ .... _ . :""_$3 cDo.o.:..Q.Q _~e.g,':!!~t~ry & hi~~Ori~~!1.2~...~~~~L~.L,_~19~~i-~L_~-_.. ,L.__.._ L _. ... ....___.~..._ . _'" _~___ __~4~.g.OO.. i ' ; .~g~.~~~c~~aba~5J_l3..e!X>r~~..._.._._ '-'Ii ....._!?.~.OO _.~__~.J...."__;'___.." __-1..____ _ . ._._ _..__..~~O.Q:QQ.. , . .. Field ~.~.EPI!~"~._...._-_.._.--._-J..._.. $5..Q:9.9_.+~~ 25/acre i. ~,...--.L--..--.- -_lr......._....__..._..'",.._--~?QQ.QQ- j I 1 i ..QourierLQY~~lg.~.L.... ..._."__.___,,_L._..~~;QQ.__1_____..~~._._.L__1___._L..____..........L..... '$100.00 Total Estimated Task Cost: $75,090.28 '~~-~~~~:;~'h~'-'-'''''''-''''''''''''''---~''- :i~~~~'-'1-'''''''''::'''-': --..+--.-........--........-.4--.......---. :-. ~~~~~6~' . ...................... .............. ...... .9....... ...... .... .. .........,...1.........__...................._.. .....................,... ......~............. ...._..__......_l.................... ............. .............. ....................... ..... Total Estimated Task Cost: $4,921.78 08118106-GCE SOW.. Environmental Services, Cullen Parkway, Brazoria County, TX Page 9 of 10 Table 2. Task 2 Fees - Public Involvement and Environmental Constraints Ma ! Sr. Env ' Principal I Scientist! Sr. I ",?!~r:!r)!~L._,.~ Env. Tech ; i in I ! Engineer j'''''''''-'''''''''''''''''''''' ,',' Labor Rate: i $131.06 Clerical '-1'-' ,,,~~,,,'''''''~'-'''''''''-'''' [ Totals ."M.~~t!r:)9.'=E~~r~Lq~J"C!!yitie.~_,..__}...__.__",_.._."J_" ,,_ ~_."_..-.l.",,_.,, "...' ,l..-... ---..,...,j ,'.- ,..".", :~;:;~=!1~:~-'~4L:~1:::=~~=_:J=::1:=i:-- ... T ~i. i Public Hearing " . .,." .' "I 4 I, 4, i '.' . ! ." ..' l" ' , , ,i '" ..,.. ,...,' .:~~:~;:\~~i~r$2;]=;:~:." i=._~::J:~~~oo-]~T~;o= '.' D.i r~~!c~~h.~~::,,:~~:~":':::::.:'.:::::".1 =:u~i~C~t::l':...:'~.~::::::J:::::~~I~,r":::::'~,.':,:::-1-..:,:.'''',:1,.,.". " ,"'" ",' Exhibits $75,00 i ea i 10 I i I $750.00 Sl n~ . ,,' '" '" r"'$'75.00 ',,' 'T' ." "";-"""r'-"1'0' ,."," t""',...'..'..'..T..... 'T """""$750.66' =,.~~~:~~::;:---r $200~___: 3 -=+==f =F-~~o .(1j9,Ll,.g~Eonl~~r!,~~.:!~U~!L_~,.~ 1 ,500;Q..,q,_y--- ea.._.."._.,;_._,~.__._.J_..__..._._...__...j..___..._......_,~___~~~900;Q~L ..g~ELB~E~,~___._. !"j200.00 _+__,~_____,! 5''.....,.-l......------+.,..-.--+...... ,l1.,000:QQ, ,.g.2Y!Le!.L.9.Y.€?.':.ni9h!.___......______L__.$25.0P-,......J...__,.~~_J.__,_~,,_.__...l.---._--.J,,-._-,..; $100.00 j Total Estimated Task Cost: I $15,941.20 Total GCE Estimated Cost for Environmental Services: $95,953.26 1:\70136\ContractlSub Consultants Agreementslsub GC revised env svcs 082806.doc 08118106-GCE SOW - Environmental Services, Cullen Parkway, Brazoria County, TX Page 10 of 10 Geotechnical Services Scope of Services Cullen Parkway Tolunay-Wong Engineers, Inc. Tol u uay- Wong ~ Engineers,lne. August 15, 2006 TWEI Proposal No: P06-G358.Rev.1 Mr. David A. Hamilton, P.E. Bury +- Partners 100 1 West Loop South, Suite 200 . Houston, Texas 77027 REVISED PROPOSAL FOR GEOTECHNICAL SERVICES Cill.-LEN PARKWAY FROM F.M. 518 TO BELTWAY 8 PEARLAND, TEXAS Dear Mr. Hamilton: Tolunay-Wong Engineers, me. (TWEI) is pleased to submit our revised proposal for geotechnical field and engineering services for the Cullen Parkway Project in Pearland, Texas. Project details were provided in the drawings furnished by you during our meeting on August 11, 2006. The proposed alignment will start at PM 518 and end at Beltway 8. The alignment is about 3.0 miles long and will cross over Hickory Slough and Clear Creek. The stream crossings will be bridges. The project will also include construction of 5-acre and 10-acre detention ponds. Scope of Services Our scope of services will include field exploration, laboratory testing and engineering analysis for the proposed project. Field Exploration. We propose to drill twenty-seven borings ranging in depths from 15- ft to 75-ft to evaluate the subsurface condition. A total of 765 vertical feet will be drilled. The boring program is outlined in the table below. j'\J;:;{;~;' 4@75' 2@75' 16 @ 15' 5 @ 15' Total 300' 150' 240' 7'5' 765 Clear Creek Bridge Crossing Hickory Slough Bridge Crossing Cullen Parkway Detention Ponds 10710 S. Sam Houston Pkwy W.. Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319 Mr. David A. Hamilton, P.E. TWEI Proposal Number: P06-G358.Rev.I August 15,2006 2 The soil samples 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 upon completion of24-hour water level measurements. The qoring locations will then be staked for surveying. Laboratorv Testiu2:. We will perform soil mechanics laboratory tests to measure physical and engineering properties of selected representative soil samples. The testing will generally include unconfmed compression test (ASTM D 2166), unconsolidated -undrained triaxial test (ASTM D 2850), moisture content (Tex-103-E), liquid limit (Tex-104-E), plastic limit (Tex-105-E), specific gravity of soils (Tex-I08-E), particle size analysis to obtain D50 (Tex- 1IO-E), and one-dimensional consolidation test (ASTM D 2435). Efilzineeriug Report. We will prepare an engineering report that will present out findings and provide you with geotechnical design and construction recommendations for the proposed bridge, paving, stonn sewer, and detention ponds construction, including: . Soil stratigraphy . Groundwater conditions . Sub grade Preparation and stabilization requirements . Fill requirements ~ Paving design in accordance with AASlITO and TXDOT specifications . Storm sewer bedding and backfill requirements . Retention criteria and groundwater control . Bridge foundation design using TxDOT design criteria . Foundation settlement estimates and construction criteria . Slope stability analyses of embanlonents at channel crossings . Detention ponds excavations . Erosion control for detention pond sideslopes Budget Our lump sum cost for the above-described services is $31,650.00 and will not be exceeded without your prior written authorization. The cost for. the geotechnical study assumes that ingress and egress to the site are provided by others. Our budget to perform the above listed services is included in the table included below: Item Rate Extension " Field Exploration Mobilizati onIDemobilization Lump Sum $300.00 Soil Boring Continuous -765 ft total 765 x $ 14.00/ft $10710.00 THD Cone Penetrometer (138) 138 x $5.00 $590.00 Mr. David A. Hamilton, P .E. TWEI Proposal Number: P06-G358.Rev.l August 15, 2006 3 Item Rate Extension .' '. Subtotal $11700.00 Laboratory Testing Lump Sum $7650.00 Subtotal $7650.00 Engineering Principal 8 hours x $150 $1200.00 Project Manager, P.E. 24 hours x $100 $2400.00 Staff Engineer 96 hours x $85 $8160.00 Drafting and Word Processing 12 hours x $45 $540.00 Subtotal $12300.00 TOTAL' $31650.00 Scbedule We can mobilize our crew within three to four days after authorization is given and site utility clearance is complete. We can complete the field work in five days and issue our engineering report within thirty working days after the field work exploration. We can furnish you with verbal preliminary information upon completion of the field work and laboratory testing. Closinl! :Remarks Again, we appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or require further information, please do not hesitate to contact us. Sincerely, Tolunay-Wong Engineers, Inc. ~~~ John D. Brown, P.E. JDB/tb EXHIBIT A TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between TOLUNA Y -WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists ofthese 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 ofthe 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 fOT 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 ofthis 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 ofsampJes 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 reiained 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 ofthe 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 ofthe work ofany 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, ifno 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. IfCLIBNT objects to all or any portion of any invoice, CLrENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (] 4) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion ofthe invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Page 1 of2 Invoices are delinquent ifpayment 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. Paymentthereafterwill 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 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 ofthis 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 ofthe 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 ofthe GEOTECHNICAL ENGINEER's performance ofthe 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 anyone 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 lIablllty or claim for damages, cost of defense, or expenses to be levied against GE.OTECHNICAL ENGINEER to a sum not to exceed 550,000, 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 ofthe 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 oflrnown 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 /lnd 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 CLlENT 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 Jaw, agrees to defend, indemnifY, and save GEOTECHNICAL ENGINEER harmless from any claim, liability, andlor 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. Ifany ofthe provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability ofthe remaining provisions will not be impaired. Limitations ofijability and indemnities will survive termination ofthe AGREEMENT for any cause. Page 2 of2 August 29, 2006 Bury+Partners 100 1 West Loop South Suite 200 Houston, Tx., 77022 Dear Mr. Hamilton The City of Pearl and has contracted with Bury+Partners for Preliminary Engineering Design services for the proposed Cullen Parkway Improvement project. I am including your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number T20003. This project number, as well as purchase order number 062948P, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, " Gf 0 ~ 'C,.8tzoJ-- Robin Pitcock Office Coordinator , ( [ r 3519 LIBERTY DRIVE. PEARLAND, TEXAS 77581-5416.281-652-1600. www.ci.pearland.tx.us a Printed on Recycled Paper Bury+Partners-Houston,Inc. 1001 West Loop South, Suite 200 p Bury+Partners Houston, Texas 77027 (713)212-0011 —Phone ENGINEERING SOLUTIONS (713)212-0010—Fax Letter of Transmittal To: Mickiel G. Hodge Project No.: 70136-001 Company: City of Pearland Date: August 23, 2006 Address: 3519 Liberty Drive CC: Pearland, Texas 77581 Re: Revised Proposal on Cullen Parkway 0 Delivery 0 Overnight 0 Pick-Up 0 Courier 0 Other Quantity Description of Item(s) 1 Original revised proposal for Cullen Parkway —Notes— For your review and execution. Prepared By: David A.Hamilton,P.E. .711 „or- U s1 ri eno G sr, 1s9�` August 30, 2006 GC Engineering, Inc. 4201 West Broadway Pearland, Texas 77581 -Dear Mr. Rodrigo, PE The City of Pearland has contracted with GC Engineering for preliminary design services for the proposed improvement for the Old Alvin Road between Knapp Road and Plum Street.. I am including your copy of the executed contract; if you have not already begun work,please accept this letter as your notice to proceed. When sending any correspondence for this contract,please reference project number T20002. This project number, as well as purchase order number 062946, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, 6?0,11_&;_ Ptilcbci' Rob Pitcock Office Coordinator 3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416 •281-652-1600•www.ci.pearland.tx.us Panted on Recycled Paper • p BU.r ---Partner s ENGINEERING SOLUTIONS August 22, 2006 Proposal No. 06-290A Via Email: mhodge@ci.pearland.tx.us Mr. Mickiel G. Hodge Assistant City Manager City of Pearland 3519 Liberty. Drive Pearland, Texas 77581 Re: Revised Proposal for Professional Services Cullen Parkway Improvements and Widening Project- F.M. 518 to Beltway 8 City of Pearland, Brazoria and Harris Counties, Texas Dear Mr. Hodge: Bury+Partners-Houston, Inc. (BPI) is pleased to present this revised proposal for professional engineering, environmental, and surveying services in connection with the preparation of a Preliminary Engineering Report (PER) for improvements to approximately 2.8 miles of Cullen Parkway from F.M. 518 in Pearland north to Beltway 8 in Harris County. The PER will include schematic layout, drainage analysis, environmental assessment, traffic study, geotechnical investigation, and bridge layouts. Also included in the project scope is the preparation of the Pass- Through Toll Application package and TxDOT negotiations regarding project funding. Cullen Parkway is a major north-south roadway that is currently experiencing severe congestion during peak hours each day. The recent realignment of Old Chocolate Bayou Road south of F.M. 518 has caused an increase in traffic from the Silverlake complex along the project limits to Beltway 8. Additionally, the proposed 3000+ student high school on Cullen Parkway along with known and anticipated land use changes will further stress congestion on the roadway. As a result, Cullen Parkway is in need of upgrading and expanding to accommodate these and future demands so it may provide a higher level of service. The need has been identified and expansion of the roadway from two lane asphalt with open ditch drainage to four lanes divided with underground storm sewer appears to be feasible within the existing right-of-way along the entire length of the project. The estimated construction cost for the improvements is $26,230,000 based on a four lane typical section with 12-foot lane widths and 6- foot sidewalks, but does not include 8-foot shoulders on each side of the roadway as initially thought to be required by TxDOT. The estimate also includes new signals and/or modifications at BURY+PARTNERS-HOU, INC. 1001 West Loop South, Suite 200 Houston,Texas 77027 TEL(713)212-0011 FAX (713) 212-0010 Austin • Dallas• Houston • San Antonio•Temple,Texas Fairfax• Warrenton •Williamsburg,Virginia www.burypartners.com Bury+Partners Mr. Mickiel G. Hodge ENGINEERING SOLUTIONS CityofPearland August 22, 2006 Page 2 major intersections and two new replacement bridges. This estimate is predicated on constructing the proposed improvements within the current 100-foot right-of-way (ROW) without taking any additional ROW. All preliminary design and other project components such as environmental, geotechnical, traffic, and surveying will be done in accordance with the latest TxDOT design criteria to ensure Pass- Through project funding approval. Other applicable standards for the City of Pearland, Brazoria County including Drainage District No. 4, Harris County, including Harris County Flood Control District, will be incorporated into the project as appropriate or required. More specifically, the proposed scope of work for the preliminary engineering phase for the Cullen Parkway project includes the following: SCOPE OF SERVICES: Basic Services Items: 1. Collect, identify and confirm issues along the alignment including: a. Research available data and acquire information b. Research and identify significant issues 2. Develop design criteria based on TxDOT requirements and input from the City of Pearland. 3. Attend Design Concept Conference with TxDOT. 4. Develop the PER and Schematic Layout including: a. Establish horizontal alignment. b. Establish existing profiles utilizing limited topographic survey data. c. Develop typical section alternatives. d. Drawings to show existing lanes, secondary roads and intersection configurations. e. Establish 100-year floodplain elevations and floodway limits at the two channel crossings. f. Develop a cost estimate for comparison of alternative typical sections and configurations. g. Meetings with the City in connection with the alternative configurations. h. Attend the public meeting and public hearing to present the alternative configurations. i. After the public meeting and public hearing: 1. With input from the City and TxDOT, address any issues relating to the alternative configurations and typical sections incorporating all pertinent comments. 2. Meet with the involved parties to discuss the selected preferred configuration. Bury+Partners Mr. Mickiel G. Hodge ENGINEERING SOLUTIONS City of Pearland August 22, 2006 Page 3 3. Develop and refine the typical section for the preferred alternative. 4. Develop vertical and horizontal alignment. 5. Prepare the apparent ROW strip map that identifies the existing ROW based on limited survey data. 6. Identify potential conflicts with major pipeline and utility crossings. 7. Complete the preliminary limited construction sequencing. 8. Delineate major structures and lengths. 9. Earthwork calculations will be based upon the selected typical section. 10. Prepare the construction cost estimate based upon the preferred alternative and selected typical section. j. The following items will be reflected in the PER and schematic layout: plan and profile sheet showing existing and proposed ROW, roadway alignments and profiles, intersecting streets, curb and lane lines, and existing utilities; existing and proposed typical sections including pavement section; preliminary title and index sheets, preliminary drainage area map, discharge relationships and drainage calculations; storm drainage master plan; preliminary culvert layouts; preliminary bridge and bridge classification layouts; preliminary retaining wall layout; sequence of work outline for traffic control; preliminary traffic control typical sections and layouts; preliminary intersection layouts; preliminary utility layouts and identify conflicts and exchange information with existing utilities; and update estimates and prepare preliminary roadway and drainage quantity summary sheets. k. All geometric design shall be in conformance with TxDOT's Design Division Operations and Procedures Manual, AASHTO's Policy on Geometric Design on Highways and Streets, Texas Manual on Uniform Traffic Control Devices, Harris County and Brazoria County standards, and the City of Pearland standards, except where variances are permitted. 1. Prepare and update the project schedule outlining the submittal dates and project completion. m. Coordinate and manage the consultant team activities. n. Meetings with the City, Counties, TxDOT, stakeholders, utility owners, as needed to facilitate coordination and approval of this phase of the project. o. Attend the Joint Review Session with TxDOT and other parties upon completion of the PER and associated project documentation. p. Submit the PER to TxDOT, the City and other parties as appropriate for review and approvals. Bury+Partners Mr. Mickiel G. Hodge ENGINEERING SOLUTIONS City ofPearland August 22, 2006 Page 4 Special Services Items: 1. Develop Pass-Through Toll Application including negotiation with TxDOT in connection with project funding. These services will be performed by Prime Strategies, Inc. under subcontract with Bury+Partners in accordance with the attached scope document dated August 15, 2006. 2. Using the schematic layout for Cullen Parkway from F.M. 518 to Almenda Genoa Road as prepared by TxDOT and assuming the electronic files will be provided, perform the following surveying services: a. Limited surveying for verification of the schematic layout including cross sections of Cullen Parkway and intersecting streets. b. Limited cross sections of Clear Creek and Hickory Slough in support of the Preliminary Hydrology/Hydraulics Study. c. Limited surveying for ROW verification as reflected on the schematic layout. 3. Prepare a Preliminary Hydrology/Hydraulics Study for the project in accordance with TxDOT requirements. These services will be performed by Klotz Associates, Inc. under subcontract with Bury+Partners in accordance with the attached scope document dated August 22, 2006. 4. Prepare Traffic Forecasts and Traffic Analysis for the project in support of the Pass-Through Toll Financing application and the preparation of the PER and schematic layout, as well as the Environmental Assessment in accordance with TxDOT requirements. These services will be performed by GC Engineering, Inc. under subcontract with Bury+Partners in accordance with the attached scope document dated August 22, 2006. 5. Prepare Preliminary Traffic Signal Design for the project in support of the preparation of the PER and schematic layout in accordance with TxDOT requirements. These services will be performed by GC Engineering, Inc. under subcontract with Bury+Partners in accordance with the attached scope document dated August 22, 2006. 6. Prepare Environmental Services for the project in support of the preparation of the PER and schematic layout in accordance with TxDOT requirements. These services will be performed by GC Engineering, Inc. under subcontract with Bury+Partners in accordance with the attached scope document dated August 18, 2006. 7. Prepare Geotechnical Services for the project in support of the preparation of the PER and schematic layout in accordance with TxDOT requirements. These services will be performed by Tolunay-Wong Engineers, Inc. under subcontract with Bury+Partners in accordance with the attached scope document dated August 15, 2006. 8. Perform Public Involvement for the project including four small group meetings, one public meeting and one public hearing in accordance with TxDOT requirements. These services will be performed by Prime Strategies, Inc. and GC Engineering, Inc. under subcontract with Bury+Partners Mr. Mickiel G. Hodge ENGINEERING SOLUTIONS City ofPearland August 22, 2006 Page 5 Bury+Partners in accordance with the attached scope documents dated August 15, 2006 and August 18, 2006 respectively. EXCLUSIONS: The following services are excluded from this proposal and the scope of work: 1. ROW acquisition documents and acquisition services. 2. Complete surveys necessary for design and ROW establishment. 3. Preparation of PS&E documents. 4. Items not specifically listed in the scope of work. CITY PROVIDED DOCUMENTS: The City will provide the following documents upon issuance of the notice to proceed: 1. All available record drawings and/or file drawings for Cullen Parkway including roadway and utility plans, as well as all intersecting roadways. 2. All available environmental reports, drainage reports, geotechnical investigations, traffic studies, etc. for the project area including adjacent areas. 3. All available information on planned projects that affect the Cullen Parkway project. 4. All available plans for the existing adjacent land usages including but not limited to commercial development, cemeteries, subdivisions, drainage channels, etc. 5. Any abstracting services required for the project. 6. Information in connection with City owned property that could be used for detention\mitigation sites. 7. Pavement design by TxDOT. 8. Electronic files of TxDOT produced schematic layout. Bury+Partners Mr. Mickiel G. Hodge ENGINEERING SOLUTIONS City ofPearland August 22, 2006 Page 6 COMPENSATION: We propose to perform the services for this project for the following fees: Description Fee Type BPI Fee 1. Basic Services- Items 1 thru 4 Lump Sum $ 300,500 2. Special Services a. Pass-Through Toll Application Hourly to Max $ 55,200 b. Surveying Services Lump Sum $ 20,000 c. Preliminary Hydrology/Hydraulics Study Lump Sum $ 155,500 d. Traffic Forecasts/Traffic Analysis Lump Sum $ 22,300 e. Preliminary Traffic Signal Design Lump Sum $ 30,100 f. Environmental Services/Permitting Lump Sum $ 80,000 g. Geotechnical Services Lump Sum $ 31,700 h. Public Involvement Hourly to Max $ 41,700 3. Reimbursable Expenses Included in Item 1 $ TOTAL $ 737,000 Please note that our fees are based on the project being implemented based on the assumptions of this proposal in regards to its scope, without major changes or unforeseen conditions. Fees shown for the hourly basis elements are for budgeting purposes with a maximum amount shown. In the event that the scope of work requires additional hours to be spent above the budgeted amount, we will discuss this with the City prior to exceeding the budget amount stated above.. REIMBURSABLE EXPENSES: Reimbursable expenses include reproduction, mileage, and deliveries and will be included in the Basic Services fee. SCHEDULE: The PER and associated scope of work will be completed within 210 calendar days of our authorization to proceed. A detailed schedule with project tasks identified will be submitted within seven (7) calendar days of authorization. Bury+Partners Mr. Mickiel G. Hodge ENGINEERING SOLUTIONS City ofPearland August 22, 2006 Page 7 We appreciate the opportunity to present this proposal, and look forward to working with you on this major assignment. We have reviewed your Standard Agreement for Engineering Services and do not take exception to any terms indicated. The team is ready to begin this project immediately. If you have any questions regarding this proposal, please call. Since fly, B ' PARTNERS-HOUSTON, INC. hlor fie ' /Hamilton, P.E. Managing Principal and Team Project Manager cc: Bob D.Boozer,P.E.—BPI-Houston I:\70136\Contract\Proposal Agreement\Proposal 082206.doc Construction Cost Estimate Cullen Parkway Bury + Partners, Inc. P j) Bury+Partners ENGINEERING SOLUTIONS SUMMARY OF CONCEPTUAL CONSTRUCTION COST ESTIMATE -FOR CULLEN PARKWAY PEARLAND,TEXAS. (TXDOT 100'ROW CROSS SECTION-WITHOUT 8'SHOULDER) DATE: 8/18/2006 Engineer's Estimate Unit Item: Quantity -Unit Cost Total Drainage and Paving Improvements: 1 Mobilization 1.0 LS. $1,750,000.00 $1,750,000 2 Prep ROW 19.7 AC. $14,500.00 $285,650 3 11"concrete pavement(continously reinforce) 82,368 S.Y. $42.00 $3,459,456 4 1"Asphalt stablized base 3,400 TON $50 $170,000 5 6°Cement treatment base(plant mix) 91,520 S.Y. $6 $549,120 6 6"Lime treatment subgrade 91,520 S.Y. $30 $2,745,600 7 6°Hydrated Lime stabilized subgrade 3,100 TON $108 $334,800 8 Excavation 43,050 C.Y. $5.00 $215;250 9 6-inch concrete curb 50,000 L.F. $5.00 $250,000 10 Standard Traffic Signs,Stop Sign,street name,and Pole 2.6 MI. $24,000 $62,880 11 6'sidewalk&10'shared use path 18,467 S.Y. $40 $738,680 12 Driveway 2,350 S.Y. $45 $105,750 13 Tie to existing concrete pavement 9 LS. $1,200 $10,800 14 Computerized Traffic Management System 5 EA. $160,000.00 $800,000 15 Pavement Markings(stripping) 2.6 MI. $30,000.00 $78,000 16 Barricades,signs,and traffic handling(estimate) 24 MO. $40,000.00 $960,000 17 Handicap Ramp 98 EA. $1,300.00 $127,400 18 Stormwater Pollution Prevention Plan(SW3P) 2.6 .. MI. $60,000.00 $156,000 . 19 Traffic Control Plan(estimate) 24 MO. $15,000.00 $360,000 20 Temporary pavement 13,730 L.F. $60 $823,800 21 Landscaping 1 LS. $200,000.00 $200,000 22 Detention pond 17 AC-FT. $40,000.00 $680,000 23 Detention pond appurtenances 1 LS. $300,000.00 $300,000 24 Lighting-conventional 2.6 MI. $120,000.00 $312,000 25 Storm drainage system 3.3 MI $1,300,000 $4,290,000 26 Bridges(structures with rail) 2 EA. $1,250,000 $2,500,000 BURY+PARTNERS-HOU, INC. 1001 West Loop South, Suite 200 Houston,Texas 77027 TEL (713) 212-001 1 FAX(713) 212-0010 Austin • Dallas • Houston • San Antonio •Temple,Texas Fairfax• Warrenton •Williamsburg,Virginia www.burypartners.com Bury+Partners ENGINEERING SOLUTIONS SUMMARY OF CONCEPTUAL CONSTRUCTION COST ESTIMATE FOR CULLEN PARKWAY PEARLAND,TEXAS. (TXDOT 100'ROW CROSS SECTION-WITHOUT 8'SHOULDER) DATE: 8/18/2006 Engineer's Estimate Unit Item: Quantity Unit Cost Total Demolition: 27 Clearing and Grubbing 19.7 AC. $1,500.00 $29,550 28 Remove existing asphalt pavement&base 62,343 S.Y. $3.75 $233,786 29 Driveway removal 7,046 S.Y. $23 - $160,649 30 Remove&relocated signs and mailboxes 1.0 LS. $15,000 $15,000 31 Remove existing bridge structures 1,100 S.Y. $55 $60,500 32 Remove structures(box culvert) 720 L.F. $25 $18,000 33 Remove structures(pipe culvert) 2,160 L.F. $12 $25,920 Total Construction= $22,808,591 Contigencles(15%)= $3,421,289 Total Cost Estimate= $26,229,880 Hourly Rate Schedule For Bury + Partners, Inc. Cullen Parkway BURY+PARTNERS-HOUSTON, INC. STANDARD LABOR SCHEDULE EFFECTIVE JANUARY 7, 2006 THE FOLLOWING RATES ARE FOR WORK PERFORMED ON AN HOURLY CHARGE BASIS. RATES INCLUDE COMPANY OVERHEAD AND PROFIT FOR SERVICES ACCOMPLISHED DURING REGULAR WORKING HOURS. THESE RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE. DIRECT LABOR OFFICE PERSONNEL SERVICES Classification Rate Principal $ 180.00 per hour Associate $ 165.00 per hour Senior Project Manager $ 155.00 per hour Project Manager $ 145.00 per hour Project Director $ 130.00 per hour Project Engineer VII $ 130.00 per hour Project Engineer VI $ 125.00 per hour Project Engineer V $ 120.00 per hour Engineer Associate V $ 115.00 per hour Engineer Associate IV $ 112.50 per hour Engineer Associate III $ 110.00 per hour Engineer Associate II $ 105.00 per hour Engineer Associate I $ 100.00 per hour Land Planner $ 95.00 per hour Senior Engineering Technician III $ 115.00 per hour Senior Engineering Technician II $ 112.50 per hour Senior Engineering Technician I $ 107.50 per hour Engineering Technician III $ 100.00 per hour Engineering Technician II $ 95.00 per hour Engineering Technician I $ 90.00 per hour Engineering Assistant II $ 67.50 per hour Engineering Assistant I $ 65.00 per hour CAD Designer III $ 100.00 per hour CAD Designer II $ 95.00 per hour CAD Designer I $ 90.00 per hour CAD Operator III $ 85.00 per hour CAD Operator II $ 80.00 per hour CAD Operator I $ 75.00 per hour Registered Professional Land Surveyor III $ 135.00 per hour Registered Professional Land Surveyor II $ 120.00 per hour Registered Professional Land Surveyor I $ 110.00 per hour Senior Survey Technician $ 100.00 per hour Survey Technician III $ 95.00 per hour Survey Technician II $ 90.00 per hour Survey Technician I $ 85.00 per hour Administrative Assistant III $ 70.00 per hour Administrative Assistant II $ 67.50 per hour Administrative Assistant I $ 65.00 per hour Secretary III $ 60.00 per hour Secretary II $ 55.00 per hour Secretary I $ 52.50 per hour Construction Observer $ 90.00 per hour Expert Witness $ 325.00 per hour FIELD PARTY SERVICES 2-Man Field Party $ 130.00 per hour 3-Man Field Party $ 155.00 per hour 4-Man Field Party $ 180.00 per hour 1 DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles $ 0.75 per mile By Firm's Survey Trucks $ 0.75 per mile Subsistence for Out-of-City Work(Survey Field Crew) Prevailing IRS approved rates for survey locale Survey Stakes, Lathes, Iron Rods and other Direct Expenses Our cost plus 10% In-House Reproduction&Printing by Firm Prevailing commercial rates Outside Reproductions, Couriers and other Direct Expenses Our cost plus 10% NOTES: 1. Field Party rates include a charge for normal equipment, normal supplies and survey vehicles. Abnormal use of stakes, lathes, etc. used(such as during the construction phase of a project)will be charged as indicated. A mileage charge will be billed for projects exceeding a 50 mile radius of the base office. 2. A minimum of two (2) hours Field Party time charge will be made for show up time and return to office, resulting from inclement weather conditions, etc. 3. Field Party stand-by time will be charged for at the appropriate rates shown above. 2 Pass-Through Toll Application Scope of Services Cullen Parkway Prime Strategies, Inc . Prime Strategies, Inc. City of Pearland Pass-Through Toll—NEPA Process Scope of Services August 15, 2006 1. Develop Pass-Through Toll Application a. Develop the Pass-Through Toll Application to be submitted to the TxDOT Houston District which includes the items below: i. Physical limits, description of roadway and interchange improvements, estimated project cost, benefits of project, and status of project development process and public support. This information will support development of the Project Description and Scope of Work attachment to the Pass-Through Toll Agreement. Above-noted base information will be provided by City and Engineer. ii. Project budget including construction cost, project development • and engineering cost, right of way cost, agency funding participation, financing alternatives (TIF, etc.) and proposed pass- through payment schedule. This information will support development of the Budget attachment to the Pass-Through Toll Agreement. Above-noted base information will be provided by City and Engineer. iii. Identify the project delivery method alternatives such as Comprehensive Development Agreements (CDA) or Design-Bid- Build. Identify the project schedule and project task roles and responsibilities between the project developer (the City) and TxDOT during the complete implementation of the project. Depending on the current stage of project development, typical tasks include Schematics, Environmental Documents, Right of Way Documents and Acquisition Services, Utility Relocation Coordination, design review schedule and responsibilities, and construction engineering and inspection responsibilities. This information will support development of the Project Implementation attachment to the Pass-Through Toll Agreement. b. Attend and facilitate approximately five (5) meetings and work sessions with TxDOT Houston District, Headquarters and Commission, the City, and other involved agencies to present project information and status for project consensus building regarding the Pass-Through Toll Agreement. 2. Submit and Negotiate Pass-Through Toll Agreement a. Develop the Pass-Through Toll Agreement contract form which defines and binds the general obligations of the project developer and TxDOT. This contract form will be supplemented by various attachments as defined above. Page 1 of 3 b. Submit the Pass-Through Toll Agreement to the TxDOT for final review and comment. Incorporate comments and submit Final Pass-Through Toll Agreement for Commission acceptance. c. Assist the City with TxDOT negotiations regarding pass-through agreement amount and payback schedule. Develop the pass-through agreement amount based on estimated project cost and bonding alternatives and develop a pay back schedule based on project traffic projections and bonding rates. 3. Public Involvement- National Environmental Policy Act (NEPA) Process a. Contact Database — PSI will develop and maintain a list of contacts, including stakeholders, interested citizens, public officials, local government staff representatives, civic leaders, state and federal agency staff representatives, and other interested parties, based on input provided by the City and the Engineer. The database will serve as the mailing list for the Project. b. Public Meeting — PSI, in consultation with the consultant team, will organize and provide support for the conduct of one (1) Public Meeting, which will be part of the official environmental process. PSI will arrange for the Meeting location and coordinate logistics. PSI will arrange for a court reporter and an English/Spanish interpreter to be present at the Public Meeting. The English/Spanish interpreter will provide interpretation services during the presentation and public comment period and be available to interpret during the open house period. PSI will prepare the public notice in both English and Spanish and will arrange for publication in area newspapers (The City will be responsible for Meeting notification via the contact database and city website.) PSI will provide assistance to the consultant team for the preparation of exhibits and materials. PSI will attend the Meeting, summarize the Meeting and comments received at the Public Meeting and during the designated public comment period, and coordinate responses to the comments received with the consultant team, as part of the Public Meeting summary. PSI will provide a certified transcription of the Public Meeting to the City as part of the Public Meeting summary. c. Public Hearing - PSI, in consultation with the consultant team, will organize and provide support for the conduct of one (1) Public Hearing, which will be part of the official environmental process. PSI will arrange for the Hearing location and coordinate logistics. PSI will arrange for a court reporter and an English/Spanish interpreter to be present at the Public Hearing. The English/Spanish .interpreter will provide interpretation services during the presentation and public comment period and be available to interpret during the open house period. PSI will prepare the public notice in both English and Spanish and will arrange for publication in area newspapers, (the City will be responsible for Hearing notification via the contact database and city website.) PSI will provide assistance to the consultant team for the preparation of exhibits and materials. PSI will attend the Hearing, summarize the Hearing and Page 2 of 3 comments received at the Public Hearing and during the designated public comment period, and coordinate responses to the comments received with the consultant team, as part of the Public Hearing summary. PSI will provide a certified transcription of the Public Hearing to the City as part of the Public Hearing summary. 4. NEPA Document Review a. PSI will review, as requested by the City and/or the Engineer, the Draft Environmental Assessment (EA). PSI will provide comments, as appropriate, to the consultant team. b. PSI will review agency comments during the review phase of the draft EA, as requested by the City and/or the Engineer, and provide comments, as appropriate, to the City and/or the Engineer. c. PSI will review, as requested by the City and/or the Engineer, responses developed by the consultant team as part of any supplemental work task identified as necessary during the development of the Final EA. d. PSI will review, as requested by the City and/or .the Engineer, the EA during development prior to agency submittal; review agency comments; and,provide comments, as appropriate, to the City and/or the Engineer. 5. Project Management a. Attend team meetings with Engineer, team members, and City of Pearland representatives, as directed by Engineer to evaluate the program status, determine necessary adjustments to the project work plan and schedule, plan upcoming events and discuss and resolve key project issues. b. Monthly Invoices for work completed during the period will be submitted monthly. c. The work on this Project performed by Prime Strategies, Inc. (PSI) may be inspected by the Engineer at any time in the offices of Prime Strategies, Inc. at 1508 S. Lamar Blvd.,Austin, Texas 78704. d. PSI will manage all activities associated with the work tasks described herein. PSI will secure the resources necessary to produce the Project deliverables and meet the Project schedule. PSI has designated Michael J. Weaver as the PSI Project Director who will be responsible throughout the Project for project management, communications, and coordination with the City and the consultant team. 6. Deliverables a. Sixteen(16) hardcopies of the Pass-Through Toll Application. b. Two (2) hardcopies of Public Meeting Summary. c. Two (2) hardcopies of Public Hearing Summary. 7. Additional Services a. To be determined upon completion of negotiation of pass-through toll agreement and/or and preparation of NEPA document. Page 3 of 3 Prime Strategies,Inc.Fee Proposal City of Pearland Pass-Through Tolling Agreement!NEPA Process 15-Aug-06 Principal Sr.Engineer Senior Technician Administrative Total Planner $230 $200 $140 $100 $80 1 Dev`eloppDraft'Pass Through Toll Applicatlorlt . .� 64 ,`°; ,r : € A `pia°' �2Q s r? ` 140; s ..,a._o-.�,s k�.„�;Yt a5�..�.,,e�;�„ �..+,.�rrkx ., .�'��.,xi.€„ e �F�� , c iS.,:...,,a;Za,_�A,.K, 2 ,Submit and,NegotiatetPass Thropgh.`Coll Agreetneiit^:'..aQ ��$fl g 4 ., O � ,tiF y��.24 '�� rar f` °0,. _ x �� 33 Puublic Invvolvetn�entPj A,Process ',,:.>: , .o_.{..Y,E ... .x: , Y30,>� 6;: .:._< _..30,'wU._..�.: "IO,Q c5 >Na;422 4 NPPA 1 o(itlrrier t.RevieY1J',�{5 S r. �',�, f J +x , l, 29v ro z`t.m. i _ t 6 1s j 04 g e S Pra ec .Man @ ent 16 onthprojecttduration).`_,` "r ?atit"at�5rP1"..«,e ,. .:ia 0 H� sg t�+aL x 5 x + r . �§ _�__, ..,.��...� ...(�t.._�rrt-,..��. �.., ..,.,, �" �d�� '� .'s;�.k,'v,.e�'x, ..,,u�_�' E.. .,ar _..x�..�.r�.c. Total Hours 214 0 164 22 32 432 Direct Labor $49,220.00 _ $0.00 $22,960.00 $2,200.00 $2,560.00 $76,940.00 Labor(Including Overhead and Profit) $76,940.00 Expenses $3,164.00 TOTAL FEE $80,104.00 Expenses Note Units Unit Total Cost Prime Strategies,Inc. Mileage 200 $0.445 $89.00 Airfare(Austin) $0.00 4 trips @$250.00 each $1,000.00 4 rental cars @$55.00 each $440.00 4 Parking @$15.00 each $60.00 Hotel(4 rooms @$125 each) $500.00 Printing $750.00 Fax $100.00 Standard postage $50.00 Express delivery service(10 @$15 each) $150.00 Telephone $25.00 Court Reporter (paid by other) $0.00 Exhibits $0.00 Total Expenses $3,164.00 Preliminary Hydrology/Hydraulic Study Scope of Services Cullen Parkway Klotz Associates, Inc. HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLEN PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway(Beltway 8) Klotz Associates,Inc. Drainage Report • Klotz Associates (The ENGINEER) will prepare a preliminary drainage report to define the drainage infrastructure required for Cullen Parkway. This analysis will include the preliminary analysis for cross drainage structures, preliminary requirements for storm sewers, an impact analysis, a mitigation analysis, recommended compensatory storage for floodplain fill, recommended minimum pavement elevations based on cross drainage flood elevations, and any additional right-of-way requirements for drainage elements. The analysis will be in accordance with the TxDOT Hydraulic Design Manual. The City of Pearland, Drainage District # 4 (DD4) and Harris County Flood District (HFCD) criteria will be used where it provides detailed local criteria and specifies the required analysis methodology, unless the CITY directs that only TxDOT and/or DD4 and/or HFCD criteria be used. If City criteria are in conflict with TxDOT criteria and/or DD4 criteria and/or HFCD criteria, City criteria will be used, unless the CITY specifies that TxDOT and/or DD4 and/or HFCD criteria are to be used. If TxDOT and/or DD4 and/or HFCD criteria requires analysis beyond that required by City criteria for the same design purpose, only the City criteria shall be followed, unless the CITY specifies that TxDOT and/or DD4 and/or HFCD criteria is also to be used. Exhibits and analysis will be prepared in the GIS environment to the extent practical. a. Management, Meetings and Coordination Activities include general project management for drainage design, coordination with City, coordination with roadway design activities, and status review and reporting. The ENGINEER will attend up to three meetings with the client to discuss the drainage analysis and recommendations. These meetings will also be used to define which agency's drainage criteria shall govern drainage design, and to identify mitigation requirements. The ENGINEER will also attend one coordination meetings with DD4 and one coordination meetings with HCFCD if the City desires such attendance or the ENGINEER deems them important to successful project execution. b. Site Inspection and Survey Coordination 1 of 6 Cullen Parkway 8/22/2006 HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLEN PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates,Inc. The ENGINEER shall inspect the site and develop site-based information pertinent to drainage design for the project, including: • Conduct a site inspection of the project and nearby adjacent areas and identify unusual drainage conditions. • Provide a photographic documentation of drainage conditions as part of the site inspection. • Provide specifications to the surveyor for collection of appropriate information for use in the drainage analysis. • Receive and review data from the surveyor as it relates to drainage design c. Data Collection The ENGINEER will be responsible for performing record research and obtaining existing information, including construction plans. • Collect data on drainage facilities and issues which may impact drainage design. • Obtain construction plans within the project limits for abutting TxDOT, county, and City Roads. Obtain drainage studies, reports and mapping for the project area, including reports for developments affecting the drainage area. • Obtain recent and reasonably available floodplain data, models, and analyses pertinent to current floodplain conditions. We plan to use the available TSARP data and associated draft flood plain maps for Clear Creek and the results of the 2004 preliminary flood study for Pearland Hickory Slough. The ENGINEER will confer with the City as to the most appropriate way for incorporate such updating into the drainage evaluation for this project. • Conduct additional surveys as is deemed necessary for the successful completion of this task. This will be deemed additional services and will be performed after agreement and a mutually agreed-upon fee. It will also be vital to adequately tie the surveying to the TxDOT, TSARP, Pearland and other datums to adequately make any needed datum adjustments. The ENGINEER will closely coordinate with the surveyor to pick up and tie down as many bench marks and TBM's and associated datums as possible within the general area of the project. 2 of 6 Cullen Parkway 8/22/2006 HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLEN PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates,Inc. d. Cross Drainage Analysis Analyze drainage courses crossing the proposed roadway to establish water surface elevations and to size the proposed bridges and cross drainage structures. Work will include: • Identify cross drainage systems. Determine if drainage is via a defined water course or by sheet flow. • Prepare a sheet flow evaluation suitable for sizing cross drainage facilities. • Establish drainage areas for each cross drainage system. • Develop peak flow rates for the 2 or 5 (depending upon City criteria), 10, 25, and 100-year storm events. TxDOT criteria as defined in the latest TxDOT Hydraulic Design Manual shall be used to determine the method to use for peak flow rate computation, unless the City specifies other methods (such as use of the Brazoria County Master Drainage Plan hydrologic model).. • Where sufficient topographic data are in the judgment of the ENGINEER, available, create limited or use previously developed HEC-RAS or HEC-2 hydraulic models, at the discretion of the ENGINEER, to evaluate the two major cross-drainage structures. The same storm frequencies will be used with these models that are described above to develop peak flow rates for cross drainage structures. • Estimate the size of any cross drainage structures. HEC- RAS will be used to size cross drainage structures where such models are available. No detailed calculations will be made for the cross drainage. Actual sizing and details of cross drainage will be done in final design. • Creek Clear cross drainage shall be via bridge flow and is considered a special situation. The ENGINEER shall provide cross drainage design for Clear Creek, with necessary evaluation being made to determine and achieve necessary low chord bridge clearance. The selected HEC- RAS model (Task c above) will be used to define water level conditions. Floodway determination and 500-year floodplain, if done, would be at the request of the City and be done as an Additional Service. Bridge design impacts for the 100-year flood will be determined. Mitigation of impact will be designed, based upon criteria identified in 3 of 6 Cullen Parkway 8/22/2006 HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLE N PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates,Inc. consultation with the City and other parties (i.e., DD4 and HCFCD). A demonstration of impact mitigation will be provided. The impact evaluation and mitigation process for. the Clear Creek crossing will conform to standard FEMA evaluation processes, assuming the selected hydraulic model (Task c) is considered to be the "revised base" model as defined by FEMA procedures • In case of Hickory Bayou, the ENGINEER is aware that drainage conditions may require the use of HEC-RAS for drainage evaluation. The 2004 preliminary flood study for Pearland Hickory Slough will be used to the fullest extent possible. If in the judgment of the ENGINEER, a different HEC-RAS model is critical to effective cross drainage design at Hickory Slough, a local HEC-RAS model will be developed using available field data based upon ROW survey and closely adjacent topography. . • Based on the cross drainage systems water surface elevations,recommend minimum pavement elevations. • Identify potential needs for requests for a LOMR or a CLOMR. The preparation of LOMR or a CLOMR is NOT part of basic services. If CLOMR or LOMR application preparation were requested by the City, such preparation would be undertaken as an additional service. e. Right-of-Way Drainage (Storm Sewer System) Prepare a preliminary sizing of the right-of-way drainage system for the right-of-way and development strip. Work will consist of the following: • Prepare a conceptual trunk storm sewer layout • The trunk storm sewers will be sized in accordance with TxDOT and City of Pearland criteria. The design frequency shall be either a 2, 5 or 10 year frequency (one only being selected, in accord with the controlling criteria), with a check on the 100-year flow condition. Details, connections, special details and calculations will be done in the final design and are not part of this scope. • Any special sizing such as large diameter plastic pipe and other material is NOT currently included in the Fee Schedule. This fee can be taken from the contingency fee as necessary. 4 of 6 Cullen Parkway 8/22/2006 HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLEN PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway(Beltway 8) Klotz Associates,Inc. f. Impact and Mitigation Analysis Prepare an impact analysis to determine the increase in peak flow rates for the 100-year storm. No other frequencies will be analyzed. Only the proposed road right-of-way will be used for the analysis. Whether or not a development strip will be included in the impact analysis will be specified in initial discussions with the City of Pearland in view of the fact that private development will have to mitigate their impact(possibly with on-site detention). • Determine existing conditions-100-year peak flow rates. • Determine proposed conditions 100-year peak flow rates. • Prepare a mitigation analysis using the Small Watershed Method or other appropriate method consistent with City drainage criteria to develop detention volumes. • The detention analysis does not include the following items, which are to be provided in the fmal design after the site is selected: Routing of the storm hydrographs through the detention basins to verify volume requirements and attenuation of peak flow rate. Design of control structures. g. Right-of-Way It is assumed that the City has two sites available for detention basins for mitigation volumes. The adequacy of these sites will be judged by the Engineer. However, actual calculations for pond volumes, access, and details will be done during the final design phase. h. Floodplain Mitigation Using GeoPak or similar computation tools, calculate the volume of fill to be placed in the 100-year floodplain assuming the floodplain is not altered from its current condition and location as defined by latest available TSARP flood plain maps for Clear Creek and preliminary flood plain maps for Hickory Slough as shown in the 2004 City of Pearland floodplain study for Hickory Slough. We anticipate the compensatory storage will be included within the planned two detention facilities. The evaluation of 5 of 6 Cullen Parkway 8/22/2006 HYDROLOGY/HYDRAULIC STUDY SCOPE OF SERVICES CULLEN PARKWAY From: F.M. 518 (West Broadway) To: Sam Houston Parkway (Beltway 8) Klotz Associates,Inc. mitigation needs would be conducted in conjunction with the cross drainage Drainage Report Prepare a report documenting the drainage analysis. Provide 5 draft copies and 5 copies of the final report. The following are excluded in the basic services for this study: Exclusions: • Preparation of requests for a Letter of Map Revision (LOMR). • Preparation of requests for a Conditional Letter of Map Revision(CLOMR). • Routing of storm hydrograph through detention basins. • Design of detention basin control structures. • Use of Winstorm for conceptual-level storm sewer design. • Storm water quality. • Storm water management facilities for construction. j. Plans a. Drainage Area Map - The ENGINEER shall prepare a drainage area map at a scale of 1" = 100 feet or 1" = 200 feet as necessary to fit on standard sheets. b. Layout and Structural Design • Storm Sewer System — The ENGINEER will layout the proposed storm sewer system based on preliminary calculations. • Outfall Channels - The ENGINEER will indicate and size proposed outfall locations and storm sewer outfalls based on preliminary calculations. Actual sizing calculations will be done during PS&E. 6 of 6 Cullen Parkway 8/22/2006 • FEE SCHEDULE CULLEN PARKWAY HYDROLOGY/HYDRAULIC STUDY KLOTZ ASSOCIATES,INC -0' v TASKDE5CRIPTION .'F j ""' ' SENIOROR s. „ .'. ,� .' ',: -. SEN10Rx. ;ADMIN TOTAL,'!._."' NOOIr: 1 BORHRS 114,i'di,' :, PROJECT 'IlYI1RAULIC` CRAOUATC;: CADb . y = r. x PRINCIPAL, NG1NE' '.�" r CIVIL A§S1STJ r LABOR HRS: AW,GS FER SHEIi.'[ :. *` MANAGER F�TGINEF,R% EN4INEER ENGINEER OPERATOR r� €v >.. s ., x.. ENGINEER`` �ti �' .., 'r"DESICNER� CGIRICAL &COSTS.`.: 1 FONCI'ION CODE 16t " "° " DRAINAGE ,. \\\�O\�\\\ \��\ k ‘. a\\'' , \,\.. \\\\\ ' \\\ a , a t\ \\\\ \ �\ Management Meetings 8 Coordination 3 15 15 25 15 0 0 0 5 v 82 e. N/A Site Inspection and Survey Coordination 0 0 13 15 25 0 0 1 54 `.` N/A n Data Collection 0 3 3 8 9 25 4 0 2 34 3 N/A H8H data collection,base map preparation 8 criteria specification0 0 0 13 15 44 0 20 1 -93'= ' N/A Crass Drainage Analysis 4 25 • 10 40 50 45 15 0 0 189'. N/A Right of Way Drainage(Storm Sewers) 0 12 2 25 25 20 8 0 0 92 N/A Impact and Mitigation Analysis 0 1 1 15 25 10 8 0 0 ` 60' N/A Floodplain Mitigation 0 2 2 4 12 0 52 0 0 72 N/A Right of Way Mitigation Detention 0 1 1 8 13 2 6 0 0 29 N/A Drainage Report 4 15 19 35 30 25 35 0 10 173. ? .. N/A Drainage Area Maps 2 3 3 8 24 24 25 30 0 119:-- '' N/A Preliminary Storm Sewer Layout 2 4 4 16 18 0 40 30 _ 0 "112• N/A Outran Channel locations and size 1 3 3 6 18 0 18 0 0 47 N/A 0- 0 0 0 l 0 0 0 0 0 0 — 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 1 HOURS SUB-TOTALS .. 16. "-;84:: -63 .. 214�:i! ,, !!R65 ;; 220.. :" -211.: 80 .. -'F23 is 1176 "' r1 0 \ CONTRACT BILLING RATES PER HOUR $215 00 $195.00 $165 00 $140.00 $I40 00 $115 00 $115 00 $90 00 $65.00 \\�\\�\ /////Q% \ \\ .< TOTAL LABOR COSTS $3,440,00 . :$16?80,W>- --510,395,00 `. .$29960;00 $37;100.00- :, :$25.300.00.!'.$24,26500.> S7;200,00,; $1495.00. 1$155535.00 i,../,'/% :\\\� :s\\`\\ � \\\�� IN\\\�\`N\\.\\\„'\,. ..k\\\\\ \ \\k\\ \\\\O\O� ,O\, \V,,k\ \,' \ O\ \O \ a\\\\\1�%\\�\\\\0\O`\\\\ .\ ' '4\'\�\O\\\�\. v \�N-,,, \\\ SUBTOTAL(FC 170) \ \\�\� \\.\`\\ :ate \O\.�`,,,,\ O.a\\ .\ S'�','. �'.Y,,'..\\.,\\ `\\.a\\ \�\�•. S155S35 00 e .\\�\�\ \.. 8/22/2006 Cullen Parkway Transportation Engineering Services Scope of Services Cullen Parkway GC Engineering, Inc. 1/'NEE,17‘ GC Engineering, Inc. GCE " 4201 West Broadway, Pearland, Texas 77581 N\F/ A Tel. (281)412-7008 Fax. (281)412-4623 www.gc-engineerinq.com TRANSPORTATION ENGINEERING SCOPE OF SERVICES Cullen Road from BW 8 to FM 518 Brazoria County, Texas The scope of services presented herein by GC Engineering,Inc. (GCE) is comprised of traffic engineering services for the proposed reconstruction of Farm to Market Road 865 (Cullen Road) from Beltway 8 (BW 8)to FM 518 in Brazoria County, Texas. Proposed reconstruction activities include the widening of the existing roadway within the existing right-of-way (ROW), from two to four lanes with exclusive turn lanes at key intersections. Existing traffic signals will likely require modifications with ROW acquisition needed for corner-clips at the intersection of Cullen Road at CR 106 and Cullen Road at Hughes Ranch Road. The proposed project also includes two potential storm water detention pond sites: an approximate 5-acre site located to the east of Cullen Road near Hickory Slough, and an approximate 10-acre site located adjacent to Clear Creek to the west of Cullen Road. It is our understanding that the reasonable alternatives may potentially include alternative configurations of 4 lane divided roadway. The tasks included in this Scope of Work include: • Development of Traffic Volume Forecast • Development of Existing Traffic Analysis • Traffic Signal PER(Preliminary Design) • Development of Preliminary Signal Construction Cost Estimate. TASK 1. TRANSPORTATION/TRAFFIC ANALYSIS 1. Traffic Forecasts Under this task, TransCAD scenarios will be run using the City of Pearland Traffic Model to develop traffic forecasts for FM 865. Various changes in the corridor will be included in the forecast scenarios including, but not limited to completion of McHard Road between FM 865 and SH 288, completion of a proposed new high school at FM865 and CR403, and widening of CR403 between FM865 and CR94. The traffic forecasts will be used as an input to the shadow toll analysis, and will form the basis for determination of number of lanes required along FM 865. 2. Traffic Analysis The traffic forecasts will be used in developing lane requirements for Cullen Parkway, and will also be used as a starting point in determining the need for exclusive turning lanes at key locations,and as an input to the signal design process. The results of the traffic analysis will be used to support the purpose and need statement of the Environmental Assessment. The analysis will utilize existing and future traffic volumes for the determination of the required number of lanes and will include a one to two page summary of why the project is needed. 08/22/06-GCE SOW—Transportation Engineering Services, Cullen Road, Brazoria County, TX Page 1 of 3 TASK 2. TRAFFIC SIGNAL DESIGN 1. Preliminary Design The preliminary design task will consist of a review of existing signals and development of a conceptual plan for improvements, and preliminary construction cost estimate. There are five existing traffic signals within the limits of work, as follows: • FM 518, at the southerly limit of work, is a recently re-configured signal system that operates as a split-phase operation for north and southbound approaches along Cullen Parkway. With an additional lane in each direction along Cullen,the opportunity exists to examine timing and phasing options to provide less time for through traffic, and, thus additional time for FM518.and for high volume turning phases. At a minimum, there will be a need for modification of signal head locations and lane configurations at this location. • CR 403 is a recently installed signal. With widening, there will be a need to relocate signal hardware. With potential widening of CR403, there will be a need to coordinate with that design effort, and with a potential new high school to be located at the northwest corner of the intersection,there will be a need to confirm that signal timing and turning lanes are appropriately designed to accommodate a major traffic generator. • Brookside Road is currently a flashing yellow warning signal. With potential completion of McHard from SH 288 to Cullen Parkway, this could become a major intersection since this would be the location of the future McHard/Cullen intersection. The traffic forecasts will be used to determine whether or not a full signal operation is warranted, however, given the preliminary indications of future traffic on McHard, it is likely that a signal will be warranted. At a minimum, this location will require relocation of signal hardware due to the widening of Cullen,and future consideration of a major signalized intersection. Likely, the timing of completion of McHard will require a new signal design at this location. • The current signal at the entrances to Tom Bass Park and Adair Park likely require relocation of signal hardware and redesign to accommodate the widening of Cullen. • The current signal at the Sam Houston Tollway (Beltway 8) frontage roads may require modifications to accommodate the high volume left turn from Cullen to the westbound frontage road. For each of these there will be an effort during the preliminary design effort which will include a discussion of alternatives and conceptual recommendations which will be described as part of the PER. This effort will include a preliminary construction cost estimate for traffic signal improvements. ADDITIONAL SERVICES OF GCE NOT INCLUDED: 1. Traffic counts collected in the field along existing roadways. 08/22/06-GCE_SOW—Transportation Engineering Services, Cullen Road, Brazoria County, TX Page 2 of 3 FEE SCHEDULE The lump sum fee for providing the services detailed in this Scope of Work is $52,326.68 based on the following estimated level of effort: Principal Transportation Sr.Transportation Engineer/ Engineer Planner/Engineer Planner Technician Clerical Labor Rate: $134.62 $121.55 $91.98 $40.00 $33.48 Totals Task 1 Traf icfAnalysis'and Vole le,�FOiecas 's I ;, . WW:'S„`fi-g VS WMVt , Traffic Forecast 30 42 21 12 Traffic Analysis 20 36 32 12 IIIIIIIIIIIIIIIIII Estimated Hours: 50 78 =MI 24 0 Estimated Labor Cost: $6,731.00 $9,480.90 $4,874.94 $960.00 $0.00 $22,046.84 Direct Costs Unit Cost Units Plan Reproduction $100.00 ea 2 $200.00 Total Estimated Task Cost: $22,246.84 Task 2 Si n (IDesi n r s i t Preliminary Design 24 88 96 I 24 Construction Cost Estimate 4 16 40 Total Estimated Hours: 88 152 184 76 0 Total Estimated Cost: $3,769.36 $12,641.20 $12,509.28 $960.00 $0.00 $29,879.84 Direct Costs Unit Cost Units Plan Reproduction $100.00 ea 2 $200.00 Total Estimated Task Cost: $30,079.84 C:IDocuments and SettingslnburchfieldlLocal SettingslTemporaiy Internet Fi1esIOLK7C1060822_GCE SOW-Traffic.doc 08/22/06-GCE SOW—Transportation Engineering Services, Cullen Road,Brazoria County, TX - Page 3 of 3 Environmental Services Scope of Services Cullen Parkway GC Engineering, Inc. . 0.-,, � GC Engineering, Inc. � /-/Ik\c:1 -GCE 4201 West Broadway, Pearland, Texas 77581 L A Tel. (281)412-7008 Fax. (281)412-4623 www.gc-engineering.com ENVIRONMENTAL SCOPE OF SERVICES Cullen Parkway from BW 8 to FM 518 Brazoria County,Texas The scope of services presented herein by GC Engineering,Inc. (GCE) is comprised of traffic engineering services (i.e., EA) for the proposed reconstruction of Farm to Market Road 865 (Cullen Parkway) from Beltway 8 (BW 8) to FM 518 in Brazoria County, Texas. Proposed reconstruction activities include the widening of the existing roadway within the existing right-of-way(ROW),with ROW acquisition needed for corner-clips at the intersection of Cullen Parkway at CR 106 and Cullen Parkway at Hughes Ranch Road. The proposed project also includes two potential storm water detention pond sites: an approximate 5-acre site located to the east of Cullen Parkway near Hickory Slough; and an approximate 10-acre site located adjacent to Clear Creek to the west of Cullen Parkway. It is our understanding that the reasonable alternatives may potentially include alternative configurations of 4 lane divided roadway, and the No Build Alternative. .This scope of work assumes the area of potential effect(APE) for the proposed project is 150 feet measured from the existing centerline on both sides,totaling 300 feet of APE along the entire 2.7 miles from BW 8 to FM 518. The tasks included in this Scope of Work include: • Research, analysis,and preparation of Environmental Assessment document; • Regulatory Agency Coordination; and • Assistance in public involvement activities. TASK 1. ENVIRONMENTAL ASSESSMENT 1. Environmental Documentation This subtask includes obtaining and documenting baseline environmental setting information and performing analyses to evaluate the potential environmental consequences for implementing the proposed project. This includes documenting the environmental constraints and potential impacts of the alternatives, including the No Build alternative. Impacts to be addressed will be in accordance with applicable State and Federal guidelines. This subtask includes coordination with TxDOT. After gathering the various inputs identified below, the findings will be detailed in the applicable environmental document (i.e., EA). The environmental document will be organized according to TxDOT and FHWA format. a. Environmental Setting A detailed evaluation of the environmental effects that would occur as a result of the project will be performed to develop the framework that will guide the environmental analysis, evaluation, and documentation. Activities to be performed as part of the evaluation of the environmental setting, includes the following activities: Preliminary Site Reconnaissance of Project Area: This task includes a preliminary site reconnaissance of the project to become familiar with existing conditions of the project 08/18/06-GCE SOW—Environmental Services, Cullen Road, Brazoria County, TX Page 1 of 10 I' EERI`‘ GC Engineering, Inc. GCE 4201 West Broadway, Pearland, Texas 77581 L A\P% =~A Tel. (281)412-7008 Fax. (281) 412-4623 www.qc-engineerinq.com ENVIRONMENTAL SCOPE OF SERVICES Cullen Parkway from BW 8 to FM 518 Brazoria County,Texas The scope of services presented herein by GC Engineering,Inc. (GCE) is comprised of traffic engineering services (i.e., EA) for the proposed reconstruction of Farm to Market Road 865 (Cullen Parkway) from Beltway 8 (BW 8) to FM 518 in Brazoria County, Texas. Proposed reconstruction activities include the widening of the existing roadway within the existing right-of-way(ROW),with ROW acquisition needed for corner-clips at the intersection of Cullen Parkway at CR 106 and Cullen Parkway at Hughes Ranch Road. The proposed project also includes two potential storm water detention pond sites: an approximate 5-acre site located to the east of Cullen Parkway near Hickory Slough, and an approximate 10-acre site located adjacent to Clear Creek to the west of Cullen Parkway. It is our understanding that the reasonable alternatives may potentially include alternative configurations of 4 lane_ divided roadway, and the No Build Alternative. This scope of work assumes the area of potential effect(APE) for the proposed project is 150 feet measured from the existing centerline on both sides,totaling 300 feet of APE along the entire 2.7 miles from BW 8 to FM 518. The tasks included in this Scope of Work include: • - Research,analysis, and preparation of Environmental Assessment document; • Regulatory Agency Coordination; and • Assistance in public involvement activities. TASK 1. ENVIRONMENTAL ASSESSMENT 1. Environmental Documentation This subtask includes obtaining and documenting baseline environmental setting information and performing - analyses to evaluate the potential environmental consequences for implementing the proposed project. This includes documenting the environmental constraints and potential impacts of the alternatives, including the No Build alternative. Impacts to be addressed will be in accordance with applicable State and Federal guidelines. This subtask includes coordination with TxDOT. After gathering the various inputs identified below, the findings will be detailed in the applicable environmental document (i.e., EA). The environmental document will be organized according to TxDOT and FHWA format. a. Environmental Setting A detailed evaluation of the environmental effects that would occur as a result of the project will be performed to develop the framework that will guide the environmental analysis, evaluation, and documentation. Activities to be performed as part of the evaluation of the environmental setting, includes the following activities: Preliminary Site Reconnaissance of Project Area: This task includes a preliminary site reconnaissance of the project to become familiar with existing conditions of the project 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County,-TX Page 1 of 10 area and identify significant features of the community. This task includes obtaining various maps and other supporting data, as needed, which is not identified in other tasks within this Scope of Services. Review of Aerial Photographs: This task includes a review of historical aerial color and black/white photographic enlargements for selected years. Infrared color photographs will be analyzed for the presence of wetland signature color distortions. Information for all photographic interpretation will be compared to locate recurring sites where wetland signatures are present. Review of Biological Elements: The Threatened and Endangered Species listings currently maintained by the U.S. Fish and Wildlife and the Texas Parks & Wildlife Department will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area and will be indicated by map. The presence of state or national parks, forest, wildlife refuges, wild or scenic rivers, natural areas, or similar preserves in the planning area will be identified by map. Review of Hydrological Elements: This task includes research and review of all hydrological elements within the project area. This task is intended to identify receiving streams and regulatory coordination necessary under the proposed action. Review of Socioeconomic Elements: This task includes research and review of available income information for the community, such as median annual income. This task also includes research to obtain land use information for the project area and surrounding community,which will be included in the EA. Preparation of a Map Representing Potential Wetland Areas: This task includes the preparation of a scaled map to show potential wetland areas and the limits of Jurisdictional Waters. Upon completion of the site reconnaissance and in-office analysis of the study data,the boundaries of the area determined to be Jurisdictional Waters of the United States will be flagged for survey by the project surveyor. Preparation of Constraints Map for the study area: After gathering the various inputs identified in other tasks under this phase, the findings will be presented on a map overlaying the results on a recent aerial photograph of the study area. This preliminary information will assist in providing a means for analysis of the alternatives. The constraints map will be used as one of the graphics during the public involvement activities detailed in Task 2. b. Analysis and Evaluation of Proposed Project Once the baseline data is compiled, the potential environmental effects that potentially would occur as a result of the project will be evaluated to develop the framework that will guide the environmental analysis, evaluation, and documentation. Activities to be performed as part of the evaluation of the environmental setting, includes the following activities: Biological and Natural Resource Impact Assessment: The biological and natural Resource aspects of the proposed project will be reviewed and analyzed for potential impacts to those resources. The site will be reviewed for biological indicators of presence. If marginal or suspicious habitats are encountered, a specialist on the specific study species will be consulted and their findings included in the site impact assessment. 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County,-TX Page 2 of 10 Wetland Impact Assessment: The proposed project will be evaluated to identify methods to minimize wetland impacts, if any. If wetlands will be impacted by the project, an explanation of cost and technical factors, as applicable, such as discussion if there is no practicable alternative to the construction will be included in the environmental document. Additionally, if required by Section 404 of the Clean Water Act, appropriate wetland permitting and mitigation will be proposed for wetland impacts. This task includes inspecting the property under the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. Army Corps of Engineers. The proposed project will be reviewed for any wetland impacts. Transects will be performed across the property, perpendicular to the nearest watercourse. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation samples will be evaluated and recorded at each sample area. Upland vegetation will be verified, for it is as significant as wetland vegetation in the determination process. This task includes delineation of the ordinary high water mark at proposed crossings of the jurisdictional waters of the United States. Inspection of the property for evidence or lack of wetland hydrology will be performed at each sample area. Soil samples will be evaluated at each test site for their hydric and non-hydric characteristics. Non-hydric soils verify upland status and are as significant as hydric soils in the determination process. As many as 50+ sample sites, evaluating vegetation, soil, and hydrology criteria,may be necessary. Hazardous Waste Impacts Assessment: The hazardous wastes impacts will be identified, to the extent feasible in accordance with TxDOT guidelines. The purpose of this assessment will be to be identify the potential for recognized environmental conditions; that is,the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the ground, groundwater, or surface water of the property. This subtask will have four components, as follows: (1)Obtain and review records that will help identify recognized environmental conditions in connection with the property. Some records will pertain to properties within an additional approximate search distance in order to help assess the likelihood of potential problems from migrating substances. (2) Site Reconnaissance: Visually and physically inspect the property and adjoining properties, to the extent not obstructed by bodies of water, adjacent buildings, or other obstacles,for evidence of hazardous substances or petroleum products. (3)Interviews may be conducted to obtain information regarding current and historical uses of the property that may be related to environmental conditions. (4)Evaluation and Report Preparation: The information gathered from the previous tasks will be evaluated, and the findings will be presented in a report that describes, at minimum, site and vicinity descriptions, current and past uses of the property and adjoining properties, information from records reviews, information from site reconnaissance and interviews,conclusions and opinions of impacts, if any,of recognized environmental conditions. Should additional testing be required,this can be performed as an additional service. Historical, Cultural and Archeological Survey: This subtask includes survey/analysis in three areas,which may result in the generation of a separate technical report on the issue. The report(s) produced under this task will be included as an appendix to the 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 3 of 10 environmental document, as applicable. The following items are included as part of this task: (1) TxDOT precertified person(s), will perform a reconnaissance survey of the project area in order to identify areas within the corridor where archeological sites may be encountered, or where there is preservation potential. It is assumed that all lands associated with the proposed project will be publicly-owned;and that the issuance of a Texas Antiquities permit will be required prior to fieldwork mobilization. It is also assumed that the 10 acre detention basin is located in PALM Unit 2 area, and that the 5 acre DB is in a PALM Unit 2a area. Additionally this scope of work includes the critical assumption that no archeological resources will be found during the excavation and that shovel testing a limited backhoe trenching will be sufficient to complete the investigation to the requirements of TxDOT and the THC. Upon approval by TxDOT/THC, twenty (30)copies of the final report will be provided to the TxDOT/THC. (2) Qualified cultural resource personnel will perform a windshield survey of the project area, and will review National Register of Historic Places (NRHP), the list of Recorded Texas Historical Landmarks (RTHL), and Texas Historic Sites Inventory to identify previously designated historic resources. The project's area of potential effects (APE) is estimated to extend 150 feet beyond the existing ROW boundaries. The purpose of this survey is to identify and evaluate all buildings, structures, objects, and potential districts constructed in 1956 or earlier that are located within the APE. This scope of services assumes up to 10 pre-1956 structures may be located within the survey area, based on a cursory examination of the USGS 7.5' quadrangle topographic and historic Texas Highway Department county highway maps. (3) This task also includes review to identify whether sufficient information is available to determine 4(f) status. Should sufficient information be available, then the NRHP criteria will be used to evaluate significance and for integrity to evaluate the 4(f) properties, as applicable, and will provide a report of the data in conformance with FHWA 4(f) policies. Should the 4(f) issue be eliminated from further consideration, detailed information explaining the issue will be provided as a section in the environmental document. Traffic Noise and Air Quality Analysis: Traffic noise analysis will be conducted using FHWA Traffic Noise Model (TNM) using existing (2006) and design year(2026)traffic volumes in the model. Noise wall analysis, if applicable, will be performed. Air quality analysis will be performed in accordance with TxDOT guidelines, if required, using Caline3/Mobile 6A. c. Environmental Document Preparation and Circulation GCE will prepare and submit copies of the environmental document as indicated and respond to comments on the environmental document. All copies of the environmental document will be submitted to the County for forwarding to the State. • Prepare and submit one copy of the environmental document as indicated and respond to comments on the environmental document by the TxDOT Houston District office. All copies of the environmental document will be submitted to the City for forwarding to the State. • Prepare revised draft environmental document (Version 2) to respond to City's and District's comments and submit eight copies to the City for forwarding to TxDOT's Houston District(District). 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 4 of 10 • Revise draft environmental document (Version 3) based on additional comments from the District and submit 8 copies to the City for forwarding to the District. If the District has no more comments, the environmental document will be sent. to Environmental Affairs(ENV)for additional comments. • Revise draft environmental document (Version 4) based on additional comments from ENV and submit 8 copies to the City for forwarding to the,District, then ENV for resource agency circulation • Revise draft environmental document (Version 5) to include resource agency comments and submit 8 copies to the City for forwarding to the District, then to ENV,then to FHWA. • Revise draft environmental assessment (Version 6) to include additional ENV comments and FHWA comments and submit 8 copies for forwarding to the District, then to ENV,then to FHWA for final document approval. • After FHWA approval of the EA, assist the City in offering the public the opportunity for a Public Hearing to discuss the selection of the Preferred Alternative. • Assist City in showing project to people requesting Public Hearing. If 10 or more people request a Hearing, assist the City in conducting a Public Hearing as an additional scope item. 2. . Agency Coordination This task includes the preparation of applicable agency coordination letters for the proposed action, including the following agencies: TxDOT, USACE, the U.S. Fish and Wildlife Service (USFWS), Texas Parks & Wildlife Department (TPWD), Houston- Galveston Area Council (HGAC), and other agencies requested by the City and/or TxDOT that may be applicable to the proposed project.. A draft of the letters will be provided for approval by the City and/or TxDOT. This task assumes that GCE will provide all supporting graphics for the coordination letters, including but not limited to a scaled map to show potential issues within the project area. 3. Deliverables The following items will be completed by GCE for the project under this scope of work: • Wetlands Survey Technical Report(Appendix to the EA) • Hazardous Material Technical Report(Appendix to the EA) • Traffic Noise and Air Quality Technical Report(Appendix to the EA) • Draft Archeological and Historical Survey Reports(10 copies of each report) • Final Archeological and Historical Survey Reports(30 copies of each report) • Draft EA including the County, State,and FHWA revisions(40 copies) • Final EA including ENV and agency revisions(12 copies and one electronic copy) TASK 2. PUBLIC INVOLVEMENT 1. Public Involvement This Scope of Services assumes that an EA is the appropriate document, and that public involvement activities will include small group meetings, one public meeting, and one 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 5 of 10 notice affording the opportunity for a public hearing (NAOPH) in support of the proposed project. a. Small Group Meetings Throughout the project, GCE andBury Partners will be responsible for coordinating meetings with small groups from within the local community, as needed and/or requested. GCE will provide a senior staff member for each of these meetings to informally discuss the project. All requests for such meetings will be coordinated with the City and/or TxDOT prior to establishing a meeting date and time. The local organization will be responsible for providing the meeting location.and contacting their members. If 10 or more requests for a public hearing are received during the NAOPH period, a public hearing will be scheduled. However, if fewer than 10 requests are received during the NAOPH period, then small group meetings will be held with the interested persons to address their concerns/comments. For budget purposes, four small group meetings are planned. b. Public Meeting GCE will provide support to Prime Strategies, Inc. in public involvement activities, as needed, including the following tasks: • Coordinate with Prime Strategies in the development of draft public meeting/hearing notification letters for review and approval by the City and/or TxDOT, then prepare final draft letters for mailing by the City and/or TxDOT; • Draft and prepare questionnaire/comments forms for obtaining public input regarding the proposed project; • Coordinate public notice advertisement development with Prime Strategies, the City, and/or TxDOT,then upon approval by TxDOT, schedule for publication in one major newspaper (i.e., Houston Chronicle) and in one local newspaper (e.g., Pearland Journal), in accordance with the TxDOT Public Meeting/Public Hearing Checklist • Prepare signs for use at the public meeting/hearing to direct traffic to parking areas and the meeting room, and for the stations at the meeting/hearing, such as Welcome/Registration, Proposed Design, Environmental (Constraints Map), Right- of-Way, Questionnaire/Comment Drop-off; • Provide staff for the Welcome/Registration, Environmental (Constraints Map), and Questionnaire/Comment Drop-off stations, and to mingle among the public to answer questions or direct, as needed,to the appropriate City and/or TxDOT official; and • Provide QA/QC review of public involvement summary, to be prepared by Prime Strategies, Inc. The result of the comments received during the public meeting/hearing and from mailings during the comment period will also be included in the EA. c. Public Hearing GCE will assist in showing project to people requesting Public Hearing. If 10 or more people request a Hearing, GCE will assist in conducting a Public Hearing. For the purposes of developing the budget, this subtask includes holding a public hearing. In addition,the following activities are included in this task: 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 6 of 10 • Coordinate with Prime Strategies in the development of draft public meeting/hearing notification letters for review and approval by the City and/or TxDOT, then prepare final draft letters for mailing by the City and/or TxDOT; • Draft and prepare questionnaire/comments forms for obtaining public input regarding the proposed project; • Coordinate public notice advertisement development with Prime Strategies, the City, and/or TxDOT,then upon approval by TxDOT, schedule for publication in one major newspaper (i.e., Houston Chronicle) and in one local newspaper (e.g., Pearland Journal), in accordance with the TxDOT Public Meeting/Public Hearing Checklist • Prepare electronic version of signs to be used at the public meeting/hearing to direct traffic to parking areas and the meeting room, and for the stations at the meeting/hearing, such as Welcome/Registration, Proposed Design, Environmental (Constraints Map),Right-of-Way, Questionnaire/Comment Drop-off; • Provide staff for the Welcome/Registration, Environmental (Constraints Map), and Questionnaire/Comment Drop-off stations, and to mingle among the public to answer questions or direct, as needed,to the appropriate City and/or TxDOT official;and • Provide QA/QC review of public involvement summary, to be prepared by Prime Strategies, Inc. The result of the comments received during the public meeting/hearing and from mailings during the comment period will also be included in the EA. 2. Environmental Constraints Mapping a. Update Constraints Map Bury Partners will develop the baseline constraints map that will include the proposed build alternatives and potential detention pond site(s) overlaid onto an aerial. GCE will then update this baseline map to identify significant environmental issues as the constraints map for public involvement. b. Ground Truth Constraints Map GCE will conduct a field reconnaissance (windshield survey) within areas of readily available access to confirm previously identified constraints. 3. Deliverables The following items will be completed for the project under this scope of work: • Exhibits • Constraints Map ADDITIONAL SERVICES NOT INCLUDED The following services are not included in this Scope of Service, but are available under a supplemental service upon request: • ROW Mapping/Parcel Plats • Beyond Project Limits -Needs to conduct work on items beyond those quantified as budgeted within the above scope of services will be considered additional services. This includes, but is not limited to, study length and width for environmental fieldwork. • Tree Mitigation—Preparation of a tree mitigation plan would be a separate scope of work. 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 7 of 10 • Noise/Air—Traffic noise analysis of alternatives other than the preferred alternative; air analysis of alternatives other than the preferred alternative; air quality sampling. • Hazardous Materials.— Phase II Environmental Site Assessment (ESA) in accordance with ASTM standards for additional ROW not identified within other tasks; subsurface investigations, including soil and groundwater sampling. • Archaeological/Historical -Intensive Phase I pedestrian archeological survey and/or historical survey of alternatives other than the preferred alternative, as detailed under other tasks; historical structure eligibility determinations; laboratory analysis, artifact curation, Phase II testing and/or Phase III data recovery efforts; formal coordination under Section 106 of the National Historic Preservation Act or under the relevant section of the Texas Antiquities Code not identified within other tasks. • Other Technical Studies, Research, or Coordination-Issues raised in small group meeting or public meetings beyond the scope of work detailed in the Tasks. • Design Public Hearings. • Traffic counts collected in the field along existing roadways. • Topographic survey work, ground control or aerial photogrammetry. • Wetland mitigation site selection, studies, and design. • Preparation, submittal,and coordination of Section 404/401 permit. FEE SCHEDULE The lump sum fee for providing the services detailed in this Scope of Services is $95,953 based on the estimated level of effort indicated in the following tables. 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 8 of 10 Table 1. Task 1 Fees - Environmental Documentation and Agency Coordination Sr. Env Scientist Biologist Env.Tech CADD Clerical Labor Rate:* $104.57 $90.00 $76.68 $41.83 •$33.46 Totals E Cironmert#al Assessent, .. � :i x d Y i,T Z s ; ; �„ � ,��� ��� �.� �� ��w . � _ .�.. ,',�,r, � ��.� ,,�� �tea. Preliminary Site Reconnaissance 4 4 Historical Document Review/Anal sis 4imill1111 8 Hydrological Elements Review/Anal sis Socioeconomic and Env Justice Analysis 2 nill _ Field Preparation Activities 6 i Hazardous Material Impacts _Assessment 8 8 111111111 Wetland Delineation&Impact Assessment 16 32 32 Ell 24 Biological Survey&T&E 111/1. Assessment 8 8 Tech Report, Data Form&Field j documentation 16 48 52 8 Historical, Cultural and 11111111111111111111111111111111111111111 Archeolo s ical Surve I Traffic Noise and Air Quality MEI= Mill Anal sis 16 Section 4(f)evaluation/Tech Report Prep 36 alliMM 8 Alternatives Analysis 8 8 8 Document Preparation 40 16 I 16 8 8 ¢ Total Hours: 246 132 178 NEM 40 Estimated Labor Cost:* FM $11,880.00 $13,649.04 WM $1,338.40 i $57,360.28 Direct Costs Unit Cost i Units 1111111111111 Historic/Arch'Subconsultant $13,520.00 NTE 1 ME $13,520.00 Historic Proserties Subconsultant $3,000.00 111151.1111101111111111111111 $3,000.00 Regulatory&historic Maas&Aerials $410.00 Millill111111111111111111 ( $410.00 Agency Database Records $500.00 111111111=1111111111111111 $500.00 Field Supplies $50.00 s- $200.00 Courier/Overnight $25.00 NM $100.00 Total Estimated Task Cost: , $75,090.28 mar �'- �„"u.x-�' .w` � * r Prt� ': r � •-`',kyy� � "� '�. `:Y' 2 a�.� �'a..� �+ ni fCoo`r.eti tionC . `�1 s a�.u _ ._ >. ..„ �. r,. €s � _`"C . . ,., °�: � z _. «" . .._. Prelimina Coordination 4 4 8 2 4 1 Meetings 16 Final Resort !" I 8 4 Total Estimated Hours: 12 1 8 6 8 Total Estimated Cost: $2,509.68 $1,080.00 $613.44 $250.98 $267.68 $4,721.78 Direct Costs Unit Cost Units Agenc Fees $75.00 ea { 2 3 $150.00 Courier/Overnight $25.00 ea i 2 IIIIIIIIII 1 $50.00 Total Estimated Task Cost: 1 $4,921.78 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 9 of 10 Table 2. Task 2 Fees—Public Involvement and Environmental Constraints Mapping Sr. Env Principal Scientist/Sr. - Engineer Planner Env.Tech CADD - Clerical Labor Rate: $131.06 $105.00 $75.00 $75.00 $35.00 Totals Public 111Vo1v mQnt g V S a 4 : 1k eKK 5 . .' Rv s, ,i Vi.4tZ' l Meeting Preparation Activities 12 ! 24 Small Group Meetings(up to 4) 12 12 i Public Meeting 4 4 I Public Hearing 4 4 Document Preparation 16 8 Total Hours: , 20 48 1 0 24 8 Estimated Labor Cost:* $2,621.20 $5,040.00 $0.00 $1,800.00 $280.00 $9,741.20 Direct Costs Unit Cost _ Units ___ Exhibits $75.00 ea 10 $750.00 Signs $75.00 ea i 10 $750.00 Public Involvement Supplies $200.00 set 3 $600.00 Public Notice Advertisement (Hou Chron/Pearland Journal) $1,500.00 ea 2 $3,000.00 Court Reporter $200.00 hr 5 $1,000.00 Courier/Overnight $25.00 ea 4 $100.00 Total Estimated Task Cost: $15,941.20 Total GCE Estimated Cost for Environmental Services: $95,953.26 I:1701361ContractlSub Consultants Agreementslsub GC revised env svcs 082806.doc 08/18/06-GCE SOW—Environmental Services, Cullen Parkway, Brazoria County, TX Page 10 of 10 Geotechnical Services Scope of Services Cullen Parkway Tolunay-Wong Engineers, Inc. • Tolunay - Wong Engineers , Inc . • August 15, 2006 TWEI Proposal No: P06-G358.Rev.1 Mr.David A.Hamilton,P.E. Bury+Partners 1001 West Loop South, Suite 200. Houston,Texas 77027 • • REVISED PROPOSAL FOR GEOTECHNICAL SERVICES • CULLEN PARKWAY FROM F.M.518 TO BELTWAY 8 PEARLAND,TEXAS • Dear Mr.Hamilton: • Tolunay-Wong Engineers, Inc. (TWEI) is pleased to submit our revised proposal for geotechnical field and engineering services for the Cullen Parkway Project in Pearland, Texas. • Project details were provided in the drawings furnished by you during our meeting on August 11, - 2006. The proposed alignment will start at FM 518 and end at Beltway 8. The alignment is about 3.0 miles long and will cross over Hickory Slough and Clear Creek. The stream crossings will be bridges. The project will also include construction of 5-acre and 10-acre detention ponds. Scope of Services • . Our scope of services will include field exploration, laboratory testing and engineering analysis for the proposed project. • • • Field Exploration. We propose to drill twenty-seven borings ranging in depths from 15- ft to 75-ft to evaluate the subsurface condition. A total of 765 vertical feet will be drilled. The boring program is outlined in the table below. • ,.4AI...;'I;l. 00fa g_ 'ter.:.., ..... .:1!..._..e..e..l�.�1�.'.....:.:.\•ti. - Clear Creek Bridge Crossing 4 @ 75' 300' Hickory Slough Bridge Crossing 2 @ 75' • 150' Cullen Parkway 16 @ 15' 240' Detention Ponds 5 @ 15' 75' Total 765 • • 10710 S.Sam Houston Pkwy W.,Suite 100,Houston,TX 77031 (713)722-7064 Fax(713)722-0319 Mr.David A.Hamilton,P.E. 2 TWEI Proposal Number:P06-G358.Rev.1 August 15,2006 - The soil samples will be sampled continuously to the boring completion depths. All drilling will be performed in accordance with TxDOT criteria. TxDOT cone penetrometer tests (TED 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 upon completion of 24-hour water level measurements. The boring locations will then be staked for surveying. - Laboratory Testing. We will perform soil mechanics laboratory tests to measure physical and engineering properties of selected representative soil samples. The testing will generally include unconfined compression test (ASTM D 2166), unconsolidated —undrained triaxial test (ASTM D 2850), moisture content (Tex-103-E), liquid limit (Tex-104-E), plastic limit(Tex-105-E), specific gravity of soils(Tex-108-E),particle size analysis to obtain D50 (Tex- 110-E), and one-dimensional consolidation test(ASTM D 2435). Engineering Report. We. will prepare an engineering report that will present out findings and provide you with geotechnical design and construction recommendations for the proposed bridge,paving,storm sewer,and detention ponds construction,including: • Soil stratigraphy • Groundwater conditions • • Subgrade Preparation and stabilization requirements • Fill requirements Paving design in accordance with AASHTO and TXDOT specifications • Storm sewer bedding and backfill requirements • Retention criteria and groundwater control •. Bridge foundation design using TxDOT design criteria • Foundation settlement estimates and construction criteria • Slope stability analyses of embankments at channel crossings • Detention ponds excavations • Erosion control for detention pond sideslopes Budget Our lump sum cost for the above-described. services is $31,650.00 and will not be exceeded without your prior written authorization. The cost for the geotechnical study assumes that ingress and egress to the site are provided by others. Our budget to perform the above listed services is included in the table included below: Item 12ate Extension Field Exploration Mobilization/Demobilization Lump Sum $300.00 Soil Boring Continuous—765 ft total 765 x$14.00/ft $10710.00 TBD Cone Penetrometer(138) 138 x$5.00 $590.00 Mr.David A.Hamilton,P.E. 3 TWEI Proposal Number:P06-G358.Rev.1 • August 15,2006 • Item.: • • Rate Extension Subtotal • $11700.00 Laboratory Testing Lump Sum $7650.00 Subtotal $7650.00 Engineering Principal 8 hours x$150 $1200.00 Project Manager,P.E. 24 hours x$100 $2400.00 Staff Engineer 96 hours x$85 $8160.00 Drafting and Word Processing 12 hours x$45 $540.00 Subtotal $12300.00 TOTAL' $31650.00 Schedule We can mobilize our crew within three to four days after authorization is given and site utility clearance is complete. We can complete the field work in five days and issue our engineering report within thirty working days after the field work exploration. We can furnish you with verbal preliminary information upon completion of the field work and laboratory testing. Closing Remarks , Again,we appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or require further information, please do not hesitate to contact us. Sincerely, Tolunay-Wong Engineers,Inc. ir John D.Brown,P.E. JDB/tb • 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,and 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 Item "D" pulled from the 08/28/06 Agenda with No action taken. See Resolution No. R2006-170 AGENDA REQUEST • BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS • AGENDA OF: August 28,2006 ITEM NO.d OD t!i-/'lO "0 " DATE SUBMITTED: August 18, 2006 ORIGIN : Projects PREPARED BY: Doug Kneupper PRESENTOR: Mike Hodge SUBJECT: 2007 Bond Election—Architectural Services for Natatorium EXHIBITS: Architect's Proposal, Contract EXPENDITURE REQUIRED: $97,300 AMOUNT BUDGETED: $100,000 PROJECT NO.: P20007 ACCOUNT NO.: 200-0000-565.01-07 FUNDS AVAILABLE (Finance Department Approval) EXECUTIVE SUMMARY In order to provide the best possible information to both the Pearland City Council and the Pearland voters, the City is planning to undertake Schematic Design for several park projects nominated for inclusion with the 2007 Bond Election. This preliminary work will enable City staff to provide a good estimate of actual cost for each project. Certificates of Obligation in the amount of$3,000,000 have been sold to fund this work. A committee consisting of the Assistant City Manager, City Engineer, Projects Director, and Parks Director selected Architects for each project on the basis of the firm's previous experience with each project and with the City. The project was discussed with each Architect, and a scope was agreed upon for which the Architect submitted a proposal. The detailed scope is included as an attachment. This request addresses the proposed Natatorium. We have requested a proposal from BRW Architects for this work based on previous work history between this firm and the Parks Director in addition to current work this firm is performing for the City. This contract will incorporate input from City staff along with input from other stakeholders to provide a schematic design for the ultimate facility. The scope of work as presented in the attached proposal meets the City's requirements, and we have found the requested fee to be appropriate. BUDGET SUMMARY 2007 BOND REF. PREVIOUSLY CURRENT PER BUDGET AUTHORIZED REQUEST BALANCE Architecture $100,000 $0 $97,300 $2,700 Right of Way $0 $0 $0 Construction $0 $0 $0 Contingency $0 $0 $0 Program Management $0 $0 $0 Total $ 100,000 $0 $97,300 $2,700 RECOMMENDED ACTION City Council award of the Architectural Services contract for the proposed Natatorium to BRW Architects in the amount of$97,300. 1 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES. This Contract (Contract) is made between the City of Pearland, Texas (hereinafter"City"), and BRW Architects (hereinafter"Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be apart of this Contract: Description of Project: Provide Architectural services (Schematic Design) for a Natatorium. Engineer/Subconsultant(s) Fee Basis of Compensation BRW Architects $97,300 . Not to Exceed Maximum Contract Amount $97,300 Not to Exceed *All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary— Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. . Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. • 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold - harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The 'above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 V • EXECUTED and EFFECTIVE as of the day of .20 CITY OF PEARLAND ENGINEER By: By: Printed Name: Printed Name: Title: Title: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , A.D., 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: STATE OF TEXAS COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , A.D., 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: 6 Y • I BROWN REYNOLDS WATFORD 0r44-1=A ARCHITECTS 2700 Earl Rudder Fwy South SUITE 4000 College Station,TEXAS 77845 979-694-1791 FAX 694-8293 WWW.BRWARCH.COM 08/17/2006 To: Rhonda Cyrus, Director of Parks and Recreation City of Pearland Pearland, Texas From: Tom Parker AIA Ref: Enclosed Pool projected cost As per our conversation I have attached the probable Construction Cost for the following: 8 Lane 50 Meter pool 3 Lane 75 feet warm-up pool Locker facilities, Storage, Mechanical, and Concession Pool Deck Two types of covers One soft roof(bubble)with supporting walls Two rigid frames with glass enclosure Both of the buildings include space for a 5 tier bleacher on one side of the pool.The cost for the mechanical, plumbing,an d electrical is indicated on the attaché. We have used current prices at today's market. If the project is constructed in the future you will need to increase the cost approximately 20% per year. This is compounded per year not a one time increase. The product provided to the City-schematic design is as follows: Schematic design including site plan,floor plan, elevations, and computer model (non walk through), and adjusted probable construction cost.The overall size of the enclosure is based upon a foot print of 140 feet wide by 290 feet long. The overall geometry may change once the design is started and the actual site is established. It is our understanding that the results will be used as a bond package. There will be several meetings during the design phase that will be scheduled once the work begins. The fee to provide the above services is$97,300.00.For those who calculate the fee as a %of construction cost the fee is 1.3% of the projected construction cost to provide the bond package.The fee includes geotechnical reports to determine if the site selected is appropriate for the project.