Loading...
R2023-187 2023-08-14RESOLUTION NO. R2023-187 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Gauge Engineering, for design services associated with the Veterans Road Drainage Improvement Project, in the estimated amount of $670,754.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Veterans Road Drainage Improvement, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for design services associated with Veterans Road Drainage Improvement Project. PASSED, APPROVED and ADOPTED this the 14th day of August, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 400032D9-2DAD-4015-895C-9F8133C766A2 Design 1 of 7 D2. Revised 07/2023 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Gauge Engineering, LLC. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Veterans Drainage Improvements ("PROJECT"). (Project #DR2305) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform engineering services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of the estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly, or indirectly, encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible with current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Design 2 of 7 D2 Revised 07/2023 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers’ Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers’ Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits (“Change in Coverage”) except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT’S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Design 3 of 7 D2 Revised 07/2023 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end December 31, 2025. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Not to Exceed) $427,290.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed) $148,394.00 3. Bid Phase Services (Hourly Not to Exceed) $ 6,480.00 4. Construction Phase Services (Hourly Not to Exceed) $ 88,590.00 Total: $670,754.00 B. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. C. CONSULTANT shall invoice for work performed during the preceding thirty-day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect the most recent single Billing Period only and represent the true, correct, and accurate account of work performed during the Billing Period. D. For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and “Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. E. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Design 4 of 7 D2 Revised 07/2023 markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/ or binding costs • Postage • Mileage, for travel from Consultant’s local office (within a 25-mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant’s local office AND when business hours exceed eight hours within one business day OR requires more than one eight-hour day. F. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 11750 Katy Freeway, Suite 400, Houston, Texas 77079. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Design 5 of 7 D2 Revised 07/2023 other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULT ANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the patties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third patty who will be selected by agreement of the parties. SECTION VI - ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII - COVENANT AGAINST CONTINGENT FEES The CONSULTANT affi rms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Design 6 of 7 D2 Revised 07/2023 commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. CITY OF PEARLAND, TEXAS DATE ____________________________ ______________________________ CONSULTANT DATE 7/7/2023 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 8/17/2023 | 12:27 PM CDT 7 House Bill 89 Verification I, ______________________________________ (Person name), the undersigned representative (hereafter referred to as “Representative”) of ______________________ __________________________________________________________ (company or business name, hereafter referred to as “Business Entity”), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term “boycott Israel” is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. _____________________________________ SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this _____ day of ____________________, 20___. _____________________________________ Notary Public DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 11750 Katy Freeway., Suite 400 • Houston, Texas 77079 • 832.318.8802 June 27, 2023 Jennifer Lee Senior Project Manager City of Pearland 2016 Old Alvin Pearland, TX 77581 Re: Veterans Drive Improvements – Proposal for Phase II Detailed Design Engineering Services Mrs. Lee, Gauge Engineering, LLC (Gauge) is pleased to submit this proposal for engineering services of the detailed design of drainage improvements to Veterans Drive from Marys Creek to W Walnut Street. This effort will build on the project preliminary engineering report and will include the design of the recommended drainage improvements. Additionally, the contract includes Bid and Construction phase services of the recommended improvements. We propose to perform this work for the following amount: - Basic Design Phase $ 427,290.00 - Bid Phase $ 6,480.00 - Construction Phase Services $ 88,590.00 - Additional Services/Subcontracted $ 148,394.00 - Total $ 670,754.00 See Attachment A for a detailed description of the scope of work and Attachment B for an itemized level of effort breakdown. Please feel free to contact me at (713) 254-5946 if you have any questions or need additional information. Sincerely, Accepted for Client Muhammad Ali, PE Principal Signature Date Attachments: Attachment A – Scope of Work Attachment B – Level of Effort Attachment C – Survey – Kuo Attachment D – Environmental – Cypress Environmental Attachment E – Geotechnical Investigations – Aviles Attachment F – Tree Protection Plan – C N Koehl Attachment G – Structural Support – SSH DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 1 of 7 ATTACHMENT A SCOPE OF SERVICES - DESIGN VETERANS DRIVE DRAINAGE IMPROVEMENTS – DR2305 This Scope of Services outlines the professional engineering services to be performed by Gauge Engineering, LLC (Gauge) for the design of drainage improvements along Veterans Drive from Marys Creek to West Walnut Street. The design will be based on the recommendations outlined in the phase I Preliminary Engineering Report (PER). The PER identified a comprehensive improvement plan that focused on the construction of storm sewer boxes and pipes beneath the existing west roadside ditches to minimize impacts to existing pavement and account for the next phase of reconstructing Veterans Drive from a two-lane roadway to a boulevard section with two lanes in each direction. The addition of the enclosed storm sewer will improve the drainge system capacity thereby reducing flood risk. Figure 1 illustrates the extents of the project limits. Figure 1 – Project Location I. BASE DESIGN PHASE (60%, 90%, 100% and Final) A. General Plan Sheets All the general sheets including the title sheet, index, overall project layouts and general notes will be prepared in accordance with City’s drawing requirements. Other sheets include general and construction notes and survey control maps. Detention Pond DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 2 of 7 Typical sections for proposed and existing roadway will be developed. Typical sections shall include width of travel lanes, sidewalks if any, outer separations, border widths, and right-of-way (ROW). The typical section shall also include centerline, side slopes, sodding/seeding limits, station limits, etc. B. Storm Sewer: Prepare the PS&E package in accordance with the applicable City of Pearland requirements, specifications, standards, and manuals. Include the following sheets and documents, as appropriate: 1. Overall Drainage Area Map - Existing Conditions: a. Overall drainage area map extents including off-site drainage areas contributing the project limits for existing and proposed conditions, including peak discharge rates to outfalls based on H&H study results. 2. Overall Drainage Area Map – Proposed Conditions: a. The proposed overall Drainage Area map will reflect any changes in drainage patterns and outfalls from the existing conditions. 3. Detailed Drainage Area Maps: a. Detailed drainage area maps for each inlet along the project, and data tables. 4. Storm Sewer Calculations: a. This effort includes the creation of sheets to convey the results of the storm sewer analysis (see item 9 below), and the conversion of the model data to standard tabular output. 5. Storm Sewer Plan and Profile: a. This effort will include the creation of plan and profile sheets for the proposed drainage improvements along the project limits. 6. Storm Sewer Lateral Sheets: a. All horizontal storm sewer laterals will be shown with cross-sections to better show utilities and special grading considerations as needed. 7. Outfall and Headwall a. This effort will include designing the proposed headwall and outfall structure at Marys Creek. 8. Erosion Protection: a. This effort includes the design of necessary erosion control measures. The erosion protection will be designed for the worst-case scenario of a low channel WSEL and high outfall discharge rate. 9. Storm Sewer Details (Misc.): a. This effort includes the development of any non-standard details required to collect drainage along the project corridor. These designs can be spe cial inlets, grading details, or other special features to help provide better data to the contractor for construction. 10. Storm Sewer Standards: a. This includes selecting City/TxDOT drainage standards that are appropriate to support the proposed storm drainage design. 11. Storm Sewer Steady State Analysis: a. This effort includes the analysis of the drainage network with standard steady state analysis tools such as XPSWMM. The analysis will be used to properly size DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 3 of 7 the drainge network and inlets to meet City standard criteria including ponding. This effort will build on the Preliminary Engineering effort. 12. Storm Sewer Dynamic Analysis: a. The dynamic storm sewer analysis performed as part of the PER will be updated to reflect design updates to the drainage system. The dynamic analysis will be used to demonstrate compliance with the 100-yr criteria. 13. Drainage Impact Analysis Report a. The project drains to Mary’s Creek which falls under the jurisdiction of Brazoria County Drainage District No. 4 (BDD4). This task includes preparing a drainage impact analysis report to BDD4 standards and criteria. BDD4 requires submittal of a preliminary drainage plan and final drainage plan. The preliminary drainage plan will build off the previously completed preliminary engineering report and will be submitted early in the design process. The final design plan will include the 100% design drawings along with an update of the analysis to meet the drainage distric t’s requirements. 14. Alternative On-site Detention Pond Analysis – The City has requested that Gauge analyze the effectiveness of a proposed stormwater detention basin located adjacent to and east of the Veterans Drive / Fite Road intersection. The hydrologic and hydraulic models developed for the preliminary engineering report will be used for this analysis. The following tasks will be completed for the analysis: a. Develop preliminary grading plan for the proposed stormwater detention basin to determine the volume-elevation relationship. b. Update the proposed conditions hydraulic model to include the proposed detention basin and complete the hydraulic analysis. c. Evaluate the effectiveness of the stormwater detention basin in mitigating increased flows due to the project. d. If the stormwater detention basin does reduce peak flows, then Gauge will optimize the proposed storm sewer system. e. A cost estimate will be prepared for the stormwater detention basin and optimized storm sewer system to determine the most cost effective alternative. C. Water Line Design 1. Water Line Relocation Plan & Profile: a. This effort will include the creation of plan and profile sheets for the proposed water line relocation. 2. Water Line Lateral Sheets: a. All horizontal water line laterals will be shown with cross-sections to better show utilities and special grading considerations as needed. 3. Water Line Standards: a. This includes selecting standards that are appropriate to support the proposed water line design. DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 4 of 7 D. Roadway Design 1. Horizontal Alignment Data: The baseline properties will be outlined on a sheet. 2. Develop Roadway Schematic: A schematic level roadway layout will be prepared to ensure that the storm sewers properly align with the ultimate boulevard roadway section in the future. 3. Develop Initial Roadway Profile: A schematic level profile will also be developed to ensure that the necessary clearances/covers for the ultimate roadway section are achieved. 4. Roadway P&P Between Mary's Creek and Fite: Roadway sheet will be developed to restore impacted pavement due to the installation of the storm sewer boxes 5. Standard Pavement Details: All the necessary standard roadway details to restore existing pavement will be included in the design set. E. Traffic Control Plans Construction sequencing and traffic control plans (TCP) will be prepared in accordance with City guidelines. It will show detailed construction sequences and the necessary traffic control phases, complete with all barricades, signing, striping, delineation, detours any other devices, to protect the traveling public and provide safety to the construction forces. F. Signing and Pavement Markings Drawings and details will be prepared to restore existing regulatory signs and pavement markings that will be disturbed during the proposed drainage improvements. G. Storm Water Pollution Prevention Plan (SWPPP) The following items will be prepared in accordance with City/BDD4 Standard Details and Standard Specifications • SWPPP Manual if required. • Storm Water Pollution Prevention Plan drawings will show all existing and proposed streets, Project alignments, applicable notes, proposed storm water conveyance systems, overland flow arrows, and pollution prevention measures. • Pollution Prevention Plan construction quantities. H. Cross Sections and Earthwork (Cut and Fill) Quantities • Earthwork quantities worksheet will be developed • Earthwork analysis will be conducted to determine cut and fill quantities and provide final design cross sections at 50 feet intervals. • A surface model will be created that will cut the cross sections and provide cut/fill information DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 5 of 7 I. Utility Coordination 1. Private Utilities Assessment/Utility Conflict Table/Coordination • In support of utility coordination efforts, the team will request and gather all SUE QL C & D records available for utilities within the project limits. • The team will coordinate with the various utility companies to determine the location of all existing utilities. The team will perform a conflict analysis, identify potential conflicts, recommended mitigation solutions and coordinate for needed relocations. • A detailed utility conflict table will be f created and updated throughout the life of the project. • The design team will create Existing Utility layout sheets, to be included with the plan set. • The design team will obtain required signatures or approvals from other governmental agencies, public utilities, and private utilities, which may impact the Project prior to final approval by City. Governmental agencies include but are not limited to County. Utility signatures include, but are not limited to CNP Energy Gas, CenterPoint Energy Electric, and AT&T Any Letter of No Objection or Letter of No Conflict received for the project shall be included in project documentation. • The utility team shall attend the City of Pearland quarterly Utility Coordination Meetings for project updates. J. Project Management/Specifications/Agencies and Team Coordination/Quantities 1. Overall Project Management/Team Coordination/ Project Controls During each phase of the project, the project manager (PM) will oversee all work and will be responsible for directing and coordinating activities and assigned personnel. The PM will manage the project scope, schedule, budget, and quality to ensure that the project progresses as agreed. The PM will submit monthly invoices, status reports, and schedules. The PM will conduct regular coordination meetings as needed with the City, private utilities, and others. 2. Data Collection Engineer will work with the City to collect available data related to the project site including record drawings, maintenance reports, and other available data. 3. Field Visits Four field visits are budgeted to facilitate the engineer accessing and inspecting the site. Typical field visit opportunities include project initiation, survey inspection and evaluation, and periodic design related visits. 4. Coordination - Stakeholders Engineer is prepared to participate in meetings with stakeholders to coordinate modifications related to the proposed work. 5. City/BDD4/Coordination/meetings/approvals/signatures DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 6 of 7 • Regular coordination meetings with the City will be held to review the progress of the engineering effort, or to address other issues which may arise. The PM will prepare and document meeting record memorandum of decisions and action items. 6. Quantities The design team will develop and report quantities for the different deliverables. 7. Opinion of Probable Construction Costs/Construction Cost Estimate The design team will submit construction cost estimates for the different deliverables. 8. Project Manual and Specifications Design team will furnish the project manual containing the necessary front-end documents and specifications. Each standard specification will be reviewed and supplemented as necessary to suit project-specific requirements and to meet the design intent of the project and if needed will prepare additional nonstandard specifications necessary for bidding and construction of the project. K. Quality Assurance / Quality Control: A thorough Quality Assurance/Quality Control (QA/QC) Plan will be implemented to ensure overall project constructability, cost estimate accuracy, and design conformance with industry standards and client-specific requirements and preferences. II. Bid Phase 1. Assist City in preparation for the project bid advertisement. 2. Participate in Pre-bid Conference Meeting Attend and assist the City in conducting the pre-bid conference including answering questions and interpreting the drawings and specifications. 3. Prepare Necessary Addenda to Address Issues or Clarifications The team will prepare any necessary addenda to the bidding documents to address issues or make clarifications. 4. Tabulate and Evaluate the Bid Proposals and Make Award Recommendation Gauge will tabulate along with engineer’s estimate and evaluate the bids received for accuracy and any bid irregularities. An award recommendation letter will be prepared and sent to the City based on the evaluation of bids and supporting documents. III. CONSTRUCTION PHASE SERVIECS 1. Prepare and submit two (2) full size, five (5) half size and five (5) project Manual copies of conformed construction document for use by City and Contractor 2. Attend the pre-construction conference scheduled and conducted by the City. 3. Attend biweekly/monthly construction progress meetings with the City and the Contractor in attendance. DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Page 7 of 7 4. Make visits to the project sites at appropriate intervals as needed. 5. Review and fully respond promptly to Requests for Information (RFIs) and submittals to the City and the Contractor. Also, assist City in issuing Supplementary Instructions to the Contractor when necessary to correct and/or clarify plans or specifications or to avoid potential problems identified by the team. 6. Assist City with evaluating contractor’s change order and cost proposals, including changes by RFIs. 7. Attend Substantial Completion inspections (a definition of Substantially Complete is provided in the Project Manual General Conditions or as provided in Special Provisions). Engineer shall assist in preparing a list of items remaining to be completed or corrected by the Contractor (the Punch List) 8. Attend final inspections to verify all punch list items have been corrected by the Contractor. Prepare a Certificate of Final Completion and other closeout documentation for approval by the City. 9. Prepare, seal and submit the record drawings to the City within 30 days of receipt of contractor’s red-line as-built. IV. SUBCONTRACTED/ADDITIONAL ENGINEERING SERVICES See Attachments C, D, E, F, G for each sub-consultant proposal. 1. Topo Survey (Plan & Profile) - Kuo - See Attachment C for sub-consultant proposal. 2. Environmental - Cypress Environmental - See Attachment D for sub-consultant proposal. 3. Geotechnical Investigation – Aviles - See Attachment E for sub-consultant proposal 4. Tree Protection Plans - C N Koehl - See Attachment F for sub-consultant proposal 5. Structural Support for Junction Boxes - See Attachment G for sub-consultant proposal 6. USACE Permit Support (If Needed) - This effort includes coordination with the USACE and documentation to operate under a Nation Wide permit without Pre-Construction Notification. If Pre- Construction Notification is necessary, these services can be added as new additional services. 7. Printing and Reproduction/Mileage/Deliveries 8. Public Meeting 9. SUE work (If Needed) – this effort will include identifying and field locating underground utilities that might be in conflict with proposed improvements 10. Public Utility (WW) Adjustment and Modification Design – this effort will include relocating sanitary sewers that are in conflict with proposed improvements. V. SCHEDULE - 2 months – Survey, Geotechnical and Environmental investigation - 3 months – Prepare 60% design and submit to City o 2 weeks – City Review - 2 months – Prepare 90% design and submit to City o 2 weeks – City Review - 1.5 months – Prepare 100% design and submit to City o 2 weeks – City Review - 1 month – Prepare Final signed/sealed plans and submit to the City - 3 months – Bid Phase - 9 months – Construction Duration DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 I. BASIC DESIGN PHASE (60%, 90%, 100%, Final) DESCRIPTION OF WORK TASKS PROJ MGR PROJECT ENGINEER GRAD ENGINEER SR. DESIGN TECH ADMIN ASST TOTAL HOURS LABOR COSTS A.GENERAL PLAN SHEETS 1 Title Sheet 1 (Sheet)0.5 1 2 10 13.5 $1,647.50 2 Index of Drawings (1 Sheet)0.5 2 4 16 22.5 $2,742.50 3 General Notes (1 Sheet)0.5 1 2 8 11.5 $1,427.50 4 Private Utility Notes (1 Sheet)0.5 1 2 8 11.5 $1,427.50 5 General Sheets (Keyed Notes-Symbols & Abbreviations) (1 Sheet)0.5 1 2 10 13.5 $1,647.50 6 Survey Control Maps (4 Sheets)0.5 1 4 12 17.5 $2,127.50 7 Existing Typical Section (1 Sheet)1 4 8 16 29 $3,725.00 8 Proposed Typical Sections (1 Sheet)2 8 18 24 52 $6,830.00 9 Overall Project Layout Sheet (2 sheet)2 8 12 24 46 $6,050.00 Total 8 27 54 128 217 $27,625.00 B.STORM SEWER DESIGN 1 Overall Drainage Area Map - Existing Conditions (1 Sheet )2 4 8 24 38 $4,830.00 2 Overall Drainage Area Map - Proposed Conditions (1 Sheet )2 2 8 24 36 $4,480.00 3 Detailed Drainage Area Maps (4-Sheets)2 4 36 54 96 $11,770.00 4 Storm Sewer Calculations (1 Sheet)2 2 16 20 40 $5,080.00 5 Storm Sewer Plan & Profile (8 Sheet)16 48 64 128 256 $34,400.00 6 Storm Sewer Lateral Sheets (2 Sheets)4 12 20 40 76 $10,000.00 7 Outfall and Headwall (3 Sheets)4 24 32 48 108 $14,540.00 8 Erosion Protection (1 Sheet)1 4 12 16 33 $4,245.00 9 Storm Sewer Details (Misc)1 4 12 16 33 $4,245.00 10 Storm Sewer Standard Details (6-Sheets)1 8 12 21 $2,535.00 11 Strom Sewer Steady State Analysis (5-Year)4 12 40 32 88 $11,720.00 12 Strom Sewer Dynamic Analysis (100-Year)4 12 40 40 96 $12,600.00 13 Drainage Impact Analysis 4 32 64 24 124 $17,460.00 14 Alternative On-site Detention Pond Analysis 8 24 80 16 86 $18,160.00 Total 54 185 440 494 1045 $156,065.00 C.WATERLINE DESIGN 1 Water Line Relocation Plan & Profile (8 Sheets)12 40 60 80 192 $26,300.00 2 Water Line Lateral Sheets (2 Sheets)4 8 12 24 48 $6,500.00 3 Water Line Standard Details 1 12 16 29 $3,495.00 Total 16 49 84 120 269 $36,295.00 D.ROADWAY DESIGN 1 Horizontal Baseline (1 Sheet)2 6 10 18 36 $4,780.00 2 Develop Roadway Schematic 2 12 24 32 70 $9,190.00 3 Develop Initial Roadway Profile 2 12 24 32 70 $9,190.00 4 Roadway P&P Between Mary's Creek and Fite 2 8 10 18 38 $5,130.00 5 Standard Pavement Details (Pavement section)1 8 12 21 $2,535.00 Total 8 39 76 112 235 $30,825.00 E.TRAFFIC CONTROL PLANS 1 Narrative/Phasing Overview (1 Sheet)2 6 10 18 36 $4,780.00 2 TCP Phase 4 24 40 72 140 $18,220.00 3 Detour Plans 4 16 32 40 92 $12,260.00 4 TCP Standards Details 1 8 12 21 $2,535.00 Total 10 47 90 142 289 $37,795.00 F.SIGNING AND PAVEMENT MARKINGS 1 Signing & Striping Sheets (2 Sheets)2 4 8 32 46 $5,710.00 2 Pavement Marking Details 1 8 12 21 $2,535.00 Total 2 5 16 44 67 $8,245.00 G.STORM WATER POLLUTION PREVENTION PLANS (SWPPP) 1 Storm Water Pollution Prevention Plan Sheets (4 Sheets)2 4 8 32 46 $5,710.00 2 Storm Water Pollution Prevention Details (2 Sheets)1 8 12 21 $2,535.00 Total 2 5 16 44 67 $8,245.00 H.CROSS SECTIONS 1 Earthwork Quantities 2 12 20 36 70 $9,110.00 2 Cross Sections (8 Sheets)8 24 40 72 144 $19,120.00 Total 10 36 60 108 214 $28,230.00 VETERANS DRIVE DRAINAGE IMPROVEMENTS DESIGN AND CONSTRUCTION ADMINISTRATION/PS&E - LEVEL OF EFFORT ATTACHHMENT B Page 1 of 3 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 I.UTILITY COORDINATION 1 Gather and document SUE QL C /D 2 4 8 14 $2,190.00 2 Private Utility Assessment, Conflict Analysis and Coordination 8 16 24 48 $7,720.00 3 Existing Utility Layouts 2 2 8 12 24 $3,160.00 4 Utility Conflict Matrix - Create and Maintain 4 8 16 28 $4,380.00 5 Obtain plan signatures & record Letters of No Conflict/Objection 1 2 3 $435.00 6 Quarterly Utility Meetings 6 6 6 18 $3,180.00 Total 22 37 64 12 135 $21,065.00 J.Project Management/Specifications/Agencies and Team Coordination/Quantities 1 Overall Project Management/Team Coordination/ Project Controls 16 32 16 12 76 $12,300.00 2 Data Collection 4 12 8 24 $3,140.00 3 Field Visits 12 12 8 32 $4,540.00 4 Coordination - Stakeholders 4 12 8 12 36 $5,360.00 5 City/BDD4/Coordination/meetings/approvals/signatures 16 24 16 56 $9,880.00 6 Quantities 2 16 40 58 $8,450.00 7 Opinion of Probable Construction Costs 2 8 24 34 $4,970.00 8 Project Manual & Specifications 4 16 24 44 $6,820.00 Total 44 124 152 28 12 360 $55,460.00 K.QUALITY ASSURANCE/QUALITY CONTROL 1 QA/QC up to 3 Submittals 12 20 28 40 100 $14,240.00 2 Independent Constructability Review 8 8 16 $3,200.00 Total 20 28 28 40 116 $17,440.00 TOTAL HOURS 196 582 1080 1272 12 3014 Contract Labor Rate $225.00 $175.00 $130.00 $110.00 $85.00 TOTAL LABOR COSTS BASIC ENGINEERING SERVICES $44,100.00 $101,850.00 $140,400.00 $139,920.00 $1,020.00 $427,290.00 II. BID PHASE DESCRIPTION OF WORK TASKS PROJ MGR SR PROF ENGINEER GRAD ENGINEER SR. DESIGN TECH ADMIN ASST TOTAL HOURS LABOR COSTS L.Bid Phase 1 Prepare Advertisement For Bid Document 1 2 2 $835.00 2 Participate in Pre-bid Conference Meeting 1 4 4 9 $1,445.00 3 Prepare Necessary Addenda To Address Issues or Clarifications 1 4 8 8 21 $2,845.00 4 Tabulation of Bids & Evaluate the Bid Proposals & Make Award Recommendation 2 4 8 14 $2,190.00 Total 5 14 22 8 0 44 $6,480.00 III. CONSTRUCTION PHASE SERVICES DESCRIPTION OF WORK TASKS PROJ MGR SR PROF ENGINEER GRAD ENGINEER SR. DESIGN TECH ADMIN ASST TOTAL HOURS LABOR COSTS M.Construction Phase Services (12 months) 1 Prepare construction documents 1 8 8 17 $1,895.00 2 Preconstruction Meeting 4 4 2 10 $1,860.00 3 Attend bi-weekly/monthly construction progress meetings 6 24 24 54 $8,670.00 4 Periodic Site Visits - As needed 4 40 80 124 $18,300.00 5 Review pay apps, submittals, RFI’s, & other data 12 80 160 8 260 $38,180.00 6 Change Order Support - As needed 2 8 16 26 $3,930.00 7 Substantial & Final Walkthroughs (2)16 16 32 $4,880.00 8 Develop Punch list and Substantial & Final Certificate Completion (2)16 16 32 $4,880.00 9 Finalize As-built Drawings 1 6 16 24 47 $5,995.00 Total 29 195 338 24 16 585 $88,590.00 TOTAL HOURS 29 195 338 24 16 585 Contract Labor Rate $225.00 $175.00 $130.00 $110.00 $85.00 TOTAL LABOR COSTS BASIC ENGINEERING SERVICES $6,525.00 $34,125.00 $43,940.00 $2,640.00 $1,360.00 $88,590.00 Page 2 of 3 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 IV. ADDITIONAL SERVICES/SUBCONTRACTED DESCRIPTION OF WORK TASKS COST SUB MGMT TOTAL 1 Topo Survey (Plan & Profile) - Kuo (Attachment C)$30,640.00 10%$33,704.00 2 Environmental - Cypress Environmental (Attachment D)$3,900.00 10%$4,290.00 3 Geotechnical Investigation - Aviles (Attachment E)$23,793.00 10%$26,172.30 4 Tree Protection Plans - C N Koehl (Attachment F)$6,207.00 10%$6,827.70 5 Structural Support for Junction Boxes - SSH (Attachment G)$14,000.00 10%$15,400.00 6 USACE Permit Support (If Needed)$20,000.00 10%$22,000.00 7 Printing and Reproduction/Mileage/Deliveries $5,000.00 8 Public Meeting $10,000.00 9 SUE work (If Needed)$10,000.00 8 Public Utility (WW) Adjustment and Modification Design $15,000.00 TOTAL SUBCONTRACTED ENGINEERING SERVICES $148,394.00 I. BASIC DESIGN PHASE (60%, 90%, 100%, Final)$427,290.00 II. BID PHASE $6,480.00 III. CONSTRUCTION PHASE SERVICES $88,590.00 IV. ADDITIONAL SERVICES/SUBCONTRACTED $148,394.00 $670,754.00 GRAND TOTAL Page 3 of 3 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 10300 Westoffice Drive, Ste. 800 Houston, TX 77042 Phone: (713) 975-8769 Fax: (713) 975-0920 Engineering Firm Reg. No. F-4578 Surveying Firm Reg. No. 10075600 www.kuoassociates.com May 16, 2023 Karam Qaddo, PE Project Manager Gauge Engineering 11750 Katy Freeway, Suite 400 Houston, TX 77079 Re: Veterans Drive (DR2202), City of Pearland Topographic Surveying Dear Mr. Qaddo: Kuo & Associates, Inc. is pleased to submit this proposal to perform the following for the above referenced project. Item Services Item-1 Topographic Surveying Item-2 Basemap Plan & Profile Item-3 Survey Control Map Scope of work and fee will be as follows: SCOPE OF WORK Following streets will be surveyed as marked on the attached exhibit: Streets From To Quantity (LF) Veterans Dr South edge of bridge over Marys Creek W. Walnut St 3,300 Brazos Bend Dr 100' west of Veterans Dr 100' east of Veterans Dr 200 Summer Lane Veterans Dr 100' to east 100 Fitte Road Veterans Dr 100' to west 100 Total 3,700 In general, the scope for work will be including the following items and tasks: Item 1: Topographic Survey • Horizontal and vertical controls will be established and tied to the Texas State Plane Coordinate System, South Central Zone NAD 83 and datum NAVD 88. The survey will be tied to the City of Pearland monument (if available) or nearby NGS monument. Survey will also be tied to the nearby TSARP monument. • Cross sections will be surveyed at every 100 feet interval along the project route. • All planimetric features will be surveyed along the corridor for a minimum width of ROW+20’ or up to the fence. • All visible existing utilities (i.e., manholes, culverts, power poles, etc.) will be located and pipe size and flow line measure downs in the manholes, inlets (as available and that can be opened) will be obtained. • Survey bridge super and sub structure elements including but not limited to low chord, abutments, piers, etc. Also include attached utilities. ATTACHMENT C DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 May 16, 2023 Proposal for Topo Survey Veterans Drive Page No. 2 • Survey 100’ of creek from either side of bridge face. Include two cross sections including one at the face of the bridge and another 100’ away in each direction. • Texas one-call system will be notified, and pipeline companies will be contacted to probe and mark their pipeline (if any) locations to be tied to the survey. • Attempt will be made to recover and verify enough monumentation along the existing roadway to establish estimated right-of-way lines for topographic surveying scope. The task of establishing estimated ROW may involve some limited abstracting and deed research, however, detail boundary category survey is excluded in determination. • Signed and sealed field books containing notes as well as ASCII files of point numbers, coordinates, and descriptions will be provided. • Boreholes will be located in the field and will be shown in the AutoCAD plan drawing. Item 2: Basemap Plan & Profile • Coordinate with private utility companies and City of Pearland for record drawings • Perform utility research and delineation of underground utility lines from available record drawing and surveyed information. • Prepare DTM/TIN model. • Prepare profile for ground lines corresponding to the center line of the street, center line of the ditch/curb lines, right-of-way lines for the streets as shown in the attached table. • Prepare profile view of existing utilities for the same streets from available record and field information. • All deliverables will be as long strip in the AutoCAD/DGN format with side text on the top and bottom boundary of the drawing. Item 3: Survey Control Map • A survey control map will be prepared showing swing ties to traverse and baseline points as well as TBM’s. The survey control map will be signed and sealed by a Registered Professional Land Surveyor in charge of the project. Exclusions: To our understanding the following and any tasks not mentioned in the above items are excluded from the scope of this proposal • Boundary level survey for determining the right of way of the street. Estimated ROW will be shown as part of scope of topographic survey. • Any Level A and B SUE related work • Construction phase survey (including staking design centerline) • Preparing cut sheets Deliverables: The deliverables will include the following: • CAD drawing of topo survey • PDF of signed and sealed survey control map • DTM/TIN model • ASCII file of survey data • Copy of Survey field book if requested. • Copy of record utility drawing if requested. DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 May 16, 2023 Proposal for Topo Survey Veterans Drive Page No. 3 FEE AND SCHEDULE: We estimate following lump sum fees for the above referenced works follows: Item Description Fee Item 1 Topographic Surveying $20,860.00 Item 2 Basemap Plan & Profile $7,900.00 Item 3 Survey Control Maps $1,880.00 Total $30,640.00 We anticipate 6 to 8 weeks to complete the work. We appreciate this opportunity to submit this proposal. If you need further information, please do not hesitate to contact me. Sincerely, Accepted by: Shaheen Chowdhury, P.E., R.P.L.S. __________________ President Name: Title: Company: DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 May 16, 2023 Proposal for Topo Survey Veterans Drive Page No. 4 Street 3700 LF (road) Item 1: Level of Efforts for Topographic Survey Survey Tasks sub tasks RPLS SIT CADD Crew Hrs Cost Total $150.00 $110.00 $95.00 $160.00 Survey Controls Setting controls 4 4 $640.00 Tie to project benchmark 1 2 3 $430.00 Horizontal control work 1 4 5 $750.00 Vertical control work 2 8 10 $1,500.00 $3,320.00 Topo Survey One Call & Private utility coordination 2 2 $220.00 Limited Abstracting for ROW $500.00 Estimated ROW 2 4 4 10 $1,380.00 Surveying roadway & topo features 24 56 80 $11,240.00 Survey 100' of creek from face of bridge to the east and west 2 4 6 $830.00 Survey bridge over Mary's Creek 2 4 6 $830.00 Borehole survey 1 4 5 $735.00 Manhole inverts 1 2 3 $415.00 QC/QA 4 4 8 $1,240.00 $17,390.00 Project Management Proj Management 1 $150.00 $150.00 Total $20,860.00 Item 2: Level of Efforts for Basemap Plan & Profile Tasks sub tasks RPLS SIT CADD Crew Hrs Cost Total $150.00 $110.00 $95.00 $160.00 Plan & Profile Utility research 2 2 $220.00 Preparation of DTM 16 6 22 $2,330.00 Topo & Utility Plan 24 24 $2,280.00 Ground & utility profile 24 24 $2,280.00 QC/QA 4 2 6 $790.00 $7,900.00 item 3: Level of Efforts for Survey Control Maps Survey Tasks sub tasks RPLS SIT CADD Crew Hrs Cost Total $150.00 $110.00 $95.00 $160.00 Survey Control Map Preparing Survey control map 2 4 12 18 $1,880.00 $1,880.00 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3     Cypress Environmental Consulting LLC Page | 1 10605 Grant Road, Suite 106 Houston, Texas 77070 www.cypressec.com   May 12, 2023 Muhammad Ali, P.E. Gauge Engineering 11750 Katy Freeway, Suite 400 Houston, Texas 77079 Subject: Proposal for Phase I Environmental Site Assessment (ESA) Veterans Drive from W Walnut St to Mary’s Creek Pearland, Brazoria County, Texas 77584 Dear Mr. Ali, Cypress Environmental Consulting LLC (CEC) appreciates the opportunity to submit this proposal to provide environmental services to Gauge Engineering (Client) for a Phase I Environmental Site Assessment (ESA) for the Veterans Drive project located in Pearland, Brazoria County, Texas 77584 (Attachment 1). It is understood that the proposed roadway improvement project would be conducted along an approximately 0.57 mile segment of Veterans Drive from W Walnut Street to Mary’s Creek, within the City right-of-way totaling approximately 7.3 acres. Per your request, CEC herein submits for your consideration this proposal outlining our proposed scope and cost for the environmental services discussed below. SCOPE OF WORK Task 1: Phase I ESA Report The goal of the Phase I ESA is to identify potential Recognized Environmental Conditions (RECs) within the project area, and/or nearby offsite properties. CEC will conduct a Phase I ESA in accordance with the American Society for Testing and Materials (ASTM) Standard E 1527-13, adapted for project- specific conditions as appropriate. The Phase I ESA Report will include a description of the findings from the site history, records review, interviews, and site reconnaissance with conclusions concerning documented or suspected RECs. Following completion of the draft Phase I ESA Report, minor comments and/or edits will be incorporated and the report will be finalized for submittal. The draft and final reports will be delivered in electronic format. SCHEDULE AND COST ESTIMATE The scope of work can be completed with the following anticipated schedule: Task Activity Target Date 1 Draft Phase I ESA Report 5 weeks Final Phase I ESA Report 2 weeks after receipt of comments on draft report ATTACHMENT D DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3     Cypress Environmental Consulting LLC Page | 2 10605 Grant Road, Suite 106 Houston, Texas 77070 www.cypressec.com Cost It is anticipated that the project will be completed on a lump-sum basis, to be billed to the client monthly on a percent-complete basis. Task 1: Phase I ESA Report .................................................................................................................................. $3,900.00 TOTAL COST ....................................................................................................................................................... $3,900.00 Requested Information and Property Access CEC requests that the client or other agent for the subject property ensure legal and physical access to the site. Additionally, CEC requests that any readily available schematics for the property such as plot plans, blueprints, or survey plats be provided to aid in the performance of this assessment. Proposal Acceptance & Authorization to Proceed Thank you for the opportunity to provide this proposal to assist you with this project. A work authorization from an agent for the client will be required for CEC’s authorization to proceed with the assessment. Please contact me directly at (832) 661-5639 should you have any questions or comments regarding this proposal. Sincerely, Melissa Fontenot President Cypress Environmental Consulting LLC Attachment DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3     Attachment 1 Project Location Map DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3    DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 5790 Windfern • Houston, Texas 77041 • (713) 895-7645 • Fax (713) 895-7943 May 11, 2023 Mr. Karam Qaddo, P.E. Gauge Engineering 11750 Katy Freeway, Suite 400 Houston, Texas 77079 Re: Geotechnical Investigation Proposal City of Pearland Veterans Drive Improvements From W. Walnut Street to Mary’s Creek Pearland, Texas AEC Proposal No. G2023-05-06 Dear Mr. Qaddo, Aviles Engineering Corporation (AEC) is pleased to present this geotechnical investigation proposal for the City of Pearland’s proposed Veterans Drive Improvements project, from W. Walnut Street to Mary’s Creek, in Pearland, Texas. Based on the schematic drawing provided, the project includes installation of various sized reinforced concrete box (RCB) storm sewers and 12 inch diameter waterline along the project alignment. The storm sewer will outfall into Mary’s Creek. According to you, the storm sewer will have an invert depth ranging from 8 to 10 feet. AEC assumes the storm sewer will be installed by open cut method and the waterline will be installed by trenchless method. As directed, recommendations for the proposed roadway widening from 2 lanes to 4 lanes is not included in AEC’s scope of services for this project. AEC proposes to drill a total of five soil borings ranging from 20 to 25 feet deep along the project alignment. The total drilling footage is 105 feet. AEC will also install two piezometers each to 20 feet deep to monitor groundwater levels along the project alignment. A Proposed Boring Location Plan is presented on Plate 1, in the Attachments. We will perform a site reconnaissance prior to drilling and mark the boring locations. We will also contact the Texas 811 System to confirm utility locations; however, Texas 811 does not locate water, sanitary, or storm sewer lines. We request that any existing underground utility drawings of the project alignments be provided to AEC prior to mobilization of the drill rig. Based on aerial photographs, AEC assumes that a truck mounted drilling rig will be able to access the boring locations. The existing pavement along Veterans Drive appears to be asphalt; AEC assumes concrete coring is not necessary. Traffic control along Veterans Drive will be required in order to drill the soil borings. For the borings, we will collect samples continuously from the ground surface to a depth of 20 feet, and then at 5 foot intervals until the boring termination depths. Undisturbed samples will be obtained of cohesive soils by pushing a Shelby tube (ASTM D-1587). Standard Penetration Test samples will be obtained of granular soils (ASTM D-1586). Representative portions of all soil samples will be sealed, packaged, and transported to our laboratory. We will note any visual evidence or odor indicating hazardous materials if encountered in the samples. Water level readings will be noted during drilling and obtained upon completion of drilling. Borings B-1 and B-5 will be converted to piezometers upon completion of drilling. The remaining borings will be grouted using cement-bentonite upon completion of drilling. Existing pavement at Borings B-2 through B-5 will patched with cold-placed asphalt. The piezometers will be monitored 24 hours after installation and after 30 days. The piezometers will then be plugged and abandoned after the final readings are taken. As part of our services, we will review in-house published fault maps to identify documented faults crossing the alignment. Laboratory testing may consist of moisture contents, Atterberg limits, percentage ATTACHMENT E DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 City of Pearland Veterans Drive Improvements Pearland, Texas AEC Proposal No. G2023-05-06 Page 2 of 3 passing No. 200 sieve, sieve analysis, unconfined compression, and unconsolidated-undrained triaxial tests depending on the soil types encountered. We will analyze the field and laboratory data to develop geotechnical engineering recommendations for: (i) pipe loading, trench excavation, shoring (including generalized lateral pressure diagrams only), bedding, groundwater control, and backfill for storm sewer installed by open cut method; (ii) auger pit excavation and shoring and auger face stability for waterline installed by trenchless/auger method; (iii) pavement restoration recommendations, including thickness design and subgrade preparation; and (iv) construction and groundwater control recommendations for the proposed improvements. We will present our findings and recommendations in an engineering report (electronic copies only). The estimated lump sum fee for our services is $23,793.00 as presented on the Itemized Fee Estimate in the Attachments. The fees are based on the following assumptions: (1) the field personnel will use Level D protection during the field exploration; (2) no standby time (weather-related or incurred due to reasons beyond our control) is included; and (3) surveying, environmental testing and evaluation, and construction document review are not included. After receiving notice to proceed and right of entry to private properties along the alignment, AEC will perform a site reconnaissance within 3 days and contact Texas 811 to clear utilities at the boring locations. Weather permitting, and assuming no field delays, we plan to start the field exploration about 1 to 2 weeks after all utilities are cleared. The field exploration will take approximately 1 to 2 days. Laboratory soil testing will require four to five weeks to complete after completion of the drilling, and the draft geotechnical report will take two weeks after laboratory testing is completed. We will submit the final geotechnical report two weeks after we receive review comments on the draft report. The provided time frame is an estimate based on AEC’s current schedule at the time this proposal was written and will remain valid for 60 days from the date of the proposal. If project authorization is received after 60 days, then the schedule estimated herein may be subject to change. If any of the project details described in this proposal are incorrect or the scope described or the assumptions listed need to be revised, please inform us immediately so we can revise the proposal as necessary. Please sign and return this proposal (including terms and conditions) or issue AEC an Professional Services Agreement (referencing this proposal) to authorize AEC to proceed with the services. We appreciate the opportunity to present this proposal and look forward to working with you. AVILES ENGINEERING CORPORATION (TBPELS Firm Registration No. F-42) Wilber L Wang, P.E. Senior Engineer Attachments: Terms and Conditions, Itemized Fee Estimate, Boring Location Plan DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 City of Pearland Veterans Drive Improvements Pearland, Texas AEC Proposal No. G2023-05-06 Page 3 of 3 GEOTECHNICAL INVESTIGATION TERMS AND CONDITIONS STANDARD OF CARE The CLIENT recognizes that actual subsurface conditions can vary from those observed and/or encountered at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data interpretations and recommendations by AVILES ENGINEERING will be based solely on information available to the AVILES ENGINEERING during the investigation. AVILES ENGINEERING is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties’ interpretations or use of the information developed. The CLIENT should expect AVILES ENGINEERING to perform Services under this PROPOSAL/AGREEMENT 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. SCOPE OF SERVICES AVILES ENGINEERING will develop a scope of services based on the project information provided by the CLIENT. AVILES ENGINEERING shall not be responsible for problems arising due to inadequate number of borings and/or depths dictated or required by others or inadequate engineering analyses, if the CLIENT reduces the scope of services and/or provides insufficient or invalid project or other relevant information to AVILES ENGINEERING. In the event the CLIENT or his representative orders work described in this PROPOSAL/AGREEMENT, that action shall constitute the CLIENT’s acceptance of this PROPOSAL/AGREEMENT and its terms and conditions SITE ACCESS AND SITE CONDITIONS The CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for AVILES ENGINEERING to perform the services described in this PROPOSAL/AGREEMENT, as well as provide location data for all below and above ground structures, pipelines, and utilities. For such items encountered, not called to the attention of AVILES ENGINEERING, the CLIENT shall assume responsibility for any resultant damages. AVILES ENGINEERING will take reasonable precautions to minimize damage to the site, but it is understood by the CLIENT that, in the normal course of work, some damage may occur, and the correction of such damage is not part of this AGREEMENT. The CLIENT will notify AVILES ENGINEERING of any known toxic and/or hazardous materials on site and shall assume responsibility for the cost of occurrences due to unknown toxic and/or hazardous materials on site. BILLING AND PAYMENT The CLIENT will pay AVILES ENGINEERING the lump sum amount(s) shown in the PROPOSAL/AGREEMENT. Invoices will be submitted to the CLIENT by AVILES ENGINEERING and will be due and payable within thirty (30) days of the invoice date. CLIENT will pay an additional charge of 1.5 percent per month on any delinquent amount and agrees to pay attorney’s fees and/or other costs involved in any required collection activity. LIMITATION OF LIABILITY / INDEMNIFICATION If at any time, there shall be or arise any liability on the part of AVILES ENGINEERING by virtue of this Agreement or because of the relation hereby established, whether due to the negligence of AVILES ENGINEERING (including gross negligence) or otherwise, such liability is and shall be limited to a sum equal in amount to the fee charged by AVILES ENGINEERING. AVILES ENGINEERING and CLIENT agree to indemnify each other from any claims, etc., including attorney’s fees and litigation costs, to the proportionate extent caused by each party’s own negligence. If AVILES ENGINEERING is found to be prevalent in any third party lawsuits relating to this AGREEMENT, the CLIENT shall pay all AVILES ENGINEERING costs, including legal fees, that were incurred as a result thereof. DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Geotechnical Investigation City of Pearland Veterans Drive from W Walnut Street to Mary's Creek Pearland, Texas AEC Proposal G2023-05-06 05/11/2023 A. FIELD EXPLORATION QTY UNIT RATE AMOUNT Truck Rig Mobilization/Demobilization 1 LS @ $475.00 $475.00 Daily Drill Crew Travel 2 day @ $140.00 $280.00 Stake Boring Locations (Project Geologist) 8 hrs. @ $165.00 $1,320.00 Field Coordination and Utility Clearance (Project Geologist)4 hrs. @ $165.00 $660.00 Concrete Coring, 6" Dia. to 6" Thick (Min. Charge $600)0 ea. @ $170.00 $0.00 Concrete Coring, 6" to 12" Thick 0 in. @ $16.00 $0.00 Boring Logging (Senior Technician)16 hrs. @ $90.00 $1,440.00 Soil Boring, Continuous 3-in (0'-20') 100 ft. @ $25.00 $2,500.00 Soil Boring, Intermittent 3-in (20'-25') 5 ft. @ $23.00 $115.00 Backfill of Completed Boring (Cement-Bentonite) 65 ft. @ $12.00 $780.00 Asphalt Patch 4 ea. @ $30.00 $120.00 Piezometer Installation 40 ft. @ $24.00 $960.00 Piezometer Monitoring (Senior Technician) 12 hrs. @ $90.00 $1,080.00 Piezometer Abandonment 40 ft. @ $20.00 $800.00 Site Cleanup (Technician) 2 hrs. @ $65.00 $130.00 Drill Crew Standby Time (Crew of two) 0 hrs. @ $300.00 $0.00 Vehicle Charge 24 hrs. @ $12.00 $288.00 $10,948.00 B. TRAFFIC CONTROL Traffic Control Subcontractor 2 day @ $975.00 $1,950.00 $1,950.00 C. GEOTECHNICAL LABORATORY TESTING Atterberg Limits (ASTM D-4318) 15 ea. @ $71.00 $1,065.00 Percent Passing #200 Sieve (ASTM D-1140) 12 ea. @ $55.00 $660.00 Sieve Analysis (ASTM D-422) 3 ea. @ $65.00 $195.00 Moisture Content of Soils by Mass (ASTM D-2216) 51 ea. @ $11.00 $561.00 Unconfined Compressive Strength (ASTM D-2166) 6 ea. @ $51.00 $306.00 Unconsolidated-Undrained Triaxial Compression (ASTM D-2850) 9 ea. @ $72.00 $648.00 $3,435.00 D. PROJECT MANAGEMENT, ENGINEERING & REPORT PREPARATION Principal, P.E. 0 hrs. @ $250.00 $0.00 Senior Engineer, P.E. 2 hrs. @ $205.00 $410.00 Project Engineer, P.E. 24 hrs. @ $165.00 $3,960.00 Graduate Engineer 24 hrs. @ $115.00 $2,760.00 Project Geologist, P.G. 2 hrs. @ $165.00 $330.00 Drafting Support 0 hrs. @ $85.00 $0.00 Reproduction/Report (Electronic Copies Only) 0 ea. @ $30.00 $0.00 $7,460.00 $23,793.00 SUBTOTAL TOTAL ESTIMATED FEE ITEMIZED FEE ESTIMATE 5 Borings Total: 4@20',1@25'. 2 PZs Total: 2@20' SUBTOTAL SUBTOTAL SUBTOTAL Z:\Engineering\Proposal\2023\G2023-05-06 City of Pearland Veterans Drive - Gauge\G2023-05-06 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 SCALE: AVILES ENGINEERING CORPORATION PROPOSED BORING LOCATION PLAN VETERANS DRIVE IMPROVEMENTS FROM W WALNUT STREET TO MARY’S CREEK PEARLAND, TEXAS 1” = 200’ AEC PROPOSAL NO.: G2023-05-06 DRAFTED BY: WLW DATE: 05-11-2023 PLATE NO.: PLATE 1 SOURCE DRAWING PROVIDED BY:Gauge/Google PZ-1 (20’) B-1 (25’) GRAPHIC SCALE, FT 0 100 200 B-2 (20’) Proposed Piezometer and (Depth in feet) Proposed Boring and (Depth in feet) LEGEND: PZ-X (X’) B-X (X’) Notes: 1) Boring locations may be adjusted in the field as necessary for drill rig access or to avoid utility conflicts. 2) Site plan is ‘best fit’ to aerial. B-3 (20’)B-4 (20’) PZ-2 (20’) B-5 (20’) DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 CC..NN.. KKooeehhll Urban Forestry, Inc. 210 Stone Bush Ct. ◦ Katy, Texas 77493 ◦ Phone 281-391-0022 ◦ ckoehl@koehlurbanforestry.com May 10, 2023 Mr. Karam M. Qaddo, P.E. Project Manager Gauge Engineering 11750 Katy Freeway, Suite 400 Houston, Texas 77079 Re: Proposal for Urban Forestry Consulting Services on the City of Pearland, Veterans Drive Reconstruction Project. Project Number: TR2601 Dear Mr. Qaddo, As per your request, C.N. Koehl Urban Forestry, Inc. proposes to provide technical assistance for tree preservation/protection during design phase of the City of Pearland, Veterans Drive Reconstruction Project (2,650 l.f.). Our tree preservation planning will help to ensure long term tree survival and continued growth, and address trees that could lose too much structural root system. We look forward to providing you and the City of Pearland the technical assistance needed for successful tree preservation. We are willing to provide services in whatever capacity you and the City deem appropriate, however, the following scope of services has worked well on similar projects in the past. PHASE 2 – SERVICES FOR PROJECT DESIGN Field Evaluation/Site Visit We will walk both sides of each street where construction is proposed to evaluate the specific impacts of proposed construction design and the preservation feasibility of each tree. Proposed construction activity adjacent to each tree will be evaluated to determine impacts on long-term tree survival. The field evaluation/site visit will be scheduled in conjunction with our 60% Submittal Tree Preservation Plan. Fee for Field Evaluation/Site Visit Degreed Urban Forester - 6.0 hours @ $140.00/hour……. $840.00 Field Tech (Accompany for safety) – 6.0 hrs @ $95.00…. $570.00 80 miles @ $0.60/mile…………………………………….. $48.00 Sam Houston Tollway tolls………………………………… $9.00 60% Submittal Tree Preservation Plan The plan and profile drawings, provided by the engineer, will be reviewed between the 30 and 60 percent submittals, to determine treatment for each tree. Each tree will be numbered on the drawings. A tree treatment schedule will list each tree by ATTACHMENT F DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Mr. Karam Qaddo, PE Veterans Drive Forestry Proposal Page 2 of 4 number, species, diameter, condition, and recommended treatment. Each tree (public and private) adjacent to construction activity will be evaluated to ensure that construction activity will not destroy too much of root system. Should we find any conflicts with proposed construction we will make recommendations for minor design changes or for removal of the tree. Recommendations for minor design changes, such as shifting fire hydrant, tees, fittings or service taps & leads will be redlined on plan and profile drawings copied to our Tree Submittal Form with a brief description of recommended changes and e-mailed to your office. Design change recommendations can then be reviewed by engineer and client to determine feasibility. After we receive your comments on our design change recommendations we will develop an Autocad drawn tree protection plan which will identify the mitigative and protective treatments needed to ensure long term tree survival. Plan and profile drawings, provided by the engineer, will be used to indicate each tree by number, and exact location of preservation treatments (protection fencing (which identifies to contractor where bore pits or come out holes cannot be located) root pruning trench, hand digging service leads immediately adjacent to trees, etc.). A specification, addressing tree protection, will be provided to address all recommendations made in the treatment schedule and on the plans. Any replacement planting that may be necessary to comply with Tree Ordinance will be included on the tree protection plan and a specification section provided. Details for tree treatments will be included in the tree protection plan. Quantity totals and cost estimates for each tree treatment will be provided. The tree protection plan, specifications, and quantity totals and cost estimates will be emailed to you so that your staff may use the specs and quantity estimates as needed and plot the tree protection plan as it is needed. The tree protection plan will include our logo with a signature line, which we provide a signed PDF file at the mylar stage. The tree protection plan, specifications and quantity/cost estimate can be included in your 60% submittal so that the City’s staff can review our plan and provide comments prior to the final submittal. We will need 12-15 business days to schedule and complete the field evaluation and 60% submittal tree preservation plan. Fee for 60% Submittal Tree Preservation Plan 16.0 hours @ $140.00/hour………….. ……….……………….$2,240.00 90% Submittal Tree Preservation Plan and Specifications We will review the construction design between the 60% and 90% submittal, following comments from the City on recommendations made in the 60% submittal, to ensure that any design changes that may have been made in the civil design are incorporated into the tree protection plan. Changes necessary to the tree protection plan will be completed in the DWG drawings and resubmitted to engineer for plotting. Quantity/Cost estimates, and specifications will be updated and forwarded to engineer for inclusion in project. We will need 7-10 business days to complete the Final Evaluation and Plan. Fee for 90% Submittal Preservation Plan and Specifications 6.0 hours @ $140.00/hour …………………………………….$840.00 DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Mr. Karam Qaddo, PE Veterans Drive Forestry Proposal Page 3 of 4 Final Evaluation/Tree Preservation Plan and Specifications We will review the construction design just prior to the final submittal, following comments from the City on recommendations made in the 90% submittal, to ensure that any design changes that may have been made are incorporated into the final tree preservation plan. Changes necessary to the tree preservation plan will be completed in the DWG drawings and resubmitted to engineer for final plotting. Quantity/Cost estimates, and specifications will be finalized and forwarded to engineer for inclusion in project. We will need 7-10 business days to complete the Final Evaluation and Plan. Fee for Final Tree Preservation Plan and Specifications 5.0 hours @ $140.00/hour …………………………………….$700.00 Drafting AutoCAD (DWG) files of Tree Preservation Plan We do have AutoCAD capabilities and will provide a CAD drawn document. We will need the electronic files of proposed construction in DWG format. We will use the project title block and insert plan drawings at a 1:40 scale, double banked on each sheet, similar to most traffic control plans. Tree treatment schedule will be included on each sheet which will call out treatments for each specific tree. This format typically allows us to fit approximately 1,200-1,500 l.f. per plan sheet, which would give us 2-3 sheets on this project. Two sheets with project details and list of tree removals will also be included, which would give us a total of 4 to 5 sheets. The drawings will be emailed or uploaded to FTP site, so that you may plot the files as you need them. CAD drafting will be completed in conjunction with the Preliminary and Final Plans. No additional time required. Fee for Drafting DWG files of the Tree Preservation Plan 16.0 hours @ $60.00/hour ……………………………….$960.00 Total Phase 2 Fees Urban Forestry Services for development of Tree Protection Plan…..$5,247.00 Drafting Services Fee for DWG files…………………………………….$960.00 Total Fee for CAD drawn Tree Protection Plan………………………..$6,207.00 We have utilized the services contained in this proposal on similar projects for The City of West University Place Infrastructure Replacement Program, City of Pearland Street Reconstruction, City of Pearland Water and Sanitary replacement projects, City of Houston Neighborhood Street Reconstruction Program, City of Houston Surface Water Transmission Program, City of Missouri City Street Reconstruction, City of Friendswood Street Reconstruction, City of Piney Point Street Reconstruction, City of Humble Street Reconstruction, City of Texas City Street Reconstruction, City of Sugarland Street Reconstruction, City of Southside Place Street Reconstruction and numerous City of Houston waterline and sewer projects in the past. DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Mr. Karam Qaddo, PE Veterans Drive Forestry Proposal Page 4 of 4 It is our goal to provide you the most effective, efficient, and value added services we can provide. We are willing to provide services in whatever capacity you deem appropriate, be it all services outlined herein, or a desired few. All fees included in this proposal should be considered not to exceed fees, as we will invoice only for time and mileage needed in each step. Time will be invoiced at $140.00/hour for urban forester, $95.00/hour for field tech and $60.00/hour for draftsman, and mileage at $0.60/mile. If this proposal meets with your approval and you would like to retain our services, please forward your standard agreement or a notice to proceed, and we will schedule the work to meet your project submittals. We greatly appreciate the opportunity to present this proposal and look forward to working with you on this project. If you have any questions or would like to make any changes, please do not hesitate to call me at 281-391-0022. Respectfully submitted, Craig Koehl Urban Forestry Consultant DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 3301 Edloe Street, Suite 200 · Houston, Texas 77027 Phone: (713) 776-9433 · Fax: (713) 776-2439 · Email: info@sshinc.net TBPE Registration No. F-175 · www.sshinc.net May 12, 2023 Mr. Karem Qaddo, P.E. Project Manager Gauge Engineering 11750 Katy Freeway, Suite 400 Houston, Texas 77079 Re: City of Pearland – Veterans Drive Junction Boxes Dear Muhammad, We appreciate the opportunity to offer this proposal to provide Structural Engineering services on the above referenced project. Our services will include providing you with design and drawings for four proposed junction boxes, of varying sizes with manholes, using drawing detailing similar to other junction boxes previously designed by us for Gauge. We will provide these services for the lump sum fee of $14,000.00. Reimbursable expenses such as fees, printing, plotting, delivery services, travel, etc. will be billed at cost, plus 10%, in addition to the lump sum fee and shall not exceed $500.00. We will invoice monthly on a percent complete basis. All invoices are due net thirty days. Our proposal does not include civil engineering services, MEP engineering services, or geotechnical engineering services. Any changes, budgetary or other reasons, to the drawings made by the owner after the drawings have been completed, will be billed hourly or at a predetermined fee as additional scope of work. If the project is canceled or placed on hold, we will invoice for a percentage of the fee based on the stage of completion of the drawings and design. ATTACHMENT G DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3 Gauge Engineering City of Pearland – Veterans Drive Junction Boxes May 12, 2023 Page 2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, members, partners, agents, employees, and Consultants to Client and anyone claiming by, through, or under Client for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer’s officers, directors, members, partners, agents, employees, or Consultants (hereafter “Client’s Claims”), shall not exceed the total amount of $50,000.00 or the total compensation received by Engineer under this agreement whichever is greater. If this proposal meets your approval, please sign and return one copy. If you have any questions, please call. Very truly yours, ______________________________________ Louis A. Hamilton, P.E. Accepted: ______________________________ Date: __________________________________ LAH/df/pr\CityPearlandVeteransDrJuncBoxStruct DocuSign Envelope ID: 22AE8DE9-43D1-49CA-A4A5-5E85DAAB73F3