HomeMy WebLinkAboutR2026-045 20260223RESOLUTION NO. R2026-45
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with LJA Engineering for professional services in the estimated
amount of $726,428.18 and authorizing the City Manager or his designee to
enter into a Reimbursement Agreement between the City and the Pearland
Economic Development Corporation associated with the Kingsley Clear Creek
Bridge Expansion Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services associated with the Kingsley
Clear Creek Bridge Expansion Project, 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 certain Reimbursement Agreement by and between the City of Pearland
and the Pearland Economic Development Corporation, a copy of which is attached hereto as
Exhibit “B” and made a part hereof for all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for professional services associated with the Kingsley Clear
Creek Bridge Expansion Project.
Section 4. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Reimbursement Agreement with the Pearland Economic Development
Corporation associated with the Kingsley Clear Creek Bridge Expansion Project.
PASSED, APPROVED and ADOPTED this the 23rd day of February, A.D., 2026.
________________________________
J.KEVIN COLE
MAYOR
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RESOLUTION NO. R2026-45
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and LJA Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Kingsley Drive Bridge Reconstruction ("PROJECT").
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 provide engineering and design services, additional
services, and construction phase services for the Kingsley Drive Bridge
Reconstruction project. See Exhibit A, attached, for a detailed SCOPE OF WORK
and PROJECT schedule. The PROJECT schedule shall be submitted in digital and
hard copy form in the Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its City of Pearland
employee handbook) considers the following to be misconduct that is grounds for
termination of a CITY or City employee: Any fraud, forgery, misappropriation of
funds, receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product generated
by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon
request, shall become subject to the Open Records Laws of this State.
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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
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. 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 President 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
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own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon successful completion of
approved deliverables as outlined on the attached SCOPE OF WORK and PROJECT schedule.
SECTION III - CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT based
upon the following:
1. Basic Services (Lump Sum) $486,160.00
2. Additional Services: Survey, Geotechnical Services, Drainage Engineering,
Subsurface Utility Engineering (Lump Sum): $229,453.68
3. Construction Phase Services (Hourly Not to Exceed) $10,814.50
4. Total: $726,428.18
C. The CITY shall make payments to the CONSULTANT within thirty (30) days after
receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly
basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT
who may be a staff member of the City of Pearland. 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-
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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 3600 W Sam Houston Pkwy S, Suite 600 Houston, Texas
77042. Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be proportionate
to the percentage of services completed by the CONSULTANT based upon the
scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria County,
Texas. The laws of the State of Texas shall govern the terms of this CONTRACT.
The prevailing party in the action shall be entitled to recover its actual damages
with interest, attorney’s fees, costs and expenses incurred in connection with the
dispute and/or action. CONSULTANT and CITY desire an expeditious means to
resolve any disputes that may arise between under this CONTRACT. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of
or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be
settled through negotiation, then the parties agree first to try in good faith, and
before pursuing any legal remedies, to settle the dispute by mediation of a third
party who will be selected by agreement of the parties.
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SECTION VI – ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII – COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT,
and that he has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon
or resulting from the award or making of the CONTRACT. For breach or violation of this clause,
the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from
the CONTRACT price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage brokerage fee, gift, or contingent fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
SECTION IX – SPECIAL STATUTORY CONDITIONS
A. Texas Government Code - Chapter 2271. Prohibition on Contracts with Companies that
Boycott Israel. By signing this Agreement, the CONSULTANT certifies that, if it is a
company with at least 10 full-time employees and has a value of at least $100,000 that is
paid wholly or partly from public funds, that it:
1) does not boycott Israel; and
2) will not boycott Israel during the term of the contract.
B. Texas Government Code - Chapter 2274. Prohibition on Contracts with Companies that
Discriminate Against Firearm and Ammunition Industries. By signing this Agreement, the
CONSULTANT certifies that, if it is a company with at least 10 full-time employees and
has a value of at least $100,000 that is paid wholly or partly from public funds, that it:
1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and
2) will not discriminate during the term of the contract against a firearm entity or
firearm trade association.
C. Texas Government Code - Chapter 2276. Prohibition on Contracts with Companies
Boycotting Certain Energy Companies. By signing this Agreement, the CONSULTANT
certifies that, if it is a company with at least 10 full-time employees and has a value of at
least $100,000 that is paid wholly or partly from public funds, that it:
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1) does not boycott energy companies; and
D.will not boycott energy companies during the term of the contract.
The parties have executed this CONTRACT this ____ day of _______, 2026.
____________________________
CITY OF PEARLAND
____________________________
CONSULTANT
_______________________
W. Todd Thurber, PE
LJA Engineering, Inc.
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PROPOSAL February 2, 2023
Mr. Matt Buchanan
Pearland Economic Development Corporation
1200 Pearland Parkway, Suite 200
Pearland, Texas 77581
Re: Proposal for Professional Engineering Services
Kingsley Drive at Clear Creek
Pearland, Texas 77581
LJA Proposal No.: 26-8267
Dear Mr. Buchanan:
LJA Engineering, Inc. (“LJA”) is pleased to submit this proposal outlining services for the above
referenced project in the City of Pearland, Texas. This agreement is by and between LJA
Engineering, Inc., the “Consultant” and Pearland EDC, the “Client”. This proposal is based on our
current understanding of the objectives of the Client. LJA Proposes to provide the Scope of
Services for the Compensation as outlined in Attachments A and B, respectively, and in
accordance with the anticipated Consultant Agreement.
If this proposal meets with your approval, your signature below and on the attached Professional
Services Agreement (PSA) will be sufficient authorization to commence the stated work.
Thank you for the opportunity to submit this proposal. Please advise if you have any questions or
require additional information.
Sincerely,
Chris Mundie, PE
Vice President
CM/pa
Attachments:
-PSA
-Scope of Services
-Fee Schedule
-Rate Sheet
-Geotest Proposal
Accepted By:
Pearland Economic Development Corporation
By:
Name:
Title:
Date:
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement prepared on January 8, 2026 is by and between Pearland Economic Development
Corporation with address at 1200 Pearland Parkway, Suite 200, Pearland, Texas 77581 (“Client”) and LJA Engineering, Inc.
(“LJA”), who agree as follows:
Client engages LJA to perform professional services (the "Services") for the compensation and according to the scope of
Services and other terms set forth in one or more proposals or work authorizations prepared by LJA (the “Proposal(s)”) for one
or more projects for Client (the “Project(s)”). LJA shall be authorized to commence the Services for the respective Project(s)
upon execution of the respective Proposal(s) by the Client. Client and LJA agree that this Professional Services Agreement
together with each respective Proposal authorized by Client, and any attachments or exhibits identified in each Proposal or
herein together compose the agreement for each respective Project (an “Agreement”), and each such Agreement constitutes
the entire agreement between the Client and LJA with respect to the respective Project.
I.LJA’S RESPONSIBILITIES: LJA shall perform or furnish the Services described in the Proposals, which shall be
combined and attached as part of this Agreement. Where the terms or conditions of any Proposal conflict with those of Parts
I-III contained herein, the Proposal shall control for the Services performed under that Proposal only.
II.CLIENT’S RESPONSIBILITIES: Client, at its expense, shall do the following in a timely manner so as not to delay the
Services:
1.INFORMATION/REPORTS: Furnish LJA with all information, reports, studies, site characterizations, advice,
instructions, and similar information in its possession relating to the Project.
2.REPRESENTATIVE / ACCESS: Designate a representative for the Project who shall have the authority to transmit
instructions, receive information, interpret, and define Client’s policies, and make decisions with respect to the Services, and
provide LJA safe access to any premises necessary for LJA to provide the Services.
3.DECISIONS: Provide all criteria and full information as to requirements for the Project, obtain (with LJA's
assistance, if applicable) necessary approvals and permits, attend Project-related meetings, provide interim reviews on an
agreed-upon schedule, make decisions on Project alternatives, and participate in the Project to the extent necessary to allow
LJA to perform the Services.
III.COMPENSATION, BILLING, & PAYMENT: Client shall pay LJA for Services as denoted in the applicable Proposal and
in accordance with the standard rate schedule – Attachment B.
IV.STANDARD TERMS AND CONDITIONS: Attachment A.
The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they
are signing and each of the undersigned parties has caused this Agreement to be duly executed. This Agreement contains a
limitation of liability clause, and the Client has read and consents to all terms.
APPROVED FOR “LJA”
LJA ENGINEERING, INC.
By:
Printed Name: Chris Mundie, PE
Title: Vice President
APPROVED FOR “CLIENT”
PEARLAND ECONOMIC DEVELOPMENT CORPORATION
By:
Printed Name:
Title:
Effective Date: _______________________________
Attachments:
A – Standard Terms and Conditions
D – Standard Rate Schedule
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ATTACHMENT A
STANDARD TERMS AND CONDITIONS
1.STANDARD OF CARE. The Services shall be performed in
accordance with the standard of professional practice ordinarily
exercised by the applicable profession at the time and within the locality
where the Services are performed. The Services are not subject to, and
LJA cannot provide, any warranty or guarantee, express or implied,
including those contained in any uniform commercial code, proposal,
work authorization, or requisition, except as provided herein.
2.CHANGE OF SCOPE. The scope of Services set forth in any
Proposal is based on facts known at the time of execution of the
Proposal, including, if applicable, Client Data (defined below). As the
Project progresses, facts discovered, including, but not limited to, site
conditions or the existence of differing subsurface or physical conditions,
may indicate that the scope, pricing, or other terms must be redefined,
and the parties shall reasonably cooperate to equitably adjust the scope,
pricing, or terms of this Agreement accordingly.
3.SAFETY. LJA has established and maintains corporate
programs and procedures for the safety of its employees. Unless
included as part of the Services, LJA specifically disclaims any authority
or responsibility for general job site safety and safety of persons other
than LJA employees.
4.DELAYS. Where LJA is prevented from completing any part
of the Services within any Project schedule due to delay beyond its
reasonable control, the schedule will be extended in an amount of time
equal to the time lost due to such delay so long as LJA provides written
explanation of the delay to Client. Except with regard to payment of any
amounts due LJA from any Services, neither party shall be liable to the
other for any delays or failure to act, due to unforeseeable causes
reasonably beyond the control of the party claiming such circumstances.
5.TERMINATION/SUSPENSION. Either party may terminate
this Agreement upon thirty (30) days written notice to the other party. In
the event of termination, Client shall pay LJA for all Services, including
profit relating thereto, rendered prior to termination, plus any expenses
of termination. In the event either party defaults in its obligations under
this Agreement (including Client’s obligation to make the payments
required hereunder), the non-defaulting party may suspend performance
under this Agreement. In the event of a suspension of Services, LJA
shall have no liability to the Client for delay or damage caused the Client
because of such suspension of Services. Before resuming Services, LJA
shall be paid all sums due prior to suspension and any expenses incurred
in the interruption and resumption of LJA’s Services. LJA’s fees for the
remaining Services and the time schedules shall be equitably adjusted.
Obligations under this Agreement, which by their nature would continue
beyond the suspension or termination of this Agreement (e.g.,
indemnification), shall survive such suspension or termination.
6.RELATIONSHIP WITH CONTRACTORS / REVIEW. LJA
shall serve as Client’s professional representative for the Services and
may make recommendations to Client concerning actions relating to
Client’s contractors, but LJA specifically disclaims any authority to direct
or supervise the means, methods, techniques, security or safety
activities, personnel, compliance, sequences, or procedures of
construction selected by Client’s contractors. For Projects involving bid
preparation, LJA may supply standard contract forms, templates, or other
documents that will be executed between the Client and contractor(s). It
is the Client’s responsibility to review those documents and to obtain
legal advice thereto. For Projects involving construction, Client
acknowledges that under generally accepted professional practice,
interpretations of construction documents in the field are normally
required, and that performance of construction-related services by the
design professional for the Project permits errors or omissions to be
identified and corrected at comparatively low cost. Evaluations of
Client’s budget for construction and estimates prepared by LJA represent
LJA’s judgment as a design professional. It is recognized, however, that
neither LJA nor Client have control over the cost of labor, materials, or
equipment, the contractor’s methods of determining bid prices, or
competitive bidding, market, or negotiating conditions. Accordingly, LJA
cannot and does not warrant or represent that bids or negotiated prices
will not vary from Client’s budget or from any estimate of costs prepared
or agreed to by LJA. Client agrees to hold LJA harmless from any claims
resulting from performance of construction-related services by persons
other than LJA and LJA shall not be responsible for the contractor’s
failure to perform the Work in accordance with the requirements of the
Contract Documents. In fulfilling its duties pursuant to the Agreement,
Client permits LJA to elect to subcontract to others certain tasks in its
scope of Services.
7.INSURANCE. LJA will maintain insurance coverage for
Professional Liability, Commercial Liability, Auto, and Workers'
Compensation in amounts in accordance with legal and business
requirements. Certificates evidencing such coverage will be provided to
Client upon request. For Projects involving construction, Client agrees
to require its construction contractor, if any, to include LJA as an
additional insured on its policies relating to the Project. LJA's coverages
referenced above shall, in such case, be excess over any contractor's
primary coverage. Client shall require its construction contractor to
include LJA as an indemnitee under any indemnification obligation of
contractor to Client to the fullest extent allowed by law.
8.PROJECTS WITH MULTIPLE CLIENTS. When LJA
undertakes a Project for multiple Clients, each Client on the Project is
jointly and severally liable for payments for LJA’s Services. If any Client
fails to make timely payment to LJA, and the remaining Clients wish to
continue the Project, the remaining Clients will promptly notify LJA in
writing to continue the Project and their joint and several obligations shall
remain the same. LJA, at its option, may suspend the remaining
performance under this Agreement until all past due payments are made
and authorization to proceed and pay from all non-defaulting Clients is
received, or continue work on the Project and invoice and collect from
the remaining Clients any payment (including damages) of amounts past
due and that become due.
9.SITE ACCESS & CONDITIONS. When entry to property is
required for LJA to perform Services, Client shall provide or obtain right-
of-entry to the applicable site. Hazardous, archaeological,
paleontological, cultural, biological, or other materials, protected
resources, unknown underground facilities, or other conditions
(“Conditions”) may exist at a site where there is no reason to believe they
could or should be present. The Parties agree that the discovery of
unanticipated Conditions constitutes a changed condition that may
mandate a renegotiation of the scope of Services. LJA shall notify Client
should unanticipated Conditions be encountered. Client retains title to
all Conditions and shall report to the appropriate public agencies, as
required, any Conditions that may present a potential danger to the public
health, safety, or the environment. Client shall execute any manifests in
connection with avoidance, containment, transportation, storage, or
disposal of Conditions resulting from the site. Client waives any claim
against LJA and shall indemnify, defend, and hold LJA harmless from or
by reason of claims for injury or death to persons or damage to property
to the extent arising from such Conditions, substance, element, material,
or any combination of the foregoing produced, emitted, or released from
the site or Project.
10.INDEMNITY. LJA shall indemnify and hold harmless Client
from claims, costs, losses, or damage sustained by Client provided that
any such claim, cost, loss, or damage is attributable to bodily injury,
sickness, disease, or death, or to damage to or destruction of tangible
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property, but only to the extent actually and directly caused by LJA’s
failure to adhere to the standard of care described herein.
11.LIMITATIONS OF LIABILITY. Client agrees that no
employee or agent of LJA shall have individual liability to Client for any
claim for Loss (defined below), and any claims for Loss by Client against
LJA shall be made solely against the entity LJA. Client agrees that, to
the fullest extent permitted by law, LJA's total liability to Client for any
and all injuries, claims, losses, expenses (including, without limitation,
attorneys’ fees and dispute expenses and costs) or damages whatsoever
arising out of or in any way related to any Project(s) or this Agreement
from any causes (“Loss”) including, but not limited to, LJA's negligence,
errors, omissions, strict liability, breach of contract, breach of the
standard of care, or breach of any other legal duty owed by LJA to Client,
whether claimed directly or by way of contribution or indemnity, shall not
exceed the total compensation received by LJA for the particular Project
from which the Loss is alleged by Client to have arisen . If Client desires
a limit of liability greater than that provided above, Client and LJA shall
include in Part III of this Agreement the amount of such limit and the
additional compensation to be paid to LJA for assumption of such
additional risk. Client waives all claims for Loss in excess of such
limitations. This Subsection shall survive termination of this Professional
Services Agreement or the applicable Agreement.
12.CONSEQUENTIAL DAMAGES. IN NO EVENT WILL LJA
BE LIABLE TO THE CLIENT FOR CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST
REVENUES, LOSS OF USE, LOSS OF FINANCING, LOSS OF
REPUTATION, LOST PROFITS, DELAYS, OR OTHER ECONOMIC
LOSS ARISING FROM ANY CAUSE INCLUDING BREACH OF
WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY OR
ANY OTHER CAUSE WHATSOEVER, NOTWITHSTANDING ANY
PROVISION OF THIS AGREEMENT TO THE CONTRARY.
REGARDLESS OF LEGAL THEORY, LJA SHALL BE LIABLE ONLY TO
THE EXTENT THAT ANY DAMAGES SPECIFIED HEREIN ARE
FOUND BY A FINAL COURT OF COMPETENT JURISDICTION TO
HAVE BEEN THE SEVERAL LIABILITY OF LJA. TO THE EXTENT
PERMITTED BY LAW, ANY STATUTORY REMEDIES THAT ARE
INCONSISTENT WITH THIS PROVISION ARE WAIVED.
13.REUSE OF PROJECT DELIVERABLES. Reuse of any
documents or other deliverables, including electronic media, pertaining
to the Project by Client for any purpose other than for which they were
originally prepared, or alteration of such without the written verification or
adaptation by LJA for the specific purpose intended, shall be at the
Client’s risk. All title blocks and professional seal, if applicable, shall be
removed if Client provides electronic deliverables to any third party. Any
modification must be evidenced on the plans and be sealed by a licensed
professional prior to re-use. Client agrees that relevant analyses,
findings, and reports provided in electronic media shall also be provided
in hard copy, which shall govern in the case of a discrepancy between
the two versions and be held as the official set of drawings, as signed
and sealed. Client shall be afforded a period of thirty (30) days to check
any hard copy against the electronic media. In the event that any error
or inconsistency is found during that time, upon notice, LJA will correct
the inconsistency at no additional cost to Client. Client shall bear all
responsibility for the care, custody, and control of the electronic media.
Client agrees to indemnify and hold harmless LJA from all claims,
damages, and expenses (including reasonable litigation costs) arising
out of such reuse or alteration by Client or others acting through Client.
14.CLIENT DATA. Client or any third party designated by Client
may provide information, reports, studies, site characterizations, advice,
instructions, and similar information in its possession relating to the
Project (“Client Data”). LJA may reasonably and in good faith rely upon
the accuracy of Client Data and unless described as part of the Services,
LJA is not required to audit, examine, or verify Client Data. LJA will not
ignore the implications of information furnished to LJA and may make
reasonable inquiries if Client Data as furnished appears to be incorrect
or incomplete. LJA makes no representations or warranties (express or
implied) as the quality, accuracy, usefulness, or completeness of any
Services to the extent LJA relies on Client Data. LJA, its affiliates, its
officers, directors, and employees shall have no liability whatsoever with
respect to the use of unreliable, inaccurate, or incomplete Client Data.
15.ASSIGNMENT/BENEFICIARIES. Neither party may assign
this Agreement without the written consent of the other party. With the
exception of such assignments, nothing contained in this Agreement, nor
the performance of the parties hereunder, is intended to benefit, nor shall
inure to the benefit of, any third party, including Client’s contractors, if
any. The Services may be performed by any affiliated company of LJA
under its common insurance program.
16.AMENDMENT, NO WAIVER, SEVERABILITY. This
Agreement can be amended in writing and signed by the parties. No
waiver by either party of any default by the other party in the performance
of this Agreement shall invalidate any other section of this Agreement or
operate as a waiver of any future default. The various terms, provisions,
and covenants herein contained shall be deemed to be separate and
severable, and the invalidity or unenforceability of any of them shall not
affect or impair the validity or enforceability of the remainder.
17.INDEPENDENT PARTIES. Each party is an independent
entity and is not a partner, agent, principal, or employee of the other
party, unless otherwise agreed to by the parties in writing. Nothing in this
Agreement shall restrict or otherwise prohibit either party or their
respective affiliates in the conduct of their businesses.
18.STATUTE OF LIMITATION. To the fullest extent permitted
by law, the parties agree that, except for Claims (defined below) for
indemnification, the time period for bringing Claims under this Agreement
with respect to any Project shall expire one (1) year after completion of
Services for that Project.
19.DISPUTE RESOLUTION. Except for claims involving the
payment of unpaid amounts due to LJA from Client for Services
rendered, the parties shall attempt to settle all claims, disputes, and
controversies (“Claims”) arising out of this Agreement, including, but not
limited to, breach thereof, by discussion between the parties’
management. If any dispute cannot be resolved in this manner, within
five (5) business days, the parties agree to refer such Claims to a
mediator mutually agreed to and equally paid for by the parties before,
and as a condition precedent to, the initiation of any lawsuit, adjudicative
action, or proceeding. The mediator shall convene the mediation at the
request of either party, and the mediation will last at such times and as
long as the mediator reasonably believes agreement is probable.
Notwithstanding the foregoing, prior to or during negotiation or mediation,
either party may initiate litigation that would otherwise become barred by
a statute of limitation, and LJA may pursue, at any time and without
invoking dispute resolution as provided herein, any property liens or
other rights it may have to obtain payment for its Services. In the event
any actions are brought to enforce this Agreement, the prevailing party
shall be entitled to collect its litigation costs and reasonable attorney’s
fees from the other party. EACH PARTY HEREBY WAIVES, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT
IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY
LITIGATION, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY TRANSACTION
CONTEMPLATED BY THIS AGREEMENT.
20.LITIGATION SUPPORT. LJA will not be obligated to provide
expert witness or other litigation support related to its Services, unless
expressly agreed in writing. In the event LJA is required to respond to a
subpoena, inquiry, or other legal process related to the Services in
connection with a proceeding to which LJA is not a party, Client will
reimburse LJA for its costs and compensate LJA at its then standard
rates for the time it incurs in gathering information and documents and
attending depositions, hearings, and the like.
21.GOVERNING LAW. This Agreement shall be governed by
and construed and enforced in accordance with the laws of the State of
Texas without giving effect to any conflict or choice of law rules or
principles under which the law of any other jurisdiction would apply. Each
party hereby submits to the jurisdiction of the federal and state courts
located in the county of LJA’s address and agrees that such courts shall
be exclusive forum and venue for resolving any legal suit, action or
proceeding arising out of or relating to this Agreement. Ver.01NOV2024
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ATTACHMENT B
SCOPE OF SERVICES
LJA Engineering, Inc.
Proposal for Professional Engineering Services
Kingsley Drive at Clear Creek
PROJECT DESCRIPTION AND LIMITS
Roadway: Kingsley Dr.
Limits: Approximately 300 LF South of Clear Creek to approximately 300 LF North of Clear
Creek
These services include basic services, environmental document preparation and
permitting, surveying, final roadway design, bridge design, hydrologic and hydraulic
analysis, signing and pavement markings design, traffic control plans, utility design,
geotechnical study, and utility coordination and engineering.
SUB CONSULTANTS
LJA shall subcontract the geotechnical services. Below is a list of the consultants that
we anticipate on using for this project:
- Geotechnical Services – Geotest Engineering, Inc.
The geotechnical proposal is attached to this document.
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GENERAL REQUIREMENTS
LJA Engineering shall prepare all work in accordance with the latest version of
applicable City of Pearland’s (City) procedures, specifications, manuals, guidelines,
standard drawings, and standard specifications or previously approved special
provisions and special specifications. When design criteria are not identified in City
manuals, LJA shall notify the City and refer to State approved manuals, which include:
Roadway Design Manual, Hydraulic Design Manual, the Texas Manual on Uniform Traffic
Control Devices (TMUTCD), Standard Specifications for Construction and Maintenance
of Highways, Streets and Bridges (latest Edition), other State approved manuals, and
Harris County Flood Control District Policy Criteria and Procedure Manual 2019
(PCPM).
LJA shall notify the City’s Liaison and secure permission to enter private property to
perform any surveying, environmental, engineering or geotechnical activities needed
outside of current right-of-way. LJA shall contact each property owner prior to any entry
onto the owner’s property and shall request concurrence from the City prior to each
entry.
The Engineer shall coordinate through the City’s Liaison for the preliminary engineering
report with any local entity having jurisdiction or interest in the project (e.g. City, County,
PEDC, TxDOT, drainage district, etc.).
The Engineer shall coordinate issues and communications through the City’s Liaison.
The Engineer shall invoice according to Descriptions shown in Task Order No. 1 as part
of the Master Services Agreement for Engineering Services. The Engineer shall submit
each invoice in a format acceptable to the City.
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A. BASIC SERVICES
I. PROJECT MANAGEMENT - This task is to provide the overall management
of the contract which includes:
1. Project Scheduling
2. Project Invoicing
3. Monthly Progress Reports
4. Attend Coordination Meetings (Limited to Twice a Month)
5. Progress Review Meetings
6. Coordination with Subconsultants
7. Coordination with Clear Creek Trail project team.
II. Data Collection and Field Reconnaissance - LJA will collect, review and
evaluate data described below. The Engineer shall notify the City in writing
whenever the Engineer finds disagreement with the information or documents:
1. Data, if available, from the City, County or TxDOT, including “as-built
plans”, existing schematics, right-of-way maps, Subsurface Utility
Engineering (SUE) mapping, existing channel and drainage easement
data, identified hazardous material sites, current unit bid price
information, current special provisions, special specifications, and
standard drawings.
2. Documents for existing and proposed development along proposed
routes from local municipalities and local ordinances related to project
development.
3. Utility plans and documents from appropriate municipalities and
agencies
4. Flood plain information and studies from the Federal Emergency
Management Agency (FEMA), the United States Army Corps of
Engineers (USACE), City of Pearland, Harris County, Harris County
Flood Control District and other governmental agencies.
5. Conduct field reconnaissance and collect data including a photographic
record of notable existing features.
III. ROADWAY AND DRAINAGE DESIGN
1. Preliminary Schematic - LJA will develop a Preliminary Schematic for
the full length of the project, which will include existing features and the
proposed improvements within the existing and any proposed ROW.
The Layout must be design scale of 1 in. = 100 ft (or 1 in. = 200 ft as
directed by City), including the following features: existing and proposed
ROW, existing and proposed horizontal and vertical alignment and
profile grade line, and existing and proposed lane widths. The following
will be considered when developing the schematic:
1. Avoid the relocation of existing utilities as much as possible.
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2. Right-of-way, Environmental limitations, Impacts to Clear Creek
3. Evaluate bridge options and alternatives.
Minor modifications in the alignments will be considered to provide for
an optimal design.
LJA will submit to the City for review and approval.
2. Typical Sections - LJA will provide typical sections sheets prepared for
the existing and proposed roadway. Typical section information will
include:
1. Station Limits
2. Profile Grade Line Location
3. Centerline and Baseline Locations
4. Widths of travel lanes and shoulders
5. Pavement Section
6. Pavement Cross Slopes
7. Curbs
8. Sidewalks
9. Green Space
10. Typical Ditch Side Slopes
3. Roadway Design - LJA will provide roadway plan and profile drawings
using CADD standards as required by the City. The drawings will
consist of a plan and profile view of existing features and proposed
improvements. The roadway base map must contain line work that
depicts existing surface features obtained from the schematic drawing
and survey, existing subsurface and surface utilities, and existing and
proposed right-of-way lines will be shown. Plan and Profile sheets will
be prepared to a scale of 1”=40’ horizontal and 1”=4’ vertical on 22”x34”
format sheets.
Plan view will include:
1. Roadway centerlines and baselines
2. Pavement edges for all improvements
3. Lane and pavement width dimensions
4. Proposed structure locations
5. Direction of traffic flow on all roadway, and arrows indicating the
number of lanes
6. Existing utilities and structures
7. Benchmark information
Profile view will include:
1. Existing and proposed profiles along the proposed centerline
Note: Storm Sewer Plan and Profiles and Roadway Plan and Profiles
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will be included on the same Sheet.
4. Pavement Design. LJA shall incorporate the pavement design as
recommended by Geotechnical Study.
5. Preliminary Drainage System and Storm Sewer Design – In
conjunction with the preliminary drainage impact analysis, LJA will
develop necessary hydrologic and hydraulic computations and models,
a preliminary drainage system and culvert layout showing all the
preliminary details of the new proposed drainage structures. These
exhibits sheets will be used as a basis for the final design, and will
include the following:
1. Design criteria applicable for all design and analysis shall be in
accordance with the Engineering Design Criteria Manual 2023 -
Chapter 5 Storm Water Design Manual where applicable. Note:
no existing condition hydraulic analysis will be performed to
determine actual roadway hydraulic grade line.
2. Preliminary drainage area maps
3. Preliminary storm sewer plan and profiles Note: (Storm Sewer Plan
and Profiles and Roadway Plan and Profiles will be included on the
same Sheet.)
4. Preliminary hydraulic computations
5. Provide preliminary proposed water surface elevations for the 5-
and 100 year storm events.
6. Superimpose the water surface elevations obtained from FEMA
or best available HCFCD Clear Creek model on a drawing with
the existing roadway and ROW ground profile lines to aid in
determining the proposed roadway profile.
6. Waterline Design – This item covers waterline design from the southern
stub out along Kingsley to just north of the crossing of Clear Creek. It is
assumed to be an 8” waterline aerial crossing along the bridge.
7. Traffic Control Plan – LJA will prepare Traffic Control Plan (TCP) sheets
in accordance with the Texas Manual on Uniform Traffic Control Devices
(TMUTCD) for Streets and Highways (latest edition). Plans sheets will
include the following:
1. Written narrative of the construction sequencing and work activities
per phase.
2. Existing and proposed traffic control devices (regulatory signs,
warning signs, guide signs, route markers, construction pavement
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markings, barricades, flag personnel, temporary traffic signals,
etc.) to be used to handle traffic during each construction
sequence.
3. Typical sections for each phase
4. Proposed traffic control devices at grade intersections during each
construction phase (stop signs, flag person, signals, etc.).
5. Temporary roadways, structures and detours required to maintain
lane continuity throughout the construction phasing.
6. Continuous, safe access to each adjacent property during all
phases of construction and to preserve existing access.
7. Temporary drainage to replace existing drainage disturbed by
construction activities or to drain detour pavement.
8. Interim signing for every phase of construction. Interim signing
must include regulatory, warning, construction, route, and guide
signs.
9. Maintain continuous access to abutting properties during all
phases of the TCP.
8. Permanent Signing and Pavement Marking Plan
1. Signing- LJA will prepare drawings identifying and locating the signs
within the project limits. Proposed signs will be illustrated and
numbered on plan sheets.
2. Pavement Marking- LJA will prepare plan sheets showing
pavement markings and channelization devices. LJA will select
pavement markings from the latest City standards.
The following information will be provided on the sign and pavement
marking layouts:
a. Roadway layout.
b. Center line with station numbering.
c. Culverts and other structures that present a hazard to traffic.
d. Location of utilities.
e. Existing signs to remain or to be relocated.
f. Proposed signs (illustrated, numbered and size).
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g. Proposed markings (illustrated and quantified) which include
pavement markings, object markings and delineation.
h. Proposed delineators, object markers, and mailboxes.
i. The location of roadways, intersections, and pedestrian crossings.
j. The number of lanes in each section of proposed roadway
k. Right-of-way limits.
l. Direction of traffic flow on all roadways.
9. Stormwater Pollution Prevention Plan (SW3P)
LJA will prepare SW3P sheets and details based on the latest NPDES, and
City Stormwater Quality Standards to minimize the potential impact to
receiving waterways. The SW3P sheets will include:
1. Erosion control measures to be used
2. Locations of erosion control devices
3. Phasing of erosion control measures
4. Permanent erosion control measures
5. Erosion control measure detail sheet(s)
10. TDLR Review and Inspection
LJA will submit the pedestrian aspects of the project to be reviewed by a
Registered Accessibility Specialist. This includes a cost estimate of the
Pedestrian facilities, a plan review, and field inspections after construction is
completed.
IV. Bridge Design – LJA will design the bridge structures so that the new bridge
is built on the west adjacent side of the existing bridge first so that the existing
bridge can then be reconstructed. LJA will perform the following scope of
work for this project.
1. Perform bridge option comparison to help select the most cost-
effective bridge type
2. Perform structural analysis and design calculations for the two
Kingsley Drive proposed bridge structures over Clear Creek.
3. Prepare plans and specifications bid items for the structures.
4. Develop bridge quantities and associated opinion of probable
construction costs.
5. Design the South abutment aesthetic retaining wall along the
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proposed trail.
V. UTILITY COORDINATION – LJA will perform the utility and investigation work
involving the research and identification of all private and public utilities within
the projects limits. This will include:
1. Researching the existence of public utilities such as sanitary,
storm sewer, and waterlines within the project limits
2. Request information from private (CenterPoint Energy,
CenterPoint Electric, TNMP, Frontier, AT&T and Others in the
project corridor) and pipeline utilities, regarding locations of
facilities within the proposed project limits.
3. Prepare an Existing Utility Map for the proposed project limits.
4. Create a conflict list to identify all potential conflicts between the
existing utilities and the proposed project improvements.
5. Coordinate with Utility Company’s on plans for relocations and
provide updated project design information.
6. Existing utilities Autocad/Microstation cad file with QL-D, QL-C,
QL-B and QL-A information.
VI. ENVIRONMENTAL SERVICES - The environmental services will be
performed by LJA Environmental.
1. Flag OHWM - Flag the OHWM for the proposed project area.
Take Global Positioning System (GPS) points of all jurisdictional
areas, including the OHWM.
2. Threatened and Endangered Species Assessment with
IPAC - The objective of the Threatened and Endangered
Species Assessment is to evaluate the potential for the
existence of critical or irreplaceable habitats, which are
considered protected under the Endangered Species Act of
1973 and subsequent amendments and listings. The following
selected tasks will be considered for the 160-acre project area:
a: Prepare and Review U.S. Fish and Wildlife Service
(USFWS) Information for Planning and Consultation (iPAC)
Listing: The purpose of using iPAC is to initially determine if
species listings, critical habitat, migratory birds or other natural
resources listed by USFWS may be impacted by the project.
Information included in the iPAC will be utilized to also identify
potential conservation measures required for the minimization of
impact to protected species.
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b: Agency Consultation: iPAC system will be utilized to
request an official letter from the USFWS field office.
c: Site Reconnaissance and Effect Determination. The
biological aspects of the potential habitat will be physically
reviewed and documented to determine if the habitat is
desirable or reproductively useful to the specific species to
make an effect determination.
d: Preparation of Letter of Findings and Recommendations.
Following the completion of all research and site
reconnaissance, a letter of findings and recommendations will
be completed and forwarded to the client.
3. Plan Review Letter - Evaluate the proposed project for
potential impacts of the project to “Jurisdictional Waters of the
United States.” Review construction plans, current and
historical wetland and topographic maps, current and historical
aerial photography, and current wetland delineation reports. A
letter report of the findings will be submitted to the client
following the review and site visit.
VII. MILESTONE SUBMITTALS – LJA Shall provide the following at
each submittal.
1. Preliminary Milestone Submittal:
- Digital copy (.pdf) of a schematic roll plot for City review
- Digital copy (.pdf) of Bridge Technical Report with options for City review
- Digital copy (.pdf) of Preliminary Drainage Report for City Review
2. 60% Milestone Submittal:
- Digital copy (.pdf) of plan sheets for City review.
- Opinion of Probable Construction Cost
3. 90% Milestone Submittal:
- Digital copy (.pdf) of plan sheets for City review.
- Digital copy (.pdf) of specifications for City Review.
- Opinion of Probable Construction Cost
- Construction schedule.
4. Final Milestone Submittal:
- 2 sets of 22”x34” and 1 sets of 11”x17” plan sheets
- 1 set of specifications
- Revised supporting documents from 95% review comments.
- Opinion of Probable Construction Cost
- Construction schedule.
- Digital Copy of the previous items in .pdf format
VIII. PROJECT MANUAL, SPECIFICATIONS, AND GENERAL NOTES
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LJA will prepare a Project Manual including the City’s standard front
end documents, standard specifications, special specifications,
special provisions, estimate of probable cost, and the general note
items for inclusion in the plans and bidding documents.
IX. BID PHASE
LJA Shall perform the following tasks:
1. Provide City with signed and sealed construction plans and
specifications bid documents.
2. Attend pre-bid meeting and attend the Bid Opening.
3. Respond in writing to questions from Bidders and prepare Addenda as
necessary.
4. Prepare Engineer’s Recommendation of Award Letter that includes the
following required content:
a. Check for math errors and reconcile any mathematical discrepancies
b. Review for unbalanced bid items and determine responsiveness and
responsibility of low bidders.
c. Certify Bid Tabulation including Engineer’s estimate
d. Review of Bidder’s references provided
e. Explanation of discrepancies between the Engineer’s estimate and bids
f. Recommendation to award
Note: City will advertise the bid
X. CONSTRUCTION ADMINISTRATION
LJA shall provide Construction Administration. These services shall include, but are
not limited to the following:
1. Attend preconstruction meeting
2. Prepare and submit monthly progress reports to City for monthly District
meetings, as required
3. Attend field meetings and make visits to site
a. Construction Schedule TBD
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b. Senior PM - 2 Visits per month, with one of those being the Progress
Meeting
c. Estimate 3 hours per Visit
4. Calculate quantities and assist in preparing change orders
5. Review and approval of submittals and shop drawings
6. Responding to requests for information (RFIs)
7. Attend Substantial Completion Inspection and Prepare Punchlist
8. Attend Final Completion Inspection
9. Review Contractors Pay Applications and submit to City for approval
10. Prepare Record Drawings (Based on Contractors Mark-ups)
B. ADDITIONAL SERVICES
I. DRAINAGE ENGINEERING SERVICES
1. Drainage Design Criteria - Design criteria applicable for all design and
analysis shall be in accordance with Chapter 5 of the December 2020
version of the City of Pearland Engineering Design Criteria Manual.
2. Preliminary Drainage Impact Analysis - LJA shall perform a
Preliminary Drainage Impact Analysis during development of the
Preliminary Schematic to determine the outfall locations along the road
way alignment, preliminary detention volume requirements, and the
ability to incorporate mitigation volume and compute preliminary water
surface elevations.
The Preliminary Drainage Impact Analysis will include the following:
1. Perform overland sheet flow analysis using 2018 LiDAR to
determine sheetflow patterns, direction of flow and to identify the
existing condition drainage area boundaries associated with the
roadway. The existing condition drainage area boundaries will
be subdivided from areas identified in the best available data.
2. Identify existing water surface elevations in receiving streams for
the 10- and 100-year storm events and project those WSEs in
profile on existing roadway to help establish proposed roadway
elevations.
3. Determine hydrologic parameters for existing and proposed
conditions. Proposed condition drainage areas will be modified
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from existing condition as necessary to incorporate proposed
improvements proposed drainage area boundaries will NOT
include 150’ development strip for areas outside the proposed
ROW.
4. Design concrete curb and gutter roadway drainage system with
roadway inlets and underground storm sewer system sized to
adequately convey the 5-year rainfall event with hydraulic grade
line at or below gutterline elevation.
5. Compute existing and proposed condition hydrographs and
determine the required storage volume to mitigate the increase in
runoff volume. Also create existing versus proposed hydrographs
for flows routed to outfall locations to document detention volume
required for mitigation of increased flows (the greater volume of
the two will be documented in the report as volume required).
D etention ponds will be designed or located as part of this
project as necessary and are included as an optional item–
flows discharged from the roadway storm sewers will be allowed
to flow unmitigated through the outfall channels into the regional
detention ponds. Calculated detention volumes are only
reported for documentation of volume necessary to offset
roadway improvements in the event that regional detention
volume becomes limited later after future development of
adjacent properties.
6. Prepare a drainage study report which includes applicable maps
tables and exhibits necessary to summarize findings and
recommendations.
7. Coordinate and Submit report to the City of Pearland for
approval.
3. CLOMR/LOMR – A CLOMR may need to be completed for any
changes to the studied Clear Creek and it will be submitted to FEMA.
4. Scour Analysis and Report – Perform scour analysis that Harris
County requires for all bridges that then gets sent to TxDOT.
II. GEOTECHNICAL SERVICES - The geotechnical investigation will be
performed by Geotest in accordance with the attached proposal.
III. SURVEY/RIGHT-OF-WAY - LJA will provide surveying services necessary to
produce topographical maps, locate and tie existing utilities to the project
baseline, and locate existing right-of-way along a 1200-foot corridor.
Coordinate geometry will be tied to State Plane surface coordinate system.
The City of Pearland will obtain rights of entry (ROE) authorizations for
properties where access is required for necessary data collection, in
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which properties are privately owned.
1. Establish Project Control and Right-of-way Lines
LJA surveyor will verify benchmark coordinates and establish additional
horizontal and vertical control and locate existing monuments to establish
the existing right-of-way.
i. Establish up to 4 permanent horizontal and vertical control points within
the project limits
ii. Surveyor shall make efforts to tie in the nearest City of Pearland Survey
Control monuments for reference.
iii. Re-establish up to 4 project control prior to Construction
iv. Field locate right-of-way and parcel corners and establish existing
right-of-way line locations.
v. Prepare a cad base map in OpenRoads format to include established
right-of-way feature lines.
2. Topographic Survey
LJA Surveyor will collect topographic features and elevations within the existing
right-of- way lines of Kingsley Drive.
i. Collect information on current conditions of the proposed alignment.
LJA Survey will include driveways, curb and gutter, concrete pads,
culverts, inlets, manholes, bridges, natural ground, grade breaks and
above ground visible utilities.
ii. LJA Survey Field Personnel will collect ground shots sufficient to
produce 1’ contours for the survey.
iii. Provide Engineer with OpenRoads 2D and 3D surface file with all
survey and point file data.
iv. LJA Survey will contact the Texas 811 One Call Service before field
personnel are mobilized to the project site to produce a ticket for all
utilities in the area to mark their assets. If any paint marks are found
at the time of survey, LJA Survey field personnel will locate them
accordingly.
3. Survey Control Sheet – LJA surveyor shall also prepare a Survey
Control Sheet(s), signed, sealed and dated by the professional
engineer in direct responsible charge of the surveying and the
responsible RPLS for insertion into the plan set. The Survey Control
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Sheet shows an overall view of the project control and the relationship
or primary monumentation and control used in the preparation of the project.
i. Establish horizontal and vertical control points within the project
limits.
ii. Horizontal control will be tied to the City of Pearland Coordinate
System
The following information shall be shown on the Survey Control Sheet:
i. Overall view of the project and primary control monuments set for
control of the project.
ii. Identification of the control points
iii. Baseline and/or centerline
iv. Graphic (Bar) Scale
v. North Arrow
vi. Three-point recovery sketches for each Primary Control Point.
vii. Station and offset from baseline or centerline.
viii. Provide 11x17 sheet(s) of Survey Control Data, signed, sealed
and dated by the professional surveyor.
IV. SUBSURFACE UTILITY ENGINEERING
1. QL-D -
• Records research to obtain known existing utility records.
• Coordination with utility company representatives.
• Prepare QL-D existing utilities cad file based on record documents.
2. QL-C -
• Prepare QL-C existing utilities cad file based on visible utility
features obtained in the topographic survey prepared by surveyor.
3. QL-B -
• Designate (paint and/or flag) known existing buried utilities that
a signal can be obtained on within the project site boundary.
• Coordination with utility company representatives.
• Prepare QL-B existing utilities cad file based on QL-B designated
utilities field data obtained by the surveyor.
4. QL-A -
• Perform one call for excavation.
• Coordination with utility company representatives.
• Perform the QL-A SUE hydro excavation and backfill for 10
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test holes (1’Wx1’LX6’D) to locate utilities.
• Prepare 8-1/2” x 11” QL-A test hole data sheets with PE
seal and signature.
5. Traffic Control Lane Closure - (Optional as required for QL-A)
• Prepare lane closure plans.
• Submit and obtain lane closure permits.
• Setup and remove lane closures.
Subsurface Utility Engineering Exclusions:
1. Permits and permit fees.
2. Pavement removal and replacement.
3. Exploratory hydro excavation beyond the scoped test holes.
4. Construction matting for access.
5. Excavation in rock/stabilized type soils.
6. Tree/overgrowth clearing for access.
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Cree
TAS PAYMENT METHO SUBTOTAL
A. BASIC SERVICES
Design Lump Sum $458,440.00
Bid Phase Services Lump Sum $5,640.00
Construction Administration Lump Sum $22,080.00
SUBTOTAL (BASIC SERVICES $486,160.00
B. ADDITIONAL SERVICES
Drainage Engineering Services Lump Sum $76,360.00
Geotechnical Services by Geotest (inc. 10% markup)Lump Sum $44,293.70
Survey/Right-of-Way by LJA Lump Sum $44,149.98
Subsurface Utility Engineering by LJA Lump Sum $64,650.00
SUBTOTAL (ADDITIONAL SERVICES $229,453.68
OTHER DIRECT EXPENSES
Reproduction, mileage, delivery, fees, etc.Lump Sum $10,814.50
TOTAL (BASIC SERVICES, ADDITIONAL SERVICES, & EXPENSES $726,428.18
ATTACHMENT C - FEE SCHEDULE
2/2/2026 PAGE 1 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
I. PROJECT MANAGEMENT AND ADMINISTRATION
1. Project Scheduling 16 4 4 24 N/A N/A
2. Project Invoicing 16 12 28 N/A N/A
3. Monthly Progress Reports 16 12 28 N/A N/A
4. Attend Coordination Meetings 40 20 60 N/A N/A
5. Progress Review Meetings 20 20 40 N/A N/A
6. Coordination with Subconsultants 16 8 4 28 N/A N/A
7. Coordination with Clear Creek Trail Project Team 4 8 12 N/A N/A
HOURS SUB-TOTALS 128 60 32 220
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $34,560.00 $11,100.00 $3,200.00 $48,860.00
% DISTRIBUTION OF STAFFING 58.18% 27.27%14.55%
SUBTOTAL $48,860.00
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
II. DATA COLLECTION AND FIELD RECONNAISSANCE
Record Document Research 5 15 20 N/A N/A
Research Documentation for Existing Utilities within the ROW 6 6 12 N/A N/A
Field visit and picture documentation 4 4 4 12 N/A N/A
HOURS SUB-TOTALS 15 25 4 44
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $4,050.00 $4,625.00 $520.00 $9,195.00
% DISTRIBUTION OF STAFFING 34.09% 56.82% 9.09%
SUBTOTAL $9,195.00
ATTACHMENT C - FEE SCHEDULE
2/2/2026 PAGE 2 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
ATTACHMENT C - FEE SCHEDULE
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
III. ROADWAY AND DRAINAGE DESIGN
1. Preliminary Schematic 15 20 40 20 95 N/A N/A
N/A N/A
2. Typical Sections 2 8 20 30 2 15
3. Roadway Design
Title Sheet 1 4 5 1 5
Index Sheet 1 4 5 1 5
Project Layout 1 2 2 5 1 5
Typical Sections 2 2 12 16 2 8
Horizontal Alignment Sheet 4 4 10 18 1 18
Plan and Profile Sheet (500 LF/Sheet) 16 40 140 196 6 33
Removal Sheets (1000 LF/Sheet - Double Bank) 6 12 40 58 3 19
Roadway Details 7 7 10 24 3 8
Driveway Table 1 3 5 9 1 9
Cross Sections 2 2 24 28 2 14
Boring Logs 1 1 3 5 4 1
4. Pavement Design (Incorporate from Geotech) 2 4 4 10 NA NA
5. Preliminary Drainage System and Storm Sewer Design
Overall Drainage Area Map 1 3 3 3 6 4 20 1 20
Local Drainage Area Maps 2 6 6 6 12 8 40 2 20
Culvert Outfall Calculations 1 2 2 2 8 2 17 1 17
Inlet & Storm Sewer Calculations for Sizing 2 4 4 12 16 6 44 4 11
NA NA
6. Waterline Design NA NA
Waterline General Notes 3 8 4 15 1 15
Waterline Plan and Profile Sheets 8 28 64 100 3 33
Standard Water Detail Sheets 2 4 8 14 1 14
Aerial Type Evaluation 6 6 NA NA
Special Construction Details 2 16 18 1 18
Coordination with District Engineer 8 8 NA NA
Address Agency and MUD Comments 1 12 13 NA NA
7. Traffic Control Plan NA NA
Advance Signing Layout 1 6 7 1 7
TCP, Detours, and Sequence of Construction (Narrative) 1 2 24 27 1 27
Traffic Control Plan Layout (2 Phases) 10 20 100 130 4 33
Traffic Control Standards 1 6 7 2 4
8. Permanent Signing and Pavement Marking Plan
Signing & Pavement Markings (1000 LF/Sheet - Double Bank) 4 24 60 88 4 22
Large Sign Details
Signing, Pavement Marking Standards 1 2 4 7 2 4
9. Stormwater Pollution Prevention Plan (SW3P)
Storm Water Pollution Prevention Plan (1000 LF/Sheet - Double Bank) 1 4 16 32 53 2 27
10. TDLR Review and Inspection
TDLR plan review and submission coordination 5 5 10 N/A N/A
Field Inspection with Registered Accessibility Specialist (RAS) 4 4 8 N/A N/A
HOURS SUB-TOTALS 119 35 122 110 200 530 20 1,136 57
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $32,130.00 $8,750.00 $22,570.00 $18,150.00 $26,000.00 $68,900.00 $2,100.00 $178,600.00
% DISTRIBUTION OF STAFFING 10.48% 3.08% 10.74% 9.68% 17.61% 46.65% 1.76%
SUBTOTAL $178,600.00
2/2/2026 PAGE 3 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
ATTACHMENT C - FEE SCHEDULE
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
IV. BRIDGE DESIGN
Bridge Option Comparison
A. Bridge Type Comparison Analysis 1 2 1 4 NA NA
B. Bridge Length Cost Analysis (bridge cost vs pavement & fill cost) 1 2 3 NA NA
C. Develop schematic level bridge base file 8 8 NA NA
D. Develop Typical Sections for different bridge options 1 4 8 13 NA NA
E. 30% Bridge Layout using recommended bridge type 4 16 2 20 42 NA NA
H. Preliminary Bridge Cost Estimate and comparison 1 2 3 NA NA
I. Investigate prefabricated bridge option(s)2 1 3 NA NA
K. Technical Report write up (Bridge section)4 8 8 20 NA NA
L. Preliminary Geotechnical Engineer Coordination 4 2 6 NA NA
Bridge Design
Northbound Kingsley Dr. over Clear Creek - Assume 3 span, prestressed slab beam bridge,
34' wide, skewed
A. Bridge Design
1. BGS 4 8 12 NA NA
2. Bridgelink Beam Design 1 8 8 17 NA NA
3. Abutment 1 and 4 support reactions for DS design 2 4 6 NA NA
4. Interior Bent Design 4 12 16 NA NA
5. Foundation Design (LRFD Design approach) 1 8 16 24 49 NA NA
6. Bearing seats, Column heights and elevation control, low chord 1 2 4 7 NA NA
7. Estimated Bridge Quantities 4 8 20 32 NA NA
B. Plan Sheets
1. Bridge Layout (1 sheet)4 8 1 10 23 1 23
2. Summary of Bridge Quantities (1 sheet)1 2 2 4 9 1 9
3. Cap Elevation Details (1 sheet)1 4 8 12 25 1 25
4. Foundation Layout (1 sheet)4 8 2 8 22 1 22
5. Foundation Notes (1 sheet) 1 4 8 8 2 23 1 23
6. Abutment No 1 (2 sheets)2 8 8 16 34 2 17
7. Abutment No 4 (2 sheets)1 4 4 4 13 2 7
8. Interior Bents 2 and 3 (1 sheet)2 8 8 12 30 1 30
9. Framing Plan (1 sheet)1 8 12 8 29 1 29
10. Prestressed Concrete Slab Beam Unit (1 sheet) 2 8 8 16 34 1 34
11. Prestressed Concrete Slab Beam Designs (1 sheet) 1 4 4 2 11 1 11
Southbound Kingsley Dr. over Clear Creek - Assume 3 span, prestressed slab beam bridge,
34' wide, skewed
A. Bridge Design
1. BGS 2 2 4 NA NA
2. Bridgelink Beam Design 4 4 8 NA NA
3. Foundation Design (LRFD Design approach) 4 4 4 12 NA NA
4. Bearing seats, Column heights and elevation control, low chord 1 2 2 5 NA NA
5. Estimated Bridge Quantities 4 8 10 22 NA NA
B. Plan Sheets
1. Bridge Layout (1 sheet)4 8 1 10 23 1 23
2. Summary of Bridge Quantities (1 sheet)1 2 2 4 9 1 9
3. Cap Elevation Details (1 sheet)1 2 2 4 9 1 9
4. Foundation Layout (1 sheet)2 4 2 4 12 1 12
5. Foundation Notes (1 sheet)1 2 4 2 9 1 9
6. Abutment No 1 (2 sheets)1 4 4 4 13 2 7
7. Abutment No 4 (2 sheets)1 2 2 2 7 2 4
8. Interior Bents 2 and 3 (1 sheet)1 4 4 4 13 1 13
9. Framing Plan (1 sheet)1 4 4 4 13 1 13
10. Prestressed Concrete Slab Beam Unit (1 sheet) 1 4 4 8 17 1 17
11. Prestressed Concrete Slab Beam Designs (1 sheet) 1 2 2 1 6 1 6
2/2/2026 PAGE 4 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
ATTACHMENT C - FEE SCHEDULE
Retaining Wall Design (South Abutment) - Cast-in-Place Concrete Cantilever Retaining Wall,
includes aesthetics to match wall at Kirby Dr.
A. Retaining Wall Design
1. Coordinate with Geotechnical Engineer 2 1 3 NA NA
2. Cantilever retaining wall design 1 4 8 13 NA NA
B. Plan Sheets
1. Cast-in-place concrete cantilever retaining wall typical sections 1 8 4 4 17 1 17
2. Retaining Wall Layout 2 12 8 8 30 1 30
3. Retaining wall Aesthetic details 1 2 4 2 9 1 9
Bridge Standards 1 2 4 4 11 NA NA
Summary of Bridge Quantities Plan Sheet (1 sheet)1 2 4 2 9 1 9
Bridge Milestone Submittals & Coordination
A. 60% Submittal
1. 60% Bridge QC Review (Internal)8 4 2 1 15 NA NA
2. 60% Bridge Plans 16 16 2 1 35 NA NA
3. 60% Construction Cost Estimate 2 4 8 14 NA NA
4. 60% Comment Review and Response 8 4 12 NA NA
B. 90% Submittal
1. 90% Bridge QC Review (Internal)8 4 2 1 15 NA NA
2. 90% Bridge Plans 8 8 2 1 19 NA NA
3. 90% Construction Cost Estimate 1 4 8 13 NA NA
4. 90% Comment Review and Response 8 4 12 NA NA
C. Final Submittal
1. 100% Bridge QC Review (Internal)8 4 2 1 15 NA NA
2. 100% Bridge Plans 8 8 2 1 19 NA NA
3. 100% Construction Cost Estimate 1 2 3 NA NA
HOURS SUB-TOTALS 3 173 295 274 78 117 940 30
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $810.00 $43,250.00 $54,575.00 $35,620.00 $10,140.00 $12,285.00 $156,680.00
% DISTRIBUTION OF STAFFING 0.32% 18.40% 31.38% 29.15% 8.30% 12.45%
SUBTOTAL FC $156,680.00
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
V. UTILITY COORDINATION
Distribute Existing Uility SUE layout to utility owners. Illustrate project footprint 2 2 N/A N/A
Coordination with Utility Owners (4 - Utility Owners)12 24 36 N/A N/A
Individual field meetings with utility and pipeline owners 4 8 12 N/A N/A
Individual design meetings with utility and pipeline owners 4 12 16 N/A N/A
Utility Conflict Matrix (UCM) - Create, submit and maintain over life of project 6 16 22 N/A N/A
Coordinate and Acquire Pipeline LONO's with Pipeline Owners (1 - Pipeline) 8 12 20 N/A N/A
Update existing utility layouts sheets to proposed utility layouts 8 8 N/A N/A
HOURS SUB-TOTALS 36 80 116
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $6,660.00 $10,400.00 $17,060.00
% DISTRIBUTION OF STAFFING 31.03% 68.97%
SUBTOTAL $17,060.00
2/2/2026 PAGE 5 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
ATTACHMENT C - FEE SCHEDULE
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
VI. ENVIRONMENTAL SERVICES
1. Flag OHWM 16 16 32 NA NA
2. Treatened and Endangered Species Assessment with IPAC 10 20 20 50 NA NA
3. Plan Review Letter 4 8 8 20 NA NA
HOURS SUB-TOTALS 14 44 44 102
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $3,080.00 $7,260.00 $7,260.00 $17,600.00
% DISTRIBUTION OF STAFFING 13.73% 43.14% 43.14%
SUBTOTAL $17,600.00
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
VII. MILESTONE SUBMITTALS
1. Preliminary Milestone Submittal & QAQC 4 4 6 6 20 NA NA
2. 60% Milestone Submittal & QAQC 4 4 6 6 20 NA NA
3. 90% Milestone Submittal & QAQC 4 4 6 6 20 NA NA
4. Final Milestone Submittal & QAQC 4 4 6 6 20 NA NA
HOURS SUB-TOTALS 16 16 24 24 80
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $4,320.00 $2,960.00 $3,120.00 $3,120.00 $13,520.00
% DISTRIBUTION OF STAFFING 20.00% 20.00% 30.00% 30.00%
SUBTOTAL $13,520.00
2/2/2026 PAGE 6 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
ATTACHMENT C - FEE SCHEDULE
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
VIII. PROJECT MANUAL, SPECIFICATIONS, AND GENERAL NOTES
Project Manual Assistance 4 4 8 16 NA NA
Specifications 2 2 4 8 NA NA
Estimate of Probable Cost NA NA
Preliminary Estimate 2 6 8 16 NA NA
60% Estimate 2 6 8 16 NA NA
90% Estimate 2 6 8 16 NA NA
Final Estimate 2 6 8 16 NA NA
General Notes 2 3 6 11 NA NA
HOURS SUB-TOTALS 16 33 50 99
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $4,320.00 $6,105.00 $6,500.00 $16,925.00
% DISTRIBUTION OF STAFFING 16.16% 33.33% 50.51%
SUBTOTAL $16,925.00
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
IX. BID PHASE
Pre-Bid Conference & meeting minutes 2 2 4 N/A N/A
Answer Bidder Questions 2 4 4 2 12 N/A N/A
Bid Review and Award Recommendation 4 6 10 N/A N/A
HOURS SUB-TOTALS 8 4 12 2 26
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $2,160.00 $1,000.00 $2,220.00 $260.00 $5,640.00
% DISTRIBUTION OF STAFFING 30.77% 15.38% 46.15% 7.69%
SUBTOTAL $5,640.00
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/ TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL LABOR HRS. DWGS / SHT
TRAINING TECH PLANNER I/II I/II & COSTS
X. CONSTRUCTION ADMINISTRATION
Precon meeting 1 1 1
Answer requests for information 4 4 10 18 NA NA
Respond to submittals and shop drawings 4 6 14 16 40 NA NA
Attend progress meetings 4 4 8 NA NA
Attend substantial completion walk through 2 2 4 NA NA
Attend punchlist walkthrough 2 2 4 NA NA
Record Drawings 2 16 16 16 50 NA NA
HOURS SUB-TOTALS 18 10 48 32 16 124
CONTRACT RATE PER HOUR $270.00 $250.00 $185.00 $165.00 $130.00 $130.00 $105.00 $220.00 $165.00 $165.00 $100.00
TOTAL LABOR COSTS $4,860.00 $2,500.00 $8,880.00 $4,160.00 $1,680.00 $22,080.00
% DISTRIBUTION OF STAFFING 14.52% 8.06% 38.71% 25.81% 12.90%
SUBTOTAL $22,080.00
2/2/2026 PAGE 7 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
A. BASIC SERVICES
ATTACHMENT C - FEE SCHEDULE
PROJECT SENIOR PROJECT DESIGN ENGINEER SENIOR ENGINEER SENIOR ENVIRONMENTAL ENVIRONMENTAL ADMIN/
MANAGER ENGINEER ENGINEER ENGINEER IN ENGINEER TECH ENVIRONMENTAL PLANNER SCIENTIST CLERICAL
TRAINING TECH PLANNER I/II I/II
I. PROJECT MANAGEMENT AND ADMINISTRATION 128 60 32 220
II. DATA COLLECTION AND FIELD RECONNAISSANCE 15 25 4 44
III. ROADWAY AND DRAINAGE DESIGN 119 35 122 110 200 530 20 1,136
IV. BRIDGE DESIGN 3 173 295 274 78 117 940
V. UTILITY COORDINATION 36 80 116
VI. ENVIRONMENTAL SERVICES 14 44 44 102
VII. MILESTONE SUBMITTALS 16 16 24 24 80
VIII. PROJECT MANUAL, SPECIFICATIONS, AND GENERAL NOTES 16 33 50 99
IX. BID PHASE 8 4 12 2 26
X. CONSTRUCTION ADMINISTRATION 18 10 48 32 16 124
#REF!
SUBTOTAL LABOR EXPENSES 323 222 647 110 666 632 153 14 44 44 32 #REF!
# OF UNITS COST/UNIT UNIT
Courier Services 2 $50.00 each $100.00
Photocopies B/W (11" x 17")200 $0.40 each $80.00
Photocopies B/W (8 1/2" x 11")50 $0.24 each $12.00
Photocopies Color (11" x 17")50 $3.00 each $150.00
Photocopies Color (8 1/2" x 11")100 $2.00 each $200.00
Plots (Color on Bond)100 $4.00 per sq. ft.$400.00
Environmental Field Supplies (lathes, stakes, flagging, spray paint, etc.) 1 $50.00 day $50.00
FEMA FIS Backup Data Request 1 $300.00 each $300.00
TDLR Plan Review and Field Inspection Fee 1 $2,950.00 each $2,950.00
Mileage 100 $0.725 mile $72.50
CLOMR FEMA Fee 1 $6,500.000 each $6,500.00
SUBTOTAL DIRECT EXPENSES $10,814.50
OTHER DIRECT EXPENSES
$17,060.00
$486,160.00
$17,600.00
$16,925.00
$5,640.00
$22,080.00
$13,520.00
$48,860.00
$9,195.00
$156,680.00
LABOR SUMMARY FOR BASIC SERVICES
TOTAL MH TOTAL COSTS BY
FC
$178,600.00
2/2/2026 PAGE 8 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
B. ADDITIONAL SERVICES
TASK DESCRIPTION PROJECT SENIOR PROJECT DESIGN ENGINEER ENGINEER TOTAL NO OF HR
MANAGER ENGINEER ENGINEER ENGINEER IN TECH LABOR HRS. DWGS / SHT
TRAINING & COSTS
I. DRAINAGE ENGINEERING SERVICES
2. Preliminary Drainage Impact Analysis
HEC-RAS Modeling 6 8 16 24 40 94 N/A N/A
Drainage Report 6 12 16 32 60 24 150 N/A N/A
Drainage Coordination W/ Stakeholders 4 6 8 12 30 N/A N/A
N/A N/A
4. CLOMR/LOMR 6 8 16 24 48 102 N/A N/A
N/A N/A
5. Scour Analysis and Report 6 8 12 20 40 86 N/A N/A
HOURS SUB-TOTALS 28 42 68 112 188 24 462
CONTRACT RATE PER HOUR $280.00 $250.00 $185.00 $165.00 $130.00 $105.00
TOTAL LABOR COSTS $7,840.00 $10,500.00 $12,580.00 $18,480.00 $24,440.00 $2,520.00 $76,360.00
% DISTRIBUTION OF STAFFING #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!
SUBTOTAL $76,360.00
TASK DESCRIPTION TOTAL NO OF HR
LABOR HRS. DWGS / SHT
& COSTS
II. GEOTECHNICAL SERVICES (GEOTEST ENGINEERING)$44,293.70
SUBTOTAL $44,293.70
SEE ATTACHED PROPOSAL (Includes 10% Markup for Administration)
ATTACHMENT C - FEE SCHEDULE
2/2/2026 PAGE 9 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
B. ADDITIONAL SERVICES
ATTACHMENT C - FEE SCHEDULE
TASK DESCRIPTION RPLS - PROJECT RPLS - TASK SENIOR SURVEY/CAD 2 - PERSON ADMIN/ TOTAL NO OF HR
MANAGER LEADER SURVEY TECH CREW CLERICAL LABOR HRS. DWGS / SHT
TECH & COSTS
III. SURVEY/RIGHT-OF-WAY
Abstracting
Research recorded plats and and deed documents (6 existing parcels) 1 4 1 6 NA NA
Prepare Abstract base map to include approximate location of parcels, plats and Right of Way
lines along the existing and proposed corridor extension 1 2 8 20 1 32 NA NA
Design Survey - Office
Control survey data reduction and mapping 1 4 8 32 1 46 NA NA
Design Survey data reduction and mapping 2 10 36 70 1 119 NA NA
Final deliveries, QA/QC 1 1 2 2 2 8 NA NA
Design Survey - Field
Set new control and tie into existing control 20 20 NA NA
Locate existing parcel corners and right-of-way monuments adjacent to the project corridor along
Kingsley Road 20 20 NA NA
Collect details of existing road and bridge improvement features, creek channel (750 feet up and
down stream of the bridge), drainage features, (e.g., culverts, manholes, etc.) including grate/rim
elevations, flowlines, pipe sizes and directions. Locate visible evidence of existing utilities and
underground utility markings established by www.tx811.org 90 90 NA NA
HOURS SUB-TOTALS 6 17 58 124 130 6 341
CONTRACT RATE PER HOUR $238.88 $185.32 $118.58 $97.29 $155.00 $79.11
TOTAL LABOR COSTS $1,433.28 $3,150.44 $6,877.64 $12,063.96 $20,150.00 $474.66 $44,149.98
% DISTRIBUTION OF STAFFING 1.76% 4.99% 17.01% 36.36% 38.12% 1.76%
SUBTOTAL $44,149.98
2/2/2026 PAGE 10 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
PRIME PROVIDER NAME: LJA Engineering, Inc.
PROJECT NAME: Kingsley Dr. over Clear Creek
B. ADDITIONAL SERVICES
ATTACHMENT C - FEE SCHEDULE
TASK DESCRIPTION TOTAL NO OF HR
LABOR HRS. DWGS / SHT
& COSTS
IV. SUBSURFACE UTILITY ENGINEERING
Subsurface Utility Engineering QL-D $4,000.00 N/A N/A
Subsurface Utility Engineering QL-C $5,250.00 N/A N/A
Subsurface Utility Engineering QL-B $12,900.00 N/A N/A
Subsurface Utility Engineering QL-A $20,000.00 N/A N/A
Survey for Level A SUE $12,500.00 N/A N/A
Traffic Control Lane Closure $10,000.00 N/A N/A
HOURS SUB-TOTALS
CONTRACT RATE PER HOUR
TOTAL LABOR COSTS
% DISTRIBUTION OF STAFFING
SUBTOTAL $64,650.00
I. DRAINAGE ENGINEERING SERVICES 462
II. GEOTECHNICAL SERVICES (GEOTEST ENGINEERING)
III. SURVEY/RIGHT-OF-WAY 341
IV. SUBSURFACE UTILITY ENGINEERING
SUBTOTAL LABOR EXPENSES 341
SUMMARY
DESIGN $458,440.00
BID PHASE $5,640.00
CONSTRUCTION ADMINISTRATION $22,080.00
DRAINAGE ENGINEERING SERVICES $76,360.00
GEOTECHNICAL SERVICES $44,293.70
SURVEY/ROW $44,149.98
SUBSURFACE UTILITY ENGINEERING $64,650.00
OTHER DIRECT EXPENSES $10,814.50
GRAND TOTAL $726,428.18
LABOR SUMMARY FOR ADDITIONAL SERVICES
TOTAL MH TOTAL COSTS BY FC
$229,453.68
$44,293.70
$44,149.98
$64,650.00
$76,360.00
2/2/2026 PAGE 11 OF 11
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Confidential Page 1
ATTACHMENT D
STANDARD RATE SCHEDULE
Staff, Non-Principal Personnel Charges
Services performed by staff shall be billed on the basis of "labor cost" of each employee times a multiplier
of 2.35.
Labor cost is defined as the Labor Cost paid to the Engineer's personnel plus payroll burden, currently 47%
for social security contributions, federal and state unemployment taxes, retirement benefits, medical and
insurance benefits, sick leave, vacation, and holiday pay applicable thereto.
Upon request of the Client, Engineer shall provide evidence of the then-current salaries paid to the
Engineer’s personnel for the purpose of verifying the accuracy of any invoices presented for payment by
the Engineer to the Client.
LABOR CATEGORY Lowest Highest
CADD System
CADD system will be billed at a rate of $25.00/hour plus operator time.
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Confidential Page 2
Expert Witness
Expert witness and certificate (merit or lender) duties will be billed at a rate of $500.00/hour.
Surveying Services
Field party rate includes personnel/supervision, normal equipment and supplies. Client requested overtime
shall be 1.5 times standard rate.
One-Man Survey Crew $125.00/Hour
Two-Man Survey Crew $155.00/Hour
Three-Man Survey Crew $185.00/Hour
Four-Man Survey Crew $225.00/Hour
Reimbursable Expenses
Reproduction, telephone, out-of-town travel expenses, and other non-labor charges directly
related to the Project will be billed at cost in addition to the fees agreed upon for Services
rendered. Vehicle mileage will be charged at the current IRS mileage rate per mile. Survey /
Project representative vehicle mileage will be charged at a rate of $0.73 per mile. Filing fees,
permit fees, and other special charges which are advanced on behalf of the Client will be billed
on a similar basis plus a 10% service charge.
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Proposal No. 1140745999
January 8, 2026
Mr. Austin McLean, P.E., CFM
Sr. Project Manager
LJA, Inc.
3600 W Sam Houston Pkwy S, Suite 600
Houston, TX 77042
Reference: Proposal for Geotechnical Investigation
Proposed Bridge – Kingsley Drive at Clear Creek
Pearland, Texas
Dear Mr. McLean:
In accordance with your request, Geotest Engineering, Inc. (Geotest) is pleased to present
this proposal for the geotechnical investigation for the referenced project. The project includes
replacement of existing bridge at Kingsley Drive crossing Clear Creek in Pearland, Texas. The
existing bridge will be replaced with two bridges to accommodate the 4-lane boulevard section. A
small section (approximately 500 feet on each side) of pavement will be replaced on both sides of
the bridge. The existing Clear Creek at the bridge crossing is about 10 feet deep. Further, it is our
understanding that a small retaining wall (5-foot or less) and trail will be constructed under the
bridge.
It is our understanding that the proposed bridge will be designed in accordance with the
latest TxDOT (2024) guidelines.
Purpose and Scope
The purpose of this study is to perform a geotechnical investigation and to develop
geotechnical recommendations for the proposed bridge foundations including abutment stability on
the Kingsley Drive in Pearland, Texas. The scope of services is based on the information provided
on December 16, 2025 , and consists of the following:
• Calling Texas 811 and coordinating with utility locators to get areas for the
proposed borings cleared.
• Perform pavement coring at the proposed boring locations to access the
subsurface soils.
• Drilling and sampling:
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Mr. Austin McLean, P.E., CFM . Proposal No. 1140745999
Page 2 January 8, 2026
Two (2) bridge borings each to the depth of 100 feet below the existing
pavement (based on 10' channel depth to mudline) and two (2) 10-foot borings
for the proposed pavement.
The Proposed Boring Program is shown on Attachment No. 1, and proposed borings are
also shown on Figure 1, Plan of Borings.
•Record 24-hour water level readings.
•Grouting both boreholes using non-shrink cement bentonite grout after
completion of drilling and water level measurements. The use of cement
bentonite grout will eliminate the potential problems and safety hazards
associated with surface settlements that might occur if boreholes are backfilled
with soil cuttings.
•Performing appropriate laboratory tests on selected representative samples to
develop the engineering properties of the soil to meet HCFCD criteria.
•Perform engineering analyses to develop geotechnical recommendations for
proposed bridge replacement, retaining wall, and pavement.
–Develop design axial capacity curves for the bridge foundation (per latest
TxDOT criteria) including L-Pile input data (for Lateral Load analysis
performed by others) for the bridge borings.
–Provide D50 for Scour analysis (performed by others) for the bridge
crossing.
–Perform abutment slope stability (critical section on each bank) for
bridge.
–Provide foundation recommendations and lateral earth parameters for the
retaining wall.
–Provide pavement recommendations for roadway and the trail including
subgrade stabilization.
•Submit a geotechnical investigation report containing a plan showing the
locations of the borings and recommendations as outlined above.
•It is assumed that the borings will be located and tied-in by you or your
surveyors after completion of drilling.
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Mr. Austin McLean, P.E., CFM . Proposal No. 1140745999
Page 3 January 8, 2026
Schedule and Fees
We should be able to start field work within one (1) week after receiving your written
authorization or one (1) week after obtaining the roadway permit, whichever is the latest. The field
work will be completed in about one (1) week, barring bad weather. The laboratory tests will be
completed in about six (6) weeks. The geotechnical report, which will include field and laboratory
data and design recommendations, will be submitted in about ten (10) weeks after receiving the
written authorization.
Based on the scope of work outlined above, the cost of the field investigation, laboratory
testing, engineering analyses, and a geotechnical report will be a lump sum of $40,267.00. The cost
breakdown given in Attachment No. 2 is for additional information only. The invoices will be billed
on Lump Sum basis based on percent completion.
We appreciate the opportunity to submit this proposal. If you have any questions, please
contact us.
Very truly yours,
GEOTEST ENGINEERING, INC.
Naresh Kolli, P.E.
Senior Project Engineer
MB\GD\ego
Copies Submitted: (1-PDF)
Enclosures: Figure 1 – Proposed Plan of Borings
Attachment No. 1 - Proposed Boring Program
Attachment No. 2 - Cost Breakdown
PC38\Geotechnical\Proposals\1140745999.DOC
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Geotechnical Investigation Proposal No: 1140745999
Proposed Bridge at Kingsley Drive over Clear Creek
Pearland, Texas
Quantity
(number)
Depth
(feet)
Footage
(feet)
Bridge 2 100 200
Pavement 2 10 20
Total 4 220
Structures
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Geotechnical Investigation Geotest Engineering, Inc.
Proposed Bridge at Kingsley Drive over Clear Creek Proposal No: 1140745999
Pearland, Texas
Quantity Unit Unit Cost Amount
Engineering Services
Principal 4 hrs.$300.00 $1,200.00
8 hrs.$270.00 $2,160.00
Project Engineer 12 hrs.$165.00 $1,980.00
56 hrs.$126.00 $7,056.00
10 hrs.$96.00 $960.00
Subtotal $13,356.00
Field Investigation
1 LS $746.00 $746.00
Drilling and Continous Sampling (0'-20' )50.0 ft.$27.00 $1,350.00
Drilling and Continuous Sampling (20' to 50')60.0 ft.$32.00 $1,920.00
Drilling and Continuous Sampling (50' to 100')100.0 ft.$45.00 $4,500.00
44.0 ft.$33.00 $1,452.00
Grouting of Completed Bore Holes 220.0 ft.$13.00 $2,860.00
42.0 hr.$13.00 $546.00
4.0 ea.$110.00 $440.00
Additional Thickness (6" to 12")12.0 in.$9.00 $108.00
Traffic Control Cost 4.0 day $1,200.00 $4,800.00
Subtotal $18,722.00
Laboratory Testing
22 ea.$68.00 $1,496.00
Moisture Content Only 88 ea.$10.00 $880.00
Percent Passing No. 200 Sieve 16 ea.$52.00 $832.00
4 ea.$62.00 $248.00
Hydrometer Analyses 2 ea.$164.00 $328.00
22 ea.$69.00 $1,518.00
1 Ea.$71.00 $71.00
Double Hydrometer (ASTM 4221)2 Ea.$266.00 $532.00
4 Ea.$46.00 $184.00
1 Ea.$2,100.00 $2,100.00
Subtotal $8,189.00
Total $40,267.00
Crumb Test (ASTM D 6572)
Triaxial CU Test (includes Back Pressure Saturation and Pore Pressure
Measurements, 3 Specimens) (ASTM D 4767)
HCFCD Criteria for Channel
PC38\Geotechnical\Proposals\1140745999.xls\Cost Breakdown
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
Geotest Engineering, Inc.FIGURE 1
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9
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GEOTEST ENGINEERING, INC.
Boring
NTS
LEGEND
PROPOSED BRIDGE – KINGSLEY DRIVE AT
CLEAR CREEK
PEARLAND, TEXAS
PLAN OF BORINGS
N
Docusign Envelope ID: 8B2EFEF8-5CD1-4301-917B-F483664B0AA0
REIMBURSEMENT AGREEMENT
KINGSLEY DRIVE BRIDGE RECONSTRUCTION
DESIGN AND CONSTRUCTION
}h
This Agreement is entered into this day of t- n-2026, by and between the
CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic
Development Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC have approved the Pearland Prosperity Strategic Plan
which includes strategies to support continued investments in maintaining and/or
updating Pearland's existing infrastructure and to ensure development sites are
supported by best -in -class infrastructure; and
WHEREAS, the City and PEDC desire the reconstruction and expansion of the City's
Kingsley Drive Bridge (hereinafter "Improvements"); and
WHEREAS, the Improvements represent an infrastructure project of the Tax
Reinvestment Zone No. 2 ("TIRZ 2"); and
WHEREAS, TIRZ 2 and the City approved Amendment #6 to the TIRZ 2 Project Plan and
Reinvestment Zone Financing Plan to add funding for the Improvements; and
WHEREAS, the City will contract for the engineering design and construction of the
Improvements; and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, the PEDC desires to fund the engineering design and construction costs for
the Improvements; and
WHEREAS, the City can receive eligible reimbursements from TIRZ 2 for the costs
associated with the engineering design and construction; and
WHEREAS, PEDC conducted a public hearing as required at its January 15, 2026
Board of Directors' meeting and approved funding the engineering design and
construction costs for the City at its February 19, 2026 Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities regarding the engineering design of the Improvements and
reimbursement of said costs.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. City, subject to the contingencies contained in Section 3 below, will be responsible
for designing and constructing the Improvements more accurately described in
Exhibit "A" attached hereto.
2. The total cost of the engineering design and construction is estimated to be
$4,000,000, as itemized in Exhibit "B". PEDC shall fund an amount equal to the
actual cost of the engineering design and construction (PEDC Participation
Amount"), which shall be paid to City in installments or a lump sum amount. The
timing and amount of the payment shall be determined at sole discretion of the
City, but in no event shall the total payments exceed the funding approved by the
TIRZ 2 Project Plan and Reinvestment Zone Financing Plan as amended.
3. This Agreement shall be contingent upon the City and TIRZ 2 entering into a
Financing Agreement with TIRZ 2 whereby City agrees to pre -finance the
engineering design and construction expenses for the Improvements in return for
TIRZ 2's agreement to reimburse said expenses ("Reimbursable Fund Payment").
Within 90 days following City's receipt of a Reimbursable Fund Payment from TIRZ
2 that is attributable to the design and construction of the Improvements, City shall
make payment to PEDC, in an amount equal to the Reimbursable Fund Payment,
as reimbursement for the PEDC Participation Amount.
4. The initial term of this Agreement shall be for a period of five (5) years,
commencing on the 2J-Iday of re--rvr-xe , 2026, and may be renewed as
needed until the Improvements are substantial) complete.
5. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
4. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
5. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
2
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
6. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
7. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
8. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
9. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City:
If to PEDC:
City of Pearland
Attn: Trent Epperson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chair
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
3
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas on -profit corporation
By: P'^^ .
Dena Hanks
Chair
CITY OF PEARLAND,
a Texanicipal corporation
ATTEST:
FrarVices Aguilar
City Secretary
By:
Trent Epperso
City Manager
4
EXHIBIT A
Improvements
The Kingsley Drive Bridge Improvements include the reconstruction of approximately
300 LF of roadway south of Clear Creek to approximately 300 LF north of Clear Creek,
construction of two bridges, one northbound and one southbound, extension of the
waterline from south of Clear Creek to the north side of the creek, a portion of 10' wide
trail with retaining wall under the bridges.
5
EXHIBIT B
Estimated Total Design and
Construction Cost
City Contracts:
• Construction Estimate - $2,722,343
• Construction Contingency at 20% - $518,542
City Estimate - $3,240,885
PEDC Contracts:
• Engineering Design - $726,428
• Construction Phase Services - $32,687
PEDC Estimate - $759,115
Total Project Estimate - $4,000,000
6