HomeMy WebLinkAboutR2026-126 20260928RESOLUTION NO. R2026-126
A Resolution of the City Council of the City of Pearland, Texas, approving a
professional services agreement associated with the Sportsplex at Shadow
Creek Ranch & Clear Creek Segment 1.2 Trailhead Improvements Project
(Project PK2702) to Clark Condon Associates, Inc. in the amount of
$716,216.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That a contract for professional services, a copy of which is attached hereto
as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for professional services.
PASSED, APPROVED and ADOPTED this on the 28th day of September, A.D., 2026.
________________________________
QUENTIN WILTZ
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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Professional Services Contract 1 of 5 4/2019
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Clark Condon Associates, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead
Improvements ("PROJECT"). (Project #PK2702), Contract P93-26.
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 professional services. See Exhibit A, attached,
for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT
schedule shall be submitted in digital and hard copy form in the Microsoft Project
for Windows format.
B.The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C.The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D.The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible 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.
EXHIBIT A Resolution No. R2026-126 Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Professional Services Contract 2 of 5 4/2019
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 Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT’S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
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negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end December 31, 2028.
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) $421,840.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Lump Sum): $146,076.00
3. Bid Phase Services (Lump Sum) $41,555.00
4. Construction Phase Services (Lump Sum) $85,245.00
5. Reimbursable Expenses (Not to Exceed) $21,500.00
6. Total: $716,216.00
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.
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
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delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT’S status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 10401 Stella Link Rd. Houston, TX. 77025.
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
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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.
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.
________________________________
ASSISTANT FINANCE DIRECTOR DATE
CITY OF PEARLAND, TEXAS
________________________________
CITY MANAGER/DIRECTOR
CITY OF PEARLAND, TEXAS DATE
________________________________
CONSULTANT DATE
9.15.26
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9/30/2026 | 8:28 AM CDT
10/1/2026 | 8:29 AM CDT
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
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April 3, 2026
May 11, 2026 REVISED
June 22, 2026 REVISED
July 22, 2026 REVISED
August 7, 2026 REVISED
August 10, 2026 REVISED
September 1, 2026 REVISED
Obioma Nwakanma
Senior Project Manager
City of Pearland Engineering & Public Works
2016 Old Alvin Rd
Pearland, TX 77581
Re: The Sports Complex at Shadow Creek Ranch and Clear Creek Segment 1.2 Trailhead Improvements (PK2702)
Dear Obioma,
We are pleased to provide this proposal for landscape architectural design associated with the proposed The Sports Complex
at Shadow Creek Ranch and Clear Creek Segment 1.2 Trailhead Improvements (PK2702) located in Pearland, Texas. For the
purposes of this proposal, City of Pearland Parks and Recreation Department will be referred to as the Client and Clark Condon
Associates, Inc. as the Landscape Architect.
SCOPE OF WORK - Shadow Creek Ranch Sports Complex is a 65-acre park located at 13050 Shadow Creek Parkway in
Pearland. The proposed improvements include Phase III upgrades to the park and extension of the Kingsley Trail system
focused on expanding recreational opportunities and creating a more accessible, user-friendly experience for visitors. Park
design standards will be incorporated into the design upon release in June 2026.
The Landscape Architect will lead the Design Team which will include Odyssey Engineering for survey services and civil
engineering, Telios for MEP engineering, Project Luong for architectural services, BMG Structural Engineers for structural
engineering, Terracon for geotechnical services, and LJA Environmental Services for environmental services.
The Landscape Architect and Design Team shall be responsible for providing design and documentation services for the project.
This shall be accomplished by working closely with the Client and Design Team. Scope of work includes design and
documentation for the following:
1. On-Site Improvements (within the Sports Complex site):
a. Awards Plaza designed to be a signature space for the community and include lighting, landscaping, and
artwork opportunities; includes a minimum of one conceptual design.
b. Evaluation and minor modification to the existing concession stand to support continued use for the sale of
pre-prepared food and beverages. The scope includes review of the building envelope, interior finishes, and
existing equipment; and recommendations and documentation for improving the layout, functionality, and
overall appeal of the serving area. This scope of work is limited to the concession stand and does not include
improvements to the restrooms or additions to the existing building footprint.
c. Outdoor grill including utility connections.
d. Screen dumpsters and utility area from Awards Plaza
e. Covered pickleball courts with lighting
f. Natural turf multi-purpose field with irrigation located in the existing detention pond basin, accessible from trail
and parking lot, no lighting
g. Flexible artificial turf lawn located opposite existing restrooms and adjacent to existing parking lot, including
covered pavilion lighting and fencing/netting on parking lot side
h. Batting cages, 6-8 total depending on fit within site, including batting cage lights
i. Sidewalk connection from existing softball field to concessions structure
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j. Lighting improvement at existing playground; light poles will be designed to City of Pearland standards
k. Lighting improvements at existing west parking lot adjacent to the concessions structure; light poles will be
designed to City of Pearland standards.
l. Re-striping and labeling existing fire lane and building identifiers.
2. Off-Site Improvements (within the Shadow Creek Ranch Nature Trail):
a. Concrete trail along Clear Creek; approximately 3,000 linear feet connecting trail from Kingsley Drive to
existing drainage channel
b. Parking lot expansion with lighting on the east side of Kingsley and north of existing parking lot, including
associated trailhead improvements with lighting
c. Lighting improvements to the existing parking lot east of Kingsley Drive with MUSCO lighting as basis of
design
d. Natural turf multi-purpose field with irrigation and lighting south of existing parking lot, approximately 4 acres
e. Parking lot expansion for 40-50 spaces within the northeast portion of the West Pearland Library site, including
associated trailhead improvements with lighting and parking lot striping for the new lots
3. Grading, drainage, and SWPPP
4. Hydrologic and hydraulic analysis, including LOMR for proposed Kingsley walking trail
5. Demolition, tree protection, and preservation
6. Planting and irrigation
7. Site furnishings
8. Signage, wayfinding, and trail markers adhering to City of Pearland Parks signage standards. Client is responsible for
emergency markers
9. Topographic survey including mapping of utility lines; survey will be focused on areas needed for the scope of work,
including the baseball and softball field, and not the entire property
10. Boundary survey of off-site property if required
11. Geotechnical report
12. Environmental report for off-site improvements
30% SUBMITTAL (PRELIMINARY DESIGN) - The Landscape Architect and Design Team shall prepare Preliminary Design
drawings for the project. Drawings shall indicate general concepts, spatial relationships, scale, and form, and respond to site
conditions, the program, and budget. Services to be provided in this phase include:
1. Visit the site to become familiar with the existing features of the site and the surrounding area.
2. Project management and coordination with Design Team to develop Preliminary Design concepts.
3. Organize and schedule meetings with the Client and Design Team to review design concepts. Meetings included in
this scope include a kick-off meeting with Client, review of preliminary concepts, review of refined concepts, and
intermediate coordination meetings as needed to advance the project.
4. Prepare Preliminary Concepts and options for the overall scope.
5. Present Preliminary Concepts to the Client for review and discussion. Following this input, the concepts will be
consolidated into one design.
6. Prepare a budgetary construction cost estimate based on Preliminary Design.
7. Initiate topographic survey, geotechnical report, and environmental report.
8. Deliverables include rendered plans, elevations, and perspectives.
60% SUBMITTAL (DESIGN DEVELOPMENT) – Design Development shall be initiated after the Client’s approval of the
Preliminary Design. During this phase, we shall refine the design and budgets for the project. Design Development drawings
shall depict actual materials, sizes, and locations of all landscape elements. Services to be provided in this phase include:
1. Prepare Design Development plans for all areas approved during Preliminary Design.
2. Select materials for all landscape architecture aspects, i.e., plaza(s), pavilions, fencing, lighting, and plantings in
accordance with City Standards.
3. Organize and schedule Client and Design Team meetings as needed for the execution of the work. Meetings included
in this scope include 60% milestone submission and intermediate coordination meetings as needed to advance the
project.
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4. Present Design Development plans and materials to the Client for review and discussion.
5. Provide preliminary demolition, tree protection, and removal plan and details.
6. Provide preliminary grading, drainage, and SWPPP plans.
7. Provide preliminary electrical plans and calculations.
8. Provide preliminary architectural plans and details.
9. Layout irrigation concept and main line.
10. Prepare cost estimates based on Design Development drawings.
11. Prepare draft project manual and technical specifications utilizing City of Pearland standards.
12. Coordination of architectural, mechanical, electrical, structural, and utility requirements.
13. Coordination of location and power requirements for Owner-purchased field lights.
14. Conduct project QA/QC review with Design Team.
15. Deliverables include site plans at 1” = 30’ scale indicating all items approved in Design Development.
90% SUBMITTAL (CONSTRUCTION DOCUMENTS) – The Construction Documents phase shall be initiated after the Client’s
approval of the Design Development drawings. The Landscape Architect shall prepare Construction Documents and technical
specifications for bidding and installation of all landscape architectural elements approved in Design Development. Services to
be provided in this phase include:
1. Provide site plans at 1” = 30’–0” scale indicating all items approved in Design Development.
2. Provide details for all improvements as required for proper construction, installation, or finishing of all landscape
components.
3. Prepare layout plans dimensioning all proposed improvements.
4. Prepare planting plans including all tree, shrub, vine, and groundcover selections for all locations.
5. Prepare irrigation plans including specifications, identification, location, and sizing of the irrigation system and its
component parts.
6. Prepare tree protection and removal plans, details, and mitigation calculations. Comply with local tree ordinance and
coordinate with the forestry department for trees removed from the site as necessary.
7. Provide grading, drainage plans, and SWPPP prepared by civil engineer.
8. Provide electrical plans prepared by electrical engineer.
9. Provide architectural plans and details prepared by architect.
10. Provide structural foundation details prepared by structural engineer.
11. Provide electrical plans for connection of Owner-purchased field lights.
12. Prepare final construction cost estimate to include unit costs at current construction dollars.
13. Organize and schedule Client and Design Team meetings as needed for the execution of the work. Meetings included
in this scope include 90% milestone submission and intermediate coordination meetings as needed to advance the
project.
14. Prepare final project manual including contract documents and technical specifications utilizing City of Pearland
standards..
15. Conduct project QA/QC review with Design Team.
16. Issue signed and sealed permit set; assumes one permit package will be prepared for submission
17. Submit plans for regulatory approval including TDLR, City of Pearland, and Drainage District.
18. Prepare final Construction Documents in reproducible format and digital format, AutoCAD.
BIDDING – After completion and approval of the Construction Documents, the Landscape Architect shall assist the Client with
putting the plans out for public bid. This scope assumes we shall prepare one bid package.
1. Attend a pre-bid conference.
2. Prepare addenda as necessary.
3. Evaluate bids, references, and make recommendations for contracts.
4. Attend City Council meeting for award of contract and answer questions as necessary.
5. Prepare final contract documents for execution.
6. Revise the Construction Documents in a closing addendum, which incorporates any revisions and cost-saving items
agreed to during the bidding phase.
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CONSTRUCTION PHASE SERVICES – The Landscape Architect shall provide Construction Phase Services for the project.
Services to be provided in this phase include:
1. Attend pre-construction meeting with Client and Contractor.
2. Attendance at bi-weekly Owner/Architect/Contractor meetings from notice to proceed to substantial completion. Where
practical, especially at the start of construction and as planned with the Client, meetings may be held virtually. Based
on the scope of work, we anticipate the length of construction to be a maximum of 365 calendar days.
3. Perform periodic site visits in coordination with O/A/C meetings. The Design Team shall visit the site at intervals
appropriate to the stage of construction, or as otherwise agreed with the Client, to become generally familiar with the
progress of the portion of the Work completed, and to determine in general if the Work observed is being performed in
a manner indicating the Work, when fully completed, shall be in accordance with the Contract Documents. However,
the Landscape Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. The Landscape Architect shall not have control over, charge of, or responsibility for, the
construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in
connection with the Work, since these are solely the Contractor’s rights and responsibilities. Landscape Architect shall
not be held responsible for any error or omission of other consultants or the Contractor in any way involving or arising
out of Construction Phase Services.
4. Prepare elementary and supplementary sketches required to resolve field conditions related to design.
5. Review and take appropriate action on submittals, RFIs, and shop drawings submitted by contractors for conformance
with the design concept.
6. Inspect plant materials, pre-delivery and on site, to assure conformance with plans and specifications as necessary.
7. Attend a substantial completion walkthrough at the conclusion of the construction and provide a punch list to the
Contractor to complete the project. Issue certificate of substantial completion.
8. Attend a final walkthrough to verify completion of punchlist. Issue final certificate of completion.
9. Based on site visits, and the data comprising the pay application, the Landscape Architect shall review and certify to
the Client that to the best of the Landscape Architect’s knowledge, information, and belief the Work has progressed as
indicated and the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to
payment of the amount certified. 10. Review change order requests and provide recommendations to the Client for approval.
FEE - The total fee for this project is a lump sum based upon the estimated time and scope for professional services as outlined
below, plus reimbursable expenses.
Basic Services
30% Submission (Preliminary Design) $100,346.00
60% Submission (Design Development) $130,129.00
90% Submission (Construction Documents) $191,365.00
Bidding $41,555.00
Construction Phase Services $85,245.00
TOTAL BASIC SERVICES $548,640.00
Supplemental Services
Topographic Survey $42,084.00
LOMR or CLOMR $36,666.00
Geotechnical Report $15,750.00
Boundary Survey $8,935.50
USACE Submission (Not to Exceed, if Required) $36,750.00
Environmental Report $5,890.50
TOTAL SUPPLEMENTAL SERVICES $146,076.00
Estimated Reimbursables $21,500.00
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GRAND TOTAL $716,216.00
REIMBURSABLE EXPENSES - The Client shall pay the Landscape Architect for the cost of messengers, mileage at current
IRS rate, printing, permit and review fees, TDLR review and inspection fees, services of professional consultants which cannot
be quantified at the time of contracting, and other directly related costs. All expenses shall be billed at cost to a maximum of
$21,500.00.
ADDITIONAL SERVICES – We consider additional services to include changes made after final design has been approved and
we have been authorized by the Client to proceed to the next phase or because of Client changes to previous Project budget
parameters or Project requirements. An additional services lump sum proposal shall be submitted to the owner for approval
prior to the start of any out-of-scope work.
HOURLY RATES
Partner $350.00
Principal $275.00
Associate Principal $235.00
Senior Associate $200.00
Associate $165.00
Junior Associate $145.00
Landscape Designer $125.00
Design Intern $100.00
Administrative $90.00
Hourly rates shall not change during the course of the project.
EXCLUSIONS TO THE CONTRACT
1. Existing site engineering and utility base information
2. Mechanical and plumbing engineering associated with concessions building
3. Archeological Investigation
4. LEED Documentation
5. Graphics
6. Procurement of MUSCO sports field lighting
7. Envelope and waterproofing design and review for existing concessions building
8. Off-site infrastructure design, i.e. off-site utilities, roadway improvements, turn lanes, etc.
9. Traffic impact analysis
10. Dry utilities design or coordination
11. Requests for variance
12. Fire alarm system
BILLING - Billing shall be monthly based on the portion of the total estimated fee. Invoices shall be due upon receipt. Clark
Condon Associates, Inc. reserves the right to charge the amount of interest allowable under the current laws of the State of
Texas on any invoices not paid within thirty (30) days.
STANDARD OF CARE – The Landscape Architectural Services shall be performed with care and diligence as is consistent with
the professional skill and care applicable at the time and in the location of the Project and appropriate for a project of the nature
and scope of this Project.
INFORMATION PROVIDED BY OTHERS – The Client shall furnish, at the Client’s expense, all information, requirements,
reports, data, surveys, and instructions required by this Agreement. The Landscape Architect may use such information,
requirements, report, data, surveys, and instructions in performing its services and shall verify the accuracy and completeness
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thereof. The Landscape Architect shall not be held responsible for any errors or omissions that may arise as a result of
erroneous or incomplete information provided by the Client and/or the Client’s consultants and contractors.
CONSTRUCTION COST ESTIMATION – In providing estimations of probable construction cost, the Client understands that the
Landscape Architect has no control over the cost or availability of labor, equipment or materials, or over competitive bidding,
market or negotiating conditions, or the Contractor’s method of pricing, and that the Landscape Architect’s estimations of
probable construction costs, if any are made on the basis of the Landscape Architect’s professional judgment and experience
only. The Landscape Architect makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not
vary from the Landscape Architect’s estimation of probable construction cost.
ASSIGNMENT – Neither party shall assign their interest in this Agreement without the express written consent of the other,
except as to the assignment of the proceeds.
GOVERNING LAW – This Agreement shall be construed and enforced in accordance with the laws of the State of Texas.
JURISDICTION – The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional
practices of persons registered as landscape architects in Texas. The Board may be reached at the following address:
Texas Board of Architectural Examiners
P.O. Box 12337, Austin, TX 78711-2337
Phone (512) 305-9000, Fax (512) 305-8900
Sincerely,
Elizabeth Gilbert, PLA
Managing Principal
APPROVED: ______________________DATE: _________________________
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Project Name
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Schematic Design 30 15 80 50 2 177
Design Development 30 15 100 80 2 227
Construction Documents 12 55 160 130 4 361
Bidding 4 8 45 15 4 76
Construction Phase Services 9 50 70 30 2 161
HOURS SUB-TOTALS 85 0 143 0 455 0 305 14 1002
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)350.00$ 275.00$ 235.00$ 200.00$ 165.00$ 145.00$ 125.00$ 90.00$
177,815.00$
100%
Basic Services 177,815.00$
177,815.00$
21,500.00$
36,750.00$
5,206.00$
474,945.00$
716,216.00$
AdminPartnerPrincipalSenior
Associate Associate Landscape
DesignerJr AssociateAssoc Principal
Page 1 of 1 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
11111 Katy Freeway Suite – 910
Houston TX, 77079
P 770 329 2276
TX. Firm F-23438
05/11/2026
Clark Condon
10401 Stella Link Rd, Houston, TX 77025
Re: Proposal for Structural Engineering Service
The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead Improvements (PK2702)
Pearland TX
A,n: Elizabeth Gilbert
Dear Ms. Gilbert
We are pleased to submit this proposal to provide the structural engineering services for the above-referenced
project.
This proposal is presented to establish a basis for commencement of our por/on of the Work.
SCOPE OF PROJECT
A-Buildings
·Evaluate existing concession stand and make minor modification to make useable for concessions.
·Design and construction document
·Design and construction documents of foundation of pre-engineered metal frame new Pavilion
(covered pickleball courts)
·Design and construction documents of foundation of pre-engineered metal frame small pavilion
B-Site structures
·4 pickleball court slabs (these will be under one of the pavilions)
·Pickleball fencing founda/ons
·Parking lot light pole founda/ons
·Site ligh/ng pole founda/ons
·Ba4ng cages founda/ons
·concrete seat walls and steps at awards area outside the exis/ng concessions
·Trailhead signage
C- Specifica7ons (as needed)
D- TDI – Cer7fica7on for small and large pavilions
-Pre engineered metal frame designer will design strictly per design criteria provided by us.
-Pre-engineered metal frame designer shall provide design calcula7ons of the frame , purlins , decks,
a,achments etc . Spec of each product including the screws shall be provided for our review.
E- Construc7on Administra7on (Field RFI and Shop drawings)
The founda/on for the new structures is assumed to be slab on compacted grade with drilled piers suppor/ng the
super structure. The founda/on type and design will be determined based on the soil report
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
11111 Katy Freeway Suite – 910
Houston TX, 77079
P 770 329 2276
TX. Firm F-23438
1- One Site visit to study and assess the exis/ng concession stand.
2- Provide borehole numbers and loca/ons and review Geo tech report
3- Design and draw new founda/on work and per/nent general notes.
4- Design and draw new super structure framing and per/nent general notes.
5- Reinforce the exis/ng concession as need based on assessment
6- Respond to permit comments and revise construc/on document per permit comments and
recommenda/ons.
7- Review shop drawings, calcula/ons etc and design of the delegated work. Respond to field ques/ons
and RFIs.
8- Two site visits ( founda/on + framing inspec/on) **
FEES & EXPENSES— Our fee is 32,600 broken in to 15/20/40/5/20 percents as listed below, respec/vely.
Task # Schematic
Design
Design
Development
Construction
Documents
Permitting /
Bidding
Construction
Administration Subtotal
Structural Engineering 4890 $6520 $13040 $1630 $6520 $32,600
** any addi/onal site visit will be at rate of $900.00 per visit
Addi/onal work, not contemplated at present and not outlined in the above paragraph en/tled "SCOPE," will be
billed at the hourly rates indicated below. Addi/onal work includes any client change to the architectural design
originally provided to this company, if it requires changes in the structural plans.
ADDITIONAL SERVICES
Addi/onal services will include but are not limited to the following:
1. Significant changes to the scope of the project.
2. Major revisions to work product once approved by the client.
3. Work required by enactment or revision of codes , laws or regula/ons aDer project ini/a/on
4. Changes to substan/ally completed work.
5. Subsequent to the selec/on of the primary structural system(s), work associated with revising the design
and documents to accommodate alternate structural systems.
6. Work resul/ng from correc/ons or revisions required because of errors or omissions in construc/on by the
contractor or subcontractor
We will invoice for Addi/onal Services on the first day of each month on a /me card basis.
Exclusions;
a- Means and Methods of construc/on
b- The engineering design and construc/on documents associated with exterior site work such as retaining
walls, paving, drainage structures, walks, u/lity structures, flagpoles and light pole founda/ons, etc.,
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
11111 Katy Freeway Suite – 910
Houston TX, 77079
P 770 329 2276
TX. Firm F-23438
outside the building lines is outside of our scope of structural services. Some of the site structures can be
designed by our firm in hourly basis.
c- The engineering design and construc/on documents associated with hangers or other items specified in
the mechanical and electrical sec/ons is outside of scope of our structural services. Any addi/onal services
beyond the scope of services above required and authorized by you, will be performed on a /mecard basis.
See Appendix A for a breakdown of hourly rates.
OBSERVATION SERVICES--
BMG Structural will provide founda/on and framing observa/ons to verify general conformity with the structural
drawings and are in the Clients’ best interest. WriHen reports or a checklist will document observa/ons.
Thank you for calling on BMG Structural for this proposal. If you have any ques/ons, please do not hesitate to call us.
Should this proposal meet with your approval, please indicate your acceptance by signing in the space provided and
return a copy to the above referenced address.
Ben “Biniam” MIchael, PE, SE
president
ACCEPTED:
Company:
By:
Title:
Date:
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
11111 Katy Freeway Suite – 910
Houston TX, 77079
P 770 329 2276
TX. Firm F-23438
APPENDIX A
HOURLY BILLING RATES – 2026
Category
Rates
Principal
$220.00/hour
Site Observa/on Technician
$195.00/hour
Senior Engineer
$185.00/hour
Junior Engineer
$160.00/hour
Senior CAD Designer
$125.00/hour
Junior CAD Designer $100.00/hour
Clerical $ 70.00/hour
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
TOTAL
Schematic Design 10 15 1 26
Design Development 15 30 1 46
Construction Documents 25 35 1 61
Bidding/Permitting 10 13.25 23.25
Construction Phase Services 15 15
HOURS SUB-TOTALS 0 75 0 80 0 0 0 16.25 171.25
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)350.00$ 220.00$ 235.00$ 185.00$ 165.00$ 145.00$ 125.00$ 80.00$
TOTAL LABOR COSTS -$ 16,500.00$ -$ 14,800.00$ -$ -$ -$ 1,300.00$ 32,600.00$
% DISTRIBUTION OF STAFFING 0.00%50.61%0.00%45.40%0.00%0.00%0.00%3.99%100%
Basic Services 32,600.00$
32,600.00$
-$
-$
32,600.00$
Improvements (PK2702)
AdminPartnerPrincipalSenior
Associate Associate Landscape
DesignerJr AssociateAssoc
Principal
Page 1 of 1 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
1 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
March 24, 2026
PROPOSAL
Clark Condon
Ms. Elizabeth Gilbert PLA
10401 Stella Link Road
Houston, Texas 77025
Via email: egilbert@clarkcondon.com
Re: Proposal for Environmental Services
The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2
Trailhead Improvements (PK2702)
Brazoria County, Texas
EV1844-260363
Dear Ms. Gilbert:
At the request of Clark Condon (“Client”), LJA Environmental Services, LLC (“LJAES”) has prepared this
proposal to provide environmental services for Kingsley Trail and Parking Expansion Project located in
Brazoria County, Texas.
Scope of Work and Cost Estimate
LJAES proposes to provide the service listed below. A detailed scope of work for this task is provided in
Attachment A. Proposed costs are fixed fees, to be progress-billed, on a percent-complete basis.
•Task 001: WOTUS Delineation…………………………………………………..$5,610.00
TOTAL: $5,610.00
Extraneous circumstances that could potentially impact this Proposal, including agency coordination or review,
accessibility, unforeseen circumstances, design changes, and state or federal regulatory changes, may also
affect project costs which are not included in this estimate. This proposal and cost estimate are valid for 90
days.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
2 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
Information Needs
•Exhibit that depicts the boundary of the project area (survey map, kmz file, shapefile, or legal
description of the subject site).
•Contact information for site access.
•A conceptual development plan including project schematics.
Terms and Conditions
LJAES’s General Conditions for Services are attached hereto as “Attachment B” and are part of this Agreement.
If this proposal is acceptable, please complete, sign, and return the Proposal Acceptance Form (page 3), along
with the information requested above (“Information Needs”).
LJAES appreciates the opportunity to provide environmental consulting services for this project. Should you
have any questions about this proposal, please contact me at kmorgan@lja.com.
Sincerely,
Keith Morgan
Vice President
Attachments:
A – Detailed Scope of Work
B – Level of Effort Sheet
C – General Conditions for Services
Signature Page Follows
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
3 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
Proposal Acceptance and Right of Entry
Client authorizes LJAES to commence services upon execution of this Agreement. Client and LJAES agree that
this Agreement, the Proposal, and any attachments incorporated herein by reference (the “Agreement”)
constitute the entire Agreement between the parties. The signatory below also represents that the Client has, or
has secured, the legal authority to grant permission for LJAES’s personnel to enter the subject property, as
necessary, to conduct project activities, and that such permission is hereby granted to LJAES by execution of
this Agreement. If Client is a Corporation, Partnership, or other business entity, the individual signing below
warrants that they have the authority to bind and to sign on behalf of the Client.
Project: Kingsley Trail and Parking Expansion Project located in Brazoria County, Texas.
•…………………………………………………..
Organization (Legal Name) Signature
Mailing Address Printed Name
City, State, ZIP E-mail Address
Phone Date
Billing Contact:
Printed Name E-mail Address
Please provide:
•Your project name, if different from above:
•Your P.O. or project number, if applicable:
•Project Owner/Sponsor (required if public project):
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
4 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
ATTACHMENT A
TASK 001
WOTUS DELINEATION
SCOPE OF WORK
The objective of the delineation is to evaluate and document any portion of the site to be classified as a "Jurisdictional
Water of the United States" as defined in 33 CFR 328 and subject to U.S. Army Corps of Engineers (USACE)
jurisdiction. The delineation will be conducted according to the 2010 Regional Supplement to the Corps of
Engineers (USACE) Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (v.2). The recent
guidance and supplemental criteria have altered the primary determining factors for identifying waters of the United
States. However, compliance with these criteria requires a significant increase in the documentation and scientific
evaluation.
Delineation work will consist of the following tasks:
Task 1: Review of NRCS Soil Surveys: Task 1 will include a review of previously published soil data
published by the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), to
determine the types of surface soils expected to be confirmed by on-site soil analysis.
Task 2: Review of Aerial Photographs: Task 2 will include a review of historical aerial color and black/white
photographic enlargements for selected years. Infrared color photographs will be analyzed for the presence
of wetland signature color distortions. Information for all photographic interpretation will be compared to
locate recurring sites where wetland signatures are present.
Task 3: Site Reconnaissance for WOTUS Indicators.: Task 3 will include inspecting the property under the
field procedures outlined in the Corps of Engineers Wetland Delineation Manual – Technical Report Y-87-
1 by the USACE.
Transects are required for tracts greater than 5 acres in size, unless negotiated with the USACE to forego
transects based on the homogeneous landscape and habitat type. If necessary, transects will be performed
across the property, perpendicular to the nearest watercourse. Samples of vegetation, soils, and hydrology
indicators will be taken at each change in topography or vegetation. Vegetation samples will be evaluated
and recorded at each sample area. Upland vegetation will be verified, for it is as significant as wetland
vegetation in the determination process. Inspection of the property for evidence or lack of wetland hydrology
will be performed at each sample area. Soil samples will be evaluated at each test site for their hydric and
non-hydric characteristics. Non-hydric soils verify upland status and are as significant as hydric soils in the
determination process.
Task 4: Demarcation of WOTUS Areas: Task 4 will include the marking of the jurisdictional wetland areas
and/or the ordinary high-water mark for location Global Positioning System (GPS). Location of the areas
by GPS survey using the USACE- Galveston District April 2016 Standard Operating Procedures for
Jurisdictional Delineations using GPS and Geographic Information Systems (GIS) Tool and
Technologies.
Task 5: Preparation of a Map Representing WOTUS Areas: The boundaries of all Section 10 and 404
waters/wetland limits within the property boundaries will be plotted on a scaled map. Each Jurisdictional
area will be depicted with the following information: (1) size and shape; (2) surface area calculation (acres);
and (3) combined total wetland and Jurisdictional Water area calculations for the entire subject tract. The
final report submitted to the client from LJAES will reflect the surveyed data from the GPS survey showing
the location of the wetlands.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
5 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
Task 6: Report Preparation: Task 6 will include the preparation of a final report. Upon completion of the site
reconnaissance, data translation, and map preparation, a report will be completed, two copies of which will
be given to the client. The report will include a discussion of methodology used to delineate the tract, site
findings, copies of all historical information reviewed, such as U.S. Geological Survey topographical maps,
NRCS soil survey maps, aerial photographs, site photographs, USACE routine data sheets, and a WOTUS
Delineation map.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
7 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
ATTACHMENT C
GENERAL CONDITIONS FOR SERVICES
Article 1: Services by Consultant
1.1 Standard of Care. Consultant will perform the
scope of services (herein the “Services”) expressly described
in this Agreement, after it is signed by both parties. The
Services performed by Consultant will be conducted in a
manner consistent with the degree of care and skill ordinarily
exercised by competent consultants performing the same or
similar services in the same locale acting under similar
circumstances and conditions.
1.2 Restoration. Consultant will exercise reasonable
care to minimize damage to the site. However, Client
acknowledges that some damage may occur in the normal
course of performing the Services, even if due care is
exercised, and agrees that Consultant will not be liable for
such damage and will be entitled to additional compensation
if it is asked to perform restoration services not expressly
included in the Services.
1.3 Reports and Investigations. If Consultant's
performance of the Services includes assessment,
identification, or testing services, the number of
investigations and observations Consultant makes, the
number of samples it collects, or the number of tests it
performs are necessarily limited by budgetary and time
constraints, and observations and samples by their specific
locational nature may not exactly represent similar samples
or observations in the immediate vicinity. Consultant does
not guarantee that all violations, problems, or sources of
possible environmental condition will be identified, that all
contaminants or environmental condition will be
detected/identified, or that requirements, standards, or
conditions will not change over time. Any report issued by
Consultant will set forth its findings and conclusions based on
the limited information available from the observations,
investigations, sampling, and/or testing conducted under this
Agreement. In preparing its report, Consultant may review
and interpret information provided by Client, third parties, and
regulatory agencies and will be entitled to rely on the
accuracy of such information, including laboratory results,
without performing an independent verification. Consultant
may include in its report a Statement of Limitations describing
the limitations of its investigations and findings and indicating
that the report is for Client's use only and will not be relied
upon by any third party, except as expressly agreed in writing
by Consultant, and then only at such third party's own risk.
1.4 Documents. All reports and documents prepared
and deliverable to Client pursuant to this Agreement will
become Client's property upon full payment to Consultant.
Consultant may retain file copies of such deliverables. All
other reports, notes, calculations, data, drawings, estimates,
specifications, and other documents and computerized
materials prepared by Consultant are instruments of
Consultant's Services and will remain Consultant’s property.
All deliverables provided to Client are for Client's use only for
the purposes disclosed to Consultant, and Client will not
transfer them to others or use them or permit them to be used
for any extension of the Services or any other project or
purpose, without Consultant's express written consent.
1.5 Services Not Included. Unless expressly included
in the Services, Consultant's services will not include the
following:
(a) the detection, removal, treatment, transportation,
disposal, monitoring, or remediation of any contamination of
soil or groundwater at the site by petroleum or petroleum
products (collectively called "Oil") or hazardous, toxic,
radioactive, or infectious substances, including any
substances regulated under RCRA or any other federal,
state, or local environmental laws, regulations, statutes,
rules, standards, or ordinances (collectively called
"Hazardous Materials");
(b) mechanical compaction of backfill;
(c) dewatering before installation or filling tanks with
liquid or ballast following installation;
(d) pump-out or disposal of product, water, or other
contents from existing tanks;
(e) installation of anchor systems, foundations, shoring,
or other support devices;
(f) concrete, blacktop, water, sewer, electricity, or other
outside services;
(g) the removal of any soil or water;
(h) installation of protective fencing or other structure; or
(i) construction or monitoring.
Consultant will be entitled to additional compensation if it is
asked to perform or provide such services listed above.
Consultant will not be responsible for damage to or
imperfections in any concrete slabs it installs unless they are
protected by Client from traffic for seven days.
1.6 Estimates. Any estimates of probable construction
or implementation costs, financial evaluations, feasibility
studies, or economic analyses prepared by Consultant will
represent its best judgement based on its experience and
available information. However, Client recognizes that
Consultant has no control over costs of labor, materials,
equipment, or services furnished by others or over market
conditions or contractors' methods of determining prices.
Accordingly, Consultant does not guarantee that proposals,
bids, or actual costs will not vary from opinions, evaluations,
or studies submitted by Consultant.
1.7 Other Contractors. Except to the extent expressly
agreed in writing, Consultant will not have any duty or
authority to direct, supervise, or oversee any contractors of
Client or their work or to provide the means, methods, or
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
8 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
sequence of their work or to stop their work. Consultant's
Services and/or presence at a site will not relieve others of
their responsibility to Client or to others. Consultant will not
be liable for the failure of Client's contractors or others to fulfill
their responsibilities, and Client agrees to indemnify, hold
harmless, and defend Consultant against any claims arising
out of such failures.
1.8 Litigation Support. Consultant will not be obligated
to provide expert witness or other litigation support related to
its Services, unless expressly agreed in writing. In the event
Consultant is required to respond to a subpoena, government
inquiry, or other legal process related to the Services in
connection with a proceeding to which it is not a party, Client
will reimburse Consultant for its costs and compensate
Consultant at its then standard rates for the time it incurs in
gathering information and documents and attending
depositions, hearings, and the like.
Article 2: Responsibilities of Client
2.1 Client Requirements. Client, to the best of its
ability, without cost to Consultant, will:
(a) Designate to Consultant a person to act as Client's
representative;
(b) Provide or arrange for access and make all
provisions for Consultant to enter any site where Services are
to be performed;
(c) Furnish Consultant with all reasonably available
information pertinent to the Services;
(d) Furnish Consultant with a legal description of the site
and all available surveys, site plans, and relevant information
about site conditions, topography, boundaries, easements,
zoning, land use restrictions, and rights-of-way, if available
and as needed;
(e) Furnish Consultant with all approvals, permits, and
consents required for performance of the Services except for
those Consultant has expressly agreed in writing to obtain;
(f) Notify Consultant promptly of all known or suspected
Hazardous Materials at the site, of any contamination of the
site by Oil or Hazardous Material, and of any other conditions
requiring special care, and provide Consultant with any
available documents describing the quantity, nature, location,
and extent of such materials, contamination, or conditions;
(g) Comply with all laws and provide any notices
required to be given to any government authorities in
connection with the Services, except for such notices
Consultant has expressly agreed in writing to give;
(h) Before commencement of any drilling or excavation
at a site, furnish Consultant with a complete description (to
the best of their ability) of all underground objects and
structures at the site, including, but not limited to, wells, tanks,
and utilities; and indemnify, hold harmless, and defend
Consultant against claims arising out of damages to
underground objects or structures not properly defined;
(i) Provide Consultant with information concerning prior
owners of the site and any current or historical uses of or
activities on the site by Client, prior owners, or others, as
needed;
(j) Furnish to Consultant any known contingency plans
related to the site; and
(k) Furnish to Consultant any previous environmental
audits and/or assessments related to the site.
2.2 Hazards. Client represents and warrants that it does
not have any knowledge of Hazardous Materials or Oil, or
unusually hazardous conditions at the site or of
contamination of the site by Oil or Hazardous Materials
except as expressly disclosed to Consultant in writing.
2.3 Confidentiality. Client acknowledges that the
technical and pricing information contained in this Agreement
is confidential and proprietary to Consultant and agrees not
to disclose it or otherwise make it available to others without
Consultant 's express written consent.
2.4 Health and Safety. Client acknowledges that it is
now and will at all times remain in control of the project site,
and Client acknowledges and agrees that it retains title to all
conditions existing on the site and shall report to the
appropriate public agencies, as required, any conditions at
the site that may present a potential danger to the public
health, safety, or the environment. Client waives any claim
against Consultant for injury or loss arising from such
conditions. Except as expressly provided herein, Consultant
will not be responsible for the adequacy of the health or safety
programs or precautions related to Client's activities or
operations, Client's other contractors, the work of any other
person or entity, or Client's site conditions. Consultant will
not be responsible for inspecting, observing, reporting, or
correcting health or safety conditions or deficiencies of Client
or others at Client's site. So as not to discourage Consultant
from voluntarily addressing health or safety issues while at
Client's site, in the event Consultant does address such
issues by making observations, reports, suggestions, or
otherwise, Consultant will nevertheless have no liability or
responsibility arising on account thereof. Client agrees to
indemnify, hold harmless, and defend Consultant to the
fullest extent permitted by law against any and all claims
arising out of such programs, activities, conditions, or
deficiencies unless Consultant is responsible for gross
negligence with regard to its work.
Article 3: Changes; Delays; Excused Performance
3.1 Changes. Unless this Agreement expressly
provides otherwise, Consultant's proposed compensation
represents its best estimate of the costs, effort, and time it
expects to expend in performing the Services based on its
reasonable assumption of the conditions and circumstances
under which the Services will be performed including, but not
limited to, those stated in Section 3.2. As the Services are
performed, conditions may change or circumstances outside
Consultant 's reasonable control (including changes of law or
regulatory policy) may develop that would require Consultant
to expend additional costs, effort, or time to complete the
Services, in which case Consultant will notify Client, and an
equitable adjustment will be made to Consultant's
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9 LJA Environmental Services, LLC
Project # EV1844-260363
March 24, 2026
compensation. In the event conditions or circumstances
require the Services to be suspended or terminated,
Consultant will be compensated for Services previously
performed and for costs reasonably incurred in connection
with the suspension or termination.
3.2 Assumptions. Unless specified in writing,
Consultant 's compensation is based on the assumption that:
(a) there is no impact spoil or excavation of natural resources
on or adjacent to the site that has not been disclosed to
Consultant by the client; (b) there is no contamination of soil
or groundwater at the site by Oil or Hazardous Materials that
has not been disclosed to Consultant by Client, (c)
Consultant will not encounter any underground structures,
utilities, boulders, rock, water, running sand, or other
unanticipated conditions in the course of drilling or
excavation; (d) tank installations will not require dewatering
by Consultant; and (e) if Consultant's Services includes
services related to petroleum facilities or storage tanks,
groundwater will not cause tanks to float or require the use of
Ballast. Consultant will be compensated for any additional
efforts expended or costs incurred in addressing such
conditions.
3.3 Force Majeure. Consultant will not be responsible
for any delay or failure of performance caused by fire or other
casualty, labor dispute, government or military action,
transportation delay, inclement weather, Act of God, act or
omission of Client or its contractors, failure of Client or any
government authority to timely review or to approve the
Services or to grant permits or approvals, or any other cause
beyond Consultant's reasonable control. In the event of such
delay or failure, the time for performance will be extended by
a period equal to the time lost plus a reasonable recovery
period, and the compensation will be equitably adjusted to
compensate for any additional costs Consultant incurs due to
any such delay.
3.4 Disputes. The parties shall attempt to settle all
claims, disputes, and controversies arising out of or in relation
to the performance, interpretation, application, or
enforcement of this Agreement, including but not limited to
breach thereof, by discussion between the parties’ senior
representatives. If any dispute cannot be resolved in this
manner, within five (5) business days, the parties agree to
refer such claims, disputes, and controversies to mediation
by a mediator mutually agreed to and equally paid for by the
parties before, and as a condition precedent to, the initiation
of any adjudicative action or proceeding, including arbitration.
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.
In the event any actions are brought to enforce this
Agreement, the prevailing party shall be entitled to collect its
litigation costs including reasonable attorney’s fees from the
other party.
Article 4: Compensation
4.1 Rates. Unless otherwise agreed in writing,
Consultant will be compensated for its Services at its
standard rates and will be reimbursed for costs and expenses
(plus reasonable profit and overhead) incurred in its
performance of the Services.
4.2 Invoices. Consultant may invoice Client on a
monthly or other progress billing basis. Invoices are due and
payable upon receipt by Client. On amounts not paid within
30 days of invoice date, Client will pay interest from invoice
date until payment is received at the lesser of 1.5% per month
or the maximum rate allowed by law. If Client disagrees with
any portion of an invoice, it will notify Consultant in writing of
the amount in dispute and the reason for its disagreement
within 21 days of receipt of the invoice, and will pay the
portion not in dispute.
4.3 Suspension, etc. Consultant may suspend or
terminate the Services at any time if payment is not received
when due and will be entitled to compensation for the
Services previously performed and for costs reasonably
incurred in connection with the suspension or termination.
4.4 Collection. Client will reimburse Consultant for
Consultant's costs and expenses (including reasonable
attorneys' and witnesses' fees) incurred for collection under
this Agreement.
4.5 Taxes, etc. Except to the extent expressly agreed
in writing, Consultant's fees do not include any taxes,
excises, fees, duties, or other government charges related to
the goods or Services provided under this Agreement, and
Client will pay such amounts or reimburse Consultant for any
amounts it pays. If Client claims that any goods or Services
are subject to a tax exemption or direct payment permit, it will
provide Consultant with a valid exemption or permit certificate
and indemnify, defend, and hold Consultant harmless from
any taxes, costs, and penalties arising out of the use or
acceptance of same.
Article 5: Insurance and Allocation of Risk
5.1 Insurance. Consultant 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.
5.2 Client Indemnification. Client agrees to indemnify
and hold harmless Consultant from and against any and all
liabilities, demands, claims, fines, penalties, damages,
forfeitures, and suits, together with reasonable attorneys' and
witness' fees and other cost and expenses of defense and
settlement, which Consultant may incur, become responsible
for, or pay out as a result of death or bodily injury or threat
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thereof to any person, destruction, or damage to any
property, contamination of or adverse effect on natural
resources or the environment, any violation of local, state or
federal laws, regulations or orders, or any damages claimed
by third parties to the extent arising in whole or in part out of
Client's violation of law or breach of this Agreement or out of
the negligence or willful misconduct of Client, its other
contractors, agents, suppliers, or employees.
5.3 Consultant Indemnification. To the fullest extent
permitted by law, Consultant shall indemnify and hold
harmless Client from and against loss, liability, and damages
sustained by Client, its agents, employees, and
representatives by reason of injury or death to persons or
damage to tangible property to the extent caused directly by
Consultant’s the failure to adhere to the standard of care
described herein.
5.4 Limitation of Liability. No employee or agent of
Consultant shall have individual liability to Client.
Consultant's aggregate liability for any and all claims arising
out of this Agreement or out of any goods or Services
furnished under this Agreement, whether based in contract,
negligence, strict liability, agency, warranty, tort, trespass, or
any other theory of liability, will be limited to $10,000 or the
total compensation received by Consultant from Client under
this Agreement, whichever is the lesser. In no event will
Consultant be liable for special, indirect, incidental, or
consequential damages, including commercial loss, loss of
use, or lost profits, however caused, even if Consultant has
been advised of the possibility of such damages. Any claim
will be deemed waived unless made by Client in writing
and received by Consultant within one year after
completion of the Services with respect to which the
claim is made.
5.5 Consequential Damages. IN NO EVENT WILL
EITHER PARTY BE LIABLE TO THE OTHER 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, CONSULTANT
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 CONSULTANT. TO THE
EXTENT PERMITTED BY LAW, ANY STATUTORY
REMEDIES THAT ARE INCONSISTENT WITH THIS
PROVISION OF THE AGREEMENT ARE WAIVED.
Article 6: Hazardous Materials Provisions
6.1 Hazardous Materials. Except to the extent
expressly agreed in writing, Consultant's Services do not
include directly or indirectly performing or arranging for the
detection, monitoring, handling, storage, removal,
transportation, disposal, or treatment of petroleum or
petroleum products (collectively called "Oil") or of any
hazardous, toxic, radioactive, or infectious substances,
including any substances regulated under RCRA or any other
federal or state environmental laws (collectively called
"Hazardous Materials"). The discovery or reasonable
suspicion of Hazardous Materials or hazardous conditions at
a site where Consultant is to perform Services or of
contamination of the site by Oil or Hazardous Materials not
previously disclosed to Consultant in writing will entitle
Consultant to suspend its Services immediately, subject to
mutual agreement of terms and conditions applicable to any
further Services, or to terminate its Services and to be paid
for Services previously performed. In no event will
Consultant be required or construed to take title, ownership,
or responsibility for such Oil or Hazardous Materials.
6.2 Hazardous Materials Indemnification. Client
acknowledges that Consultant does not have any
responsibility for preexisting Oil and Hazardous Materials at
the site, any resultant contamination there from, or, except as
expressly agreed in writing, for previous detection,
monitoring, handling, storage, transportation, disposal, or
treatment, that Consultant's compensation is not
commensurate with the unusually high risks associated with
such materials, and that insurance is not reasonably
available to protect against such risks. Therefore, for good
and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, and in addition to the
indemnification provided in Section 5.3, Client agrees to
indemnify, hold harmless, and defend Consultant against all
damages arising out of or related to Oil or Hazardous
Materials located at or removed from the site, including
damages such as the cost of response or remediation arising
out of application of common law or statues such as CERCLA
or other "Superfund" laws imposing strict liability.
Article 7: Miscellaneous Provisions
7.1 Confidential Information. Although Consultant
generally will not disclose without Client's consent
information provided by Client or developed by Consultant in
the course of its Services and designated by Client as
confidential (but not including information which is publicly
available, is already in Consultant 's possession, or obtained
from third parties), Consultant will not be liable for disclosing
such information if it in good faith believes such disclosure is
required by law or is necessary to protect the safety, health,
property, or welfare of human beings. Consultant will advise
Client (in advance, except in emergency) of any such
disclosure.
7.2 Notices. Notices between the parties will be in
writing and will be hand delivered or sent by certified mail
properly addressed to the appropriate party.
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7.3 Assignment. Neither party may assign this
Agreement without the written consent of the other party,
except that Consultant may assign this Agreement to its
affiliates and may use subcontractors in the performance of
its Services. Nothing contained in this Agreement will be
construed to give any rights or benefits to anyone other than
the Client and Consultant, without the express written
consent of both parties.
7.4 Independent Parties. The relationship between
Client and Consultant is that of independent contracting
parties, and nothing in this Agreement or the parties' conduct
will be construed to create a relationship of agency,
partnership, or joint venture.
7.5 Affiliates. The Services may be performed by any
affiliated company of Consultant under its common insurance
program.
7.6 Governing Law, Venue, and Headings. This
Agreement will be governed by and construed 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 Harris County 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.
The headings in this Agreement are for convenience only and
are not a part of the Agreement between the parties.
7.7 Survival. All obligations arising prior to this
Agreement and all provisions of this Agreement allocating
responsibility or liability between the parties will survive the
completion of the services and the termination of this
Agreement.
7.8 Entire Agreement. This Agreement supersedes all
prior agreements and, together with any work release
document issued under this Agreement and signed by both
parties, constitutes the entire agreement between the parties.
Any amendments to this Agreement will be in writing and
signed by both parties. In no event will the printed terms on
any purchase order, work order, or other document provided
by Client modify or amend this Agreement, even if it is signed
by Consultant, unless Consultant signs a written statement
expressly indicating that such terms supersede the terms of
this Agreement. In the event of an inconsistency between
these General Conditions and any other writings, which
comprise this Agreement, the other writings will take
precedence.
Ver. 04NOV202
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Detailed Cost Breakdown
PHASE / Task Title:Vice President
Project Project Labor Dir. Exp.
(hours)(hours)(hours)(mile)
PHASE 1 - STUDY PHASE
Task 001 - Wetland Delineation 2 15 15 $5,610.00 $0.00
$0.00 $0.00
$0.00 $0.00
Phase Subtotal $5,610.00 $0.00
$0.00 $0.00
$0.00 $0.00
Phase Subtotal $0.00 $0.00
SUBTOTAL UNITS 2 15 15 32 -0
RATE $255.00 $190.00 $150.00 $0.700
SUBTOTAL AMOUNT $510.00 $2,850.00 $2,250.00 $5,610.00 $0.00 $0.00
Project Name:The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead Improvements (PK2702)
Project Manager:Keith Morgan
Client Name:Clark Condon
Project No:TBD
Client Contact:ELizabeth Gilbert
Proposal No:TBD Proposal Date:TBDContract No:TBDAdd Phase Add Task
(below selected cell)
Delete
selected row(s)
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
July 22, 2026
Elizabeth Gilbert, PLA
Clark Condon
10401 Stella Link Road
Houston, TX 77025
c: +1 713 679 4774
e: egilbert@clarkcondon.com
RE: The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead
Improvements Proposal – R03
Project Number: CLACIT00666
Elizabeth,
We appreciate the opportunity for Project Luong (the “Architect”) to work Clark Condon (the “Prime Consultant”) on The Sports
Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead Improvements – a project for City of Pearland (the
“Owner”) in Pearland, Texas. This proposal is based on our project understanding to date including our ongoing calls and
background documents provided by the Prime Consultant.
ARTICLE 1 INITIAL INFORMATION
§1.1 Unless otherwise provided in an exhibit to this Proposal, this Proposal is based on the Initial Information set forth below:
§1.1.1 The City of Pearland (the “City”) has engaged the Prime Consultant to provide design for the expansion of The
Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead Improvements . The project includes site
improvements, updated concessions room, a new large pavilion and a new small pavilion. See reference site plan below.
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§1.1.2 The project scope includes evaluation of the existing concession stand and minor modifications to support continued
use for the sale of pre-prepared food and beverages. The scope includes review of the building envelope, interior finishes,
and existing equipment, as well as recommendations for improving the layout, function, and overall appeal of the existing
serving area seen below:
§1.1.2.1 The design will consider opportunities to enhance the user experience and operational efficiency of the existing
FFE and serving spaces, including upgrades to improve attractiveness and functionality for food and beverage sales.
§1.1.2.2 The project may also evaluate the feasibility of a designated exterior cooking area (by others) to support the
existing concessions operation, subject to coordination with the City and applicable code requirements. No expansion of
the existing building footprint is included.
§1.1.2.3 The Architect will work with the City to identify existing equipment within the concessions building and
determine what additional equipment may be required to support the sale of pre -prepared food. This includes
consideration of operational workflows between any exterior cooking area and the interior serving space.
§1.1.2.4 The existing building is assumed to be climate-controlled and insulated. The Architect will review visible
conditions of the building envelope and provide general recommendations as appropriate. No destructive investigation
is included, and the Architect will rely on observable conditions.
§1.1.2.5 The existing concessions space currently includes laminate counters, refrigeration units, two handwashing
sinks, one three-compartment sink, and an IT rack.
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§1.1.2.6 The Architect will provide high-level architectural recommendations regarding conditioning and ventilation
strategies as they relate to the existing space and any proposed exterior cooking area. Detailed analysis and design of
mechanical systems, as well as MEP, fire suppression, and AV/IT design services, are not included. Coordination with
the City and Code Enforcement may be required to confirm compliance with current interpretations of applicable
guidelines.
§1.1.2.7 The project scope does not include modifications to restrooms or any portions of the building outside of the
concessions area.
§1.1.2.8 The Architect will develop elevations with material selections that are complimentary to the existing building
design for the concession update.
§1.1.2.9 The buildings are anticipated to be a non-sprinklered, Type 2-B, steel framed, subject to confirmation with the
Authority Having Jurisdiction.
§1.1.3 The site improvements, large pavilion, small pavilion and any required consultants are provided by others.
§1.2 A geotechnical report has not been provided by at this time.
§1.3 The Prime Consultant will handle all civil and site permitting, as well as all bidding for the project. The Architect will support
the bidding process by providing a bid tab for inclusion in the bidding package by the Prime Consultant and by answering requests
for bidding information (RBIs) during the bidding process.
§1.4 The Prime Consultant will handle all building related permitting through City of Pearland, with the architect to provide
architectural drawings. The Architect is not responsible for permit expediting or approval timelines.
§1.5 The Prime Consultant will submit a single TDLR submission for both the site and building components of the project .
§1.6 The Prime Consultant and Architect may rely on the Initial Information and Concept Design decisions. Both parties, however,
recognize that such information may materially change, and, in that event, the Owner and the Architect shall appropriately adjust
the schedule, the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost
of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in
the Initial Information.
ARTICLE 2 SERVICES UNDER THIS SERVICE ORDER
§2.1 The Architect’s Basic Services consist of those described in this Article 2 and include usual and customary documentation.
Services not set forth in this Article 2 are Supplemental or Additional Services.
§2.1.1 The Architect shall coordinate its services with the Prime Consultant and the Prime Consultant’s consultants. The
Architect shall be entitled to rely on (1) the accuracy and completeness of the services and information furnished by the
Prime Consultant and (2) the Prime Consultant’s approval. The Architect shall provide prompt written notice to the Prime
Consultant if the Architect becomes aware of any error, omission, or inconsistency in such services or information.
§2.1.2 The Architect will participate in bi -weekly Owner/Architect meetings and monthly on-site meeting at the Project Site
location from design through completion of construction.
§2.1.3 Time limits established by Article 5 shall not, except for reasonable cause, be exceeded by the Architect. With the
Prime Consultant’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the
commencement of construction.
§2.1.4 The Architect shall assist by providing documents to the Prime Consultant in connection with the Owner’s
responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Projec t.
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§2.1.5 The Prime Consultant acknowledges and agrees that the Americans with Disabilities Act (ADA) requirements may be
subject to different interpretations, legal or otherwise, including differing interpretations by differing authorities with j urisdiction
over the Project. Prime Consultant agrees that the Architect cannot, and does not guarantee compliance, and that the
Architect’s application and use of the technical requirements of the ADA Accessibility guidelines, current as of the day of t his
agreement, in preparing the Architect’s services is a matter of professional judgment. The Architect’s services shall be
limited to the application and incorporation of the technical requirements of the ADA Accessibility Guidelines, current as of
the date of this agreement into the Project, pursuant to the applicable standard of care. In addition, the Architect shall be
entitled to rely reasonably on written interpretations and specific approvals regarding the disability requirements given by
government officials with responsibility for enf orcing such ADA Requirements.
§2.1.6 While the Architect shall coordinate its own work with that of the professional services of all consultants on the Project
retained by the Prime Consultant, this coordination shall not absolve or release contractors or other design professionals
from complying with their respective standards of care. The Architect is not responsible for errors and omissions of
consultants it does not retain. The Prime Consultant shall require that its consultants and contractors maintain insurance,
including professional liability insurance, as appropriate to the services or work provided. The Architect further retains the
right to terminate any consultant assigned to the Architect by Prime Consultant.
§2.2 Design Phase Services
§2.2.1 Design Phases consist of Schematic Design and Design Development.
§2.2.2 The Architect shall review the program and other information furnished by the Prime Consultant, and shall review
laws, codes, and regulations applicable to the Architect’s services.
§2.2.3 The Architect shall discuss with the Prime Consultant the Owner’s program, schedule, budget for the Cost of the
Work, Project site, and alternative approaches to design and construction of the Project. The Architect shall reach an
understanding with the Prime Consultant regarding the Project requirements.
§2.2.4 The Architect shall consider the relative value of alternative materials, building systems and equipment, together with
other considerations based on program, aesthetics, and any sustainable objectives, in developing a design for the Project
that is consistent with the Prime Consultant’s schedule and budget for the Cost of the Work.
§2.2.5 Based on the Project requirements, the Architect shall prepare Design Documents for the Prime Consultant’s and
Owner’s approval consisting of drawings and other documents appropriate for the Project.
§2.2.6 The Architect shall submit the Design Documents to the Prime Consultant for distribution to and requesting of the
Owner’s approval.
§2.3 Construction Documents Phase Services
§2.3.1 Based on the Owner’s approval of the Design Documents, and the Prime Consultants notice to proceed, the Architect
shall prepare for the Owner’s approval Construction Documents consisting of Drawings and Specifications setting forth in
detail the requirements for the construction of the Work. The Prime Consultant and Architect acknowledge that in order to
construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and
other similar submittals, which t he Architect shall review in accordance with Section 2.4.4.
§2.3.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the
Project into the Construction Documents.
§2.3.3 The Architect shall submit the Construction Documents to the Prime Consultant. The Prime Consultant shall be
responsible for furnishing copies of Construction Document generated by those consultants directly retained by the Prime
Consultant, and those consultants retained directly by the Prime Consultant for the Architect’s review and coordination.
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§2.3.4 The Architect, following the Prime Consultant’s approval of the Construction Documents, shall assist the Prime
Consultant in reviewing bids for construction. The Prime Consultant shall include the bid tab furnished by the Architect in the
bidding documents for the Architect’s review upon completion of bidding.
§2.4 Construction Phase Services
§2.4.1 General
§2.4.1.1 The Architect shall provide Construction Phase Services for a single contractor on the Project. Should more
than one Contractor be retained by the Owner, the Architect shall be entitled to additional services to provide Construction
Phase Services.
§2.4.1.2 The Architect shall advise and consult with the Prime Consultant during the Construction Phase Services. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be
responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract
Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions but shall not have control
over or charge of and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities
performing portions of the Work.
§2.4.2 Evaluations of the Work
§2.4.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar
with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is
being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract
Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Prime Consultant reasonably
informed about the progress and quality of the portion of the Work completed, and promptly report to the Prime Consultant
(1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule
submitted by the Contractor, and (3) defects and deficiencies observed in the Work.
§2.4.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and has the
authority to require inspection or testing of the Work.
§2.4.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Prime Consultant or Contractor. The Architect’s response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§2.4.2.4 The Owner shall retain a qualified third-party inspection service to provide detailed inspection of the Work
performed by the Contractor. The Architect, and its Consultants, shall not be responsible for providing engineering
inspections of the Work other than for the general observation described in Section 2.4.5.
§2.4.2.5 The Architect shall be provided with 72 hours’ notice of any required observation requested by the Contractor.
Failure to provide such notice shall entitle the Architect to Additional Services billed at the hourly rate table should the
Architect and its Consultants have the ability to attend the necessary observation.
§2.4.3 Certificates for Payment to Contractor
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§2.4.3.1 The Prime Consultant shall provide the Architect with a copy of all pay applications to review and certify the
amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall
constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.4.2
and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge,
information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the
Contract Documents, and that the Contractor is entitled to payment in the amount certified. Failure of the Prime
Consultant to provide the Architect with copies of the pay applications shall void the Architect’s responsibility to provide
Substantial Completion documentation at the end of the Project. The Prime Consultant shall be responsible for the
issuance of such document.
§2.4.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and suppliers and other data requested by the Prime Consultant to substantiate the Contractor’s right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
§2.4.4 Submittals
§2.4.4.1 Architect shall review and approve, or take other appropriate action, upon the Contractor’s submittals such as
Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of
determining the accuracy and completeness of other information such as dimensions, quantities, and installation or
performance of equipment or systems, which are the Contract or’s responsibility. The Architect’s review shall not
constitute approval of safety precautions, or any construction means, methods, techniques, sequences or procedures.
§2.4.4.2 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s
design professional, provided the submittals bear such prof essional’s seal and signature when submitted to the Architect.
The review shall be for the limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect shall be entitled to rel y upon, and shall not be responsible for, the
adequacy and accuracy of the services, certifications, and approvals performed or provided by such design
professionals.
§2.4.4.3 The Architect shall review and respond to written requests for information about the Contract Documents. The
Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
reasonable promptness.
§2.4.4.4 The Architect shall provide 2 reviews of each shop drawings and provide 2 reviews of any Request for
Information provided by the Contractor. Should more reviews be necessary due to no fault of the Architect, the Architect
shall be entitled to Additional Services billed at the hourly rate table.
§2.4.5 Changes in the Work
§2.4.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.
§2.4.6 Project Completion
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§2.4.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion; issue Certificates of Substantial Completion; forward to the Prime Consultant, for the Prime
Consultant’s and Owner’s review & records, written warranties and related documents required by the Contract
Documents and received from the Contractor; and issue a final Certificate for Payment based upon a final inspection
indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements
of the Contract Documents.
§2.4.6.2 The Architect shall provide 1 review for Substantial Completion, and 1 review for Final Completion. Should
more reviews be necessary due to no fault of the Architect, the Architect shall be entitled to Additional Services billed at
the hourly rate table.
§2.4.6.3 Issuance of Certificate of Substantial Completion shall be subject to the provisions of Section 2.4.3.
ARTICLE 3 SUPPLEMENTAL AND ADDITIONAL SERVICES
§3.1 The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Upon
recognizing the need to perform Additional Services, the Architect shall notify the Prime Consultant. The Architect shall not provide
the Additional Services until the Architect receives the Prime Consultant’s written authorization.
§3.2 The Architect shall provide services necessitated by a change in the Initial Information, changes in previous instructions or
approvals given by the Prime Consultant, or a material change in the Project including size; quality; complexity; the Owner’s
schedule or budget for Cost of the Work; or procurement or delivery method as an Additional Service.
§3.3 The Architect has included in Basic Services monthly visits to the site by the Architect during construction. The Architect shall
conduct site visits in excess of that amount as an Additional Service.
§3.4 The Architect shall, as an Additional Service, provide services made necessary by a Contractor’s proposed change in the
Work. The Architect shall prepare revisions to the Architect’s Instruments of Service necessitated by Change Orders and
Construction Change Directives as an Additional Service.
§3.5 If the services covered by this Agreement have not been completed within 18 months of the date of this Agreement, through
no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services.
ARTICLE 4 COST OF THE WORK
§4.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the
Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The
Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the
Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of-way, financing, or
contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§4.2 The Owner’s budget for the Cost of the Work is provided in Initial Information and shall be adjusted throughout the Project.
It is recognized, however, that neither the Architect nor the Prime Consultant has 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, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s
budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§4.3 If, through no fault of the Architect, construction procurement activities have not commenced within 90 days after the Archit ect
submits the Construction Documents to the Prime Consultant the Owner’s budget for the Cost of the Work shall be adjusted to
reflect changes in the general level of prices in the applicable construction market. If the Prime Consultant or Owner wishes to
engage additional Value Engineer to reduce the cost of the work, the Architect shall be entitled to Additional Services.
Docusign Envelope ID: B184354F-A318-8996-8284-15C1EE2DF965Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
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§4.4 If the Prime Consultant or Owner retains the services of a Value Engineer (VE) (whether it be a cost estimator, the contractor
or otherwise) to review the Construction Documents prepared by the Architect, it shall be at the Prime Consultant’s or Owner's
sole expense and shall be performed in a timely manner so as not to delay the orderly progress of the Architect's services. T he
Prime Consultant shall promptly notify the Architect of the identity of the VE and shall define the VE's scope of services and
responsibilities for the Architect. All recommendations of the VE and all Owner Requested Changes shall be given to the Archit ect
for review, and adequate time will be provided for the Architect to respond to these recommendations. If the Architect objec ts to
any recommendations made by the VE and/or any Owner Requested Changes, it shall so state in writing to the Prime Consultant,
along with the reasons for objecting. If the Prime Consultant or Owner requires the incorporation of changes in the Construction
Documents to which the Architect has objected, the Prime Consultant and Owner agrees, to the fullest extent permitted by law, to
waive all claims against the Architect and to indemnify and hold harmless the Architect from any damages, liabilities or cost s,
including reasonable attorneys' fees and costs of defense, which arise in connection with or as a result of the incorporation of such
design changes required by the Prime Consultant and Owner. In addition, the Architect shall be compensated, as an additional
service, for services necessary to incorporate recommended value engineering changes and owner requested changes into
reports, drawings, specifications, bidding or other documents.
ARTICLE 5 MISCELLANEOUS PROVISIONS
§5.1 This Agreement shall be governed by the law of the place where the Project is located , excluding that jurisdiction’s choice of
law rules.
§5.2 The Prime Consultant and Architect, respectively, bind themselves, their agents, successors, assigns, and legal
representatives to this Agreement. Neither the Prime Consultant nor the Architect shall assign this Agreement without the written
consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project or an Owner-
related entity if the lender or Owner-related entity agrees to assume the Owner’s rights and obligations under this Agreement,
including any payments due to the Architect by the Prime Consultant prior to the assignment.
§5.3 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third p arty
against either the Prime Consultant or Architect. The Architect's services under this Agreement are being performed solely for the
Prime Consultant 's benefit, and no other party or entity shall have any claim against the Architect because of this Agreement or
the performance or nonperformance of services hereunder.
§5.4 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the
Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project t o
make such representations. However, the Architect’s materials shall not include the Prime Consultant’s confidential or proprietary
information if the Prime Consultant has previously advised the Architect in writing of the specific information considered by th e
Prime Consultant to be confidential or proprietary. The Prime Consultant shall provide professional credit for the Architect in the
Prime Consultant’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless
the Prime Consultant terminates this Agreement for cause pursuant to Section 9.4.
§5.5 If the Prime Consultant suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice.
§5.6 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is
determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provisio n shall
be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed ,
to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement.
§5.7 Indemnification.
§5.7.1 Except as expressly provided in this agreement, the Architect makes no representation or warranty, express or implied,
including without limitation any warranty of fitness for any particular purpose, with respect to the accuracy, liability, or utility of
the services provided under this Agreement.
Docusign Envelope ID: B184354F-A318-8996-8284-15C1EE2DF965Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
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Architect shall indemnify, defend and hold harmless Prime Consultant and its affiliates, employees, officers, directors, agents,
successors and assigns from and against any and all suits, actions, proceedings, losses, damages, claims, fines, penalties,
costs and expenses (including reasonable attorneys’ fees, investigation and remediation expenses) (collectively “Claims”) to
the extent caused by or resulting from any act, omission, fault or negligence of Architect, its Consultants, or anyone acting
under its direction or control or on its behalf, including but not limited to, Claims for: (i) injuries to or death of any persons
(including employees of Architect and any of its Consultants or damage to property, including theft caused by the negligent
acts or omissions of Architect or any of its Consultants; (ii) any violation of any law or other governmental requirement by
Architect or any of its Consultants; and (iii) any actual or alleged infringement or misappropriation of any patent, trademar k,
copyright, trade secret or any actual or alleged violation of any other intellectual property or proprietary rights in connection
with the Instruments of Service provided or the Services performed under this Agreement. In no event shall Architect’s
indemnity and hold harmless obligations, or portions or applications thereof, apply to any cost, claim, loss or liability caused
by the willful misconduct or sole negligence of the party indemnified or held harmless. Furthermore, Architect specifically
waives any immunity provided against this indemnity by an industrial insurance statute or workers’ compensation statute.
The Prime Consultant has a duty to indemnify and hold harmless the Architect, including all its affiliates, employees, officers,
directors, agents, successors and employees individually, from every claim, demand, damage, lien, cause of action, award,
judgement, cost, expense, fee (including reasonable attorneys’ fees and expenses) and other loss caused by: 1) any negligent
or willful or wrongful act, error, or omission by the Prime Consultant or any party for whose conduct the Prime Consultant is
legally responsible; 2) breach of this Agreement by the Prime Consultant; 3) any copyright or patent infringement by the Prime
Consultant or any party for whose conduct the Prime Consultant is legally responsible; 4) any failure to comply with laws
(include the laws of the State of Texas), regulations, codes, ordinances, and other requirements of governing authorities by
the Prime Consultant or any party for whose conduct the Prime Consultant is legally responsible; 5) any failure to pay any
service, withholding, or other tax by the Prime Consultant or any other party for whose conduct the Prime Consultant is legally
responsible for; and /or 6) any failure by the Prime Consultant to pay third parties.
The terms and provisions of indemnifications will survive the expiration or termination of the Agreement. Neither Prime
Consultant nor Architect shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own
negligence or willful misconduct.
§5.8 Limitation of Liability.
§5.8.1 Unless otherwise more narrowly limited, and notwithstanding any other provision in this agreement, the limit of liability
of the Architect to the Prime Consultant for any cause or combination of causes shall not exceed, in the total amount, the
insurance coverage limits available at the time of judgement plus the fees paid to the Architect on the Project. This limitat ion
of liability applies to all liability arising from the Architect’s activities and obligations related to the agreement, including but not
limited to, duty arising in contract, warranty, statue and tort (whether such occurrence arises out of the Architect’s sole o r
concurrent negligence or breach of any standard of strict liability). This limitation will survive the agreement. The Prime
Consultant waives and will require its insurers to waive rights of subrogation with respect to, all liability for the Prime
Consultant’s consequential, special, indirect, or incidental damages. These damages include, but are not limited to, loss of
use, loss of business opportunity, loss of product or output, loss of profit or revenue, cost of capital, and claims of others not
a party to the agreement. For the avoidance of doubt, the Prime Consultant will be entitled to seek and recover only actual
damages from the Architect as limited herein.
§5.9 Sole Remedy. It is intended by the parties to this Agreement that the Prime Consultant r's obligations and Architect’s
services in connection with the Project shall not subject the Prime Consultant 's or the Architect’s individual shareholders,
employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and
notwithstanding anything to the contrary contained herein, the Prime Consultant and Architect agree that as the sole and exclusive
remedy against the other, any claim, demand or suit shall be directed and/or asserted only against the business entities that are
the parties to this Agreement and not against any of the Prime Consultant 's or Architect's individual shareholders, employees,
officers or directors except for acts of willful misconduct or as otherwise prohibited by law .
ARTICLE 6 PROJECT SCHEDULE
Docusign Envelope ID: B184354F-A318-8996-8284-15C1EE2DF965Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
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§6.1 The Architect’s schedule will meet the needs and milestones as agreed upon between the Prime Consultant and Owner.
ARTICLE 7 COMPENSATION
§7.1 For Services described under Article 2.1, the Prime Consultant shall compensate the Architect as follows:
§7.2 Project billing will be on a monthly basis and payment will be due within 30 days.
§7.3 For Additional Services requested beyond those described in Section 2, the Architect shall be compensated in addition to
the compensation set forth in Section 4.1. The following services constitute Additional Services should they be requested:
§7.3.1 Structural Engineering services
§7.3.2 MEP engineering services
§7.3.3 Specialty Lighting Design
§7.3.4 Additional on-site meetings beyond those described above
§7.3.5 Geotechnical and Topographical Surveys
§7.3.6 Third-Party Inspections
§7.3.7 Marketing Renderings beyond those provided for Design Approval
§7.3.8 Envelope and Waterproofing Design & Review
§7.3.9 Revisions to Approved Work
§7.3.10 Permit review fees.
§7.3.11 Services other than those specifically listed above
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§7.4 Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include expenses
incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows:
§7.4.1 Transportation and authorized out-of-town travel and subsistence;
§7.4.2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and
extranets;
§7.4.3 Permitting and other fees required by authorities having jurisdiction over the Project;
§7.4.4 Printing, reproductions, plots, and standard form documents;
§7.4.5 Postage, handling, and delivery;
§7.4.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Prime Consultant;
§7.4.7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Prime
Consultant or required for the Project;
§7.5 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s
consultants. We recommend a budget of $10,000 be established for reimbursable expenses.
§7.5.1 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s
consultants, if any, are set forth in the attached Hourly Rate Schedule. The rates shall be adjusted in accordance with the Architect’s
and Architect’s consultants’ normal review practices.
ARTICLE 8 ATTACHMENTS AND AGREEMENTS
§8.1 The following attachments and exhibits, if any, are incorporated herein by reference:
§8.1.1 Exhibit A Hourly Rate Schedule
Docusign Envelope ID: B184354F-A318-8996-8284-15C1EE2DF965Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
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January 1, 2026
STANDARD RATE SCHEDULE
Except as otherwise set forth in a separate Agreement, the hourly billing rates for services of the Architect’s and the Archi tect’s
consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect’s and the Architect’s
consultant’s normal review practices.
Employee or Category Rate ($0.00)
Partner
Principal
Senior Project Manager
Project Manager
$285.00
$260.00
$245.00
$225.00
Senior Project Architect
Project Architect - II
$210.00
$195.00
Project Architect - I
Designer
Project Administrator
$175.00
$160.00
$100.00
Docusign Envelope ID: B184354F-A318-8996-8284-15C1EE2DF965Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
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We welcome this opportunity to continue to work with you on this project. Should you have any questions , please feel free to
contact us at any time.
Regards,
____________________________________________
Alec Luong, AIA – TX LIC. 24095
Principal – Managing Partner
Project Luong Architects, LLC
____________________________________________
Natasha Dunn, AIA – TX LIC. 25928
Principal of Architecture
Project Luong Architects, LLC
____________________________________________
Elizabeth Gilbert, PLA
Managing Principal
Clark Condon
The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons r egistered as architects in Texas.
333 Guadalupe St., Suite #2-350, Austin, TX 78701
Docusign Envelope ID: B184354F-A318-8996-8284-15C1EE2DF965
7/23/2026
7/23/2026
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Schematic Design 10 57 67
Design Development 10 96 106
Construction Documents 20 171 191
Bidding/Permitting 5 5 10
Construction Phase Services 28 80 108
HOURS SUB-TOTALS 73 409 0 482
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)225.00$ 175.00$ 185.00$
88,000.00$
100%
Basic Services 88,000.00$
88,000.00$
-$
-$
88,000.00$
Project
Manager Design Staff Structural
Engineer
The Sports Complex at Shadow Creek Ranch & Clear
Creek Segment 1.2 Trailhead Improvements (PK2702)
Page 1 of 1 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
teliospc.com
730 Town and Country Blvd., Ste. 750
Houston, TX 77024 Dallas | Houston | Kansas City
08.27.2026
Elizabeth Gilbert, PLA
Managing Principal
Clark Condon
10401 Stella Link Road
Houston, TX 77025
RE: The Sports Complex at Shadow Creek Ranch and Clear Creek Segment 1.2 Trailhead Improvements (PK2702)
Electrical Engineering Proposal Agreement
Dear Elizabeth,
TELIOS Corporation (“TELIOS”) is pleased to submit the following proposal to Clark Condon (hereinafter
referred to as the “Client”) to perform professional engineering services for the referenced Project. Upon
execution by the Client, this document shall become the entire written agreement between TELIOS and
the Client, concerning the above referenced matter (“the Agreement”). The project consists of electrical
systems design for the following:
Park:
·MUSCO to be basis of design for all lighting and controls to align with existing conditions.
·Site lighting includes existing playground, general site, and the awards area adjacent to the
building.
·Covered pickleball courts with lighting
·Pavilion lighting at new pavilion
·Batting cages’ lighting and power for ball machines
·Parking lot lighting for existing parking lot on North side of park
Offsite (Kingsley Trail):
·MUSCO to be basis of design for all lighting and controls to align with existing conditions.
·Parking lot lighting at expanded parking lot on Kingsley
·Ballfield lighting at multi-purpose fields on Kingsley
·Site lighting at trailhead
·Parking lot lighting for parking lot expansion at library.
I.Basic Design Services
A.Basic Electrical Design Services
1.TELIOS shall conduct an electrical load analysis.
2.TELIOS shall design an electrical one-line diagram, electrical service and circuitry to lighting
and general receptacles.
3.TELIOS shall conduct an energy analysis to be submitted to the Authorities Having
Jurisdiction.
B.Additional Basic Design Services
1.Attendance at (2) design meeting.
2.Construction Administration.
a)Phone responses to pre-bid questions.
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Shadow Creek Ranch Sports Complex & Trail
08.27.2026
b) Up to two (2) submittal reviews per equipment that is noted and/or scheduled on the
contract documents generated by TELIOS.
II. Basic Design Services – Deliverables
A. The MEP documentation shall include:
1. Site Plan:
a) The site plan shall indicate electric utility equipment location, primary electrical conduits,
secondary electrical conductors and conduit, and site lighting and power and its
associated branch circuiting.
2. Schedule and Detail Sheets:
a) Electrical – Schedules shall be provided for light fixtures, and panelboards.
3. Specifications:
a) Specifications shall be provided in plan format.
III. Basic Design Services - Qualifications
1. TELIOS requires bound AutoCAD V2013, REVIT V2018 or later compatible backgrounds/models
of the building’s plan and surrounding site.
2. TELIOS requires record documents of the civil and structural engineering plans in a timely
manner to complete the design services noted herein.
3. TELIOS shall receive fixed backgrounds, models, and information a minimum of five (5)
business days prior to any scheduled issue or such backgrounds, models or information may
not be included or coordinated with TELIOS’ Basic Design or Additional Services for the issue.
4. In an effort to seek quality, TELIOS requires the following number of coordination meetings:
a) A minimum of three (3) in-person design meetings with the architect, structural, civil
and landscape architect.
b) An in-person coordination meeting two (2) days prior to any scheduled issue with the
architect, structural, civil and landscape architect.
5. TELIOS shall be provided, in a timely manner a written description of the Owner’s project
objectives, schedule, requirements, information, and limitations for TELIOS’ Basic Design or
Additional Services.
6. The Client shall identify a single, individual representative to act on the Client’s behalf with
respect to TELIOS’ Basic Design or Additional Services. Such identified representative shall
render decisions, directives and schedules in a timely manner to not encumber TELIOS from
completing its Basic and Additional Design Services. The Client shall not replace its identified
representative without the approval of TELIOS, which shall not be unreasonably withheld.
7. Information that is not provided in a timely manner will require the Project design schedule
to be revised.
8. Unless otherwise stated, TELIOS will have access to the site for activities necessary for the
performance of any Basic or Additional Design Services.
IV. Basic Design Service – Fees
A. In accordance with the Payment sub-paragraph found within Additional Terms and Conditions set
forth below, TELIOS shall be paid the following fees for the aforementioned Basic Design Services:
Scope Fee Estimated Hours
30% (100% SD) $13,820.00 72
60% (100%DD) $13,820.00 72
90% (100%CD) $27,640.00 162
Bidding and Permitting $3,455.00 14
Construction Administration $10,365.00 32
Total $69,100.00 352
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Shadow Creek Ranch Sports Complex & Trail
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V. Reimbursable Expenses
A. In accordance with the Payment sub-paragraph found within Additional Terms and Conditions set
forth below, TELIOS shall be reimbursed for all expenses incurred in the normal course of
completing both Basic and Additional Design Services. Expenses include, but are not limited to:
1. Plotting (large format) ......................................................................................... $15.00/Sheet
2. Hardcopy Reproductions (large format) ........................................................ $10.00/Sheet
3. Electronic Scanning (large format) ................................................................. $15.00/Sheet
4. Generating and Distributing Files for Plotting by a Third Party. ............. $150/Issue
5. Automobile Mileage 50 miles from the office of which the TELIOS
employee typically works. .................................................................................. Current IRS Rate
6. Air travel, hotels, meals, and rental cars. ..................................................... Actual Rate
VI. Additional Design Services
A. In consideration of the aforementioned Basic Design Services, it is hereby acknowledged that the
following services shall be deemed supplementary and will require additional fees. These
Additional Design Services encompass but are not limited to:
1. Changes of completed or partial designs by reason of project scope change.
2. Owner or Client driven circumstances:
a) Fails to furnish budgets
b) Modifies the original budget directives
c) Fails to evaluate alternates or substitutions proposed by the Contractor
d) Requests subsequent meetings
e) Requests revisions to drawings, specifications, or other documentation.
3. Providing any services in connection with a public hearing, litigation, mediation, arbitration,
or other legal proceedings.
4. Construction administration above and beyond that expressly stated in the Basic Design
Services.
5. Additional effort caused by other design team members not in attendance at the
aforementioned Coordination Meetings.
6. Additional effort caused by backgrounds, models, and information not provided in the noted
time in the aforementioned Design Qualifications.
7. MEP design modifications required because other design team members did not provide
information in a timely manner for MEP design schedule to be met.
8. Design schedule that extends six (6) months after execution of this document or the design is
placed on hold for more than one (1) month.
9. Standby generator system or any other emergency or redundant electrical systems.
10. Design of micro-processor based lighting control systems.
11. Design of kitchen equipment.
12. Provide LEED related calculations, considerations, and/or applications.
13. Energy analyses of building envelope.
14. Building energy modeling.
15. Construction Document design of a geothermal HVAC system.
16. Any design of mechanical, plumbing, or fire protection systems.
VII. Additional Terms and Conditions
This Agreement is made subject to the June 26, 2024 General Services Agreement between the
Parties, which is incorporated by reference herein, as if set out in full for all purposes.
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Shadow Creek Ranch Sports Complex & Trail
08.27.2026
TELIOS Corporation appreciates this opportunity to submit this proposal for design services for the
mechanical, electrical, and plumbing systems. We hope you recognize TELIOS’ ability to effectively
manage the engineering of these systems and thus prove that we can save you both time and money.
If you have any questions, please do not hesitate to call.
If this proposal is acceptable, please sign the Authorization to Proceed and Acceptance of Terms below
and return to me.
Respectfully submitted and agreed to as proposed herein,
TELIOS CORPORATION
Amanda Kirkwood, MS, PE
Vice President
V:\Proposals\HMEP2\2026\Clark Condon\Shadow Creek Ranch\Shadow Creek Ranch Sports Complex and Trail - Telios Proposal
2026.08.27.docx
AUTHORIZATION TO PROCEED AND ACCEPTANCE OF TERMS:
I hereby agree to the terms of this Agreement and authorize TELIOS Corporation to proceed as provided
herein.
Signed
Name
Title
Date
Rev. 04162024
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Schematic Design 4 8 60 72
Design Development 4 8 60 72
Construction Documents 4 8 150 162
Bidding/Permitting 8 2 4 14
Construction Phase Services 10 2 20 32
HOURS SUB-TOTALS 0 0 0 30 0 28 294 0 352
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)315.00$ 280.00$ 270.00$ 250.00$ 245.00$ 205.00$ 190.00$ 100.00$
69,100.00$
100%
Basic Services 69,100.00$
69,100.00$
-$
-$
69,100.00$
AdminExecutive Vice
President
Vice
President
Project
Manager Manager
Project
EngineerProject Associate
Page 1 of 1 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
551 League City Parkway, Suite F
League City, Texas 77573
P (281) 557-2900
Terracon.com
Facilities | Environmental | Geotechnical | Materials
Proposal Cover Page
March 30, 2026
Clark Condon Associates Inc
10401 Stella Link Road
Houston, Texas 77025
Attn:Elizabeth Gilbert, PLA
P: 713-871-1414
E: egilbert@clarkcondon.com
RE:Cost Estimate for Geotechnical Engineering Services
The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead Improvements (PK2702)
13050 Shadow Creek Parkway
Pearland, Texas
Terracon Document No. P91265023
Dear Ms. Gilbert
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this cost
estimate to Clark Condon Associates Inc to provide geotechnical engineering services for
the above referenced project. We understand that Terracon has been chosen based on our
professional qualifications to provide geotechnical services. The following are exhibits to
the attached proposal.
Exhibit A Project Understanding
Exhibit B Scope of Services
Exhibit C Compensation and Project Schedule
Exhibit D Site Location
Exhibit E Anticipated Exploration Plan
Our base fee to perform the Scope of Services described in this proposal is $15,000.
Exhibit C includes details of our fees as well as a general breakdown of our anticipated
schedule.
Your authorization for Terracon to proceed in accordance with this proposal can be issued
by signing and returning a copy of the attached Agreement for Services. If you have any
questions, please do not hesitate to contact us.
Sincerely,
Terracon Consultants, Inc.
(Texas Firm Registration No.: F-3272)
Ganesh Madagani, PMP.Rana Ravula, P.E.
Staff Engineer Group Manager
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Reference Number: P91265023
Page 1 of 2 Rev. 11-22
AGREEMENT FOR SERVICES
This AGREEMENT is between Clark Condon Associates Inc and Terracon Consultants, Inc.
Consultant for Client on the Shadow Creek Ranch Sports Complex Development project in 03/30/2026
, including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which
section or Exhibit is incorporated into this Agreement).
1. Scope of Services., including but not limited to the Scope of Services section
d into this Agreement).
Portions of the Services may be subcontracted. When Consultant subcontracts to other individuals or companies, then consultant will collect from
reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues,
such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license
rnished to Consultant
at the time of the Services.
2. Acceptance/ Termination.Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation fo
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
ures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance.
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
.
6. LIMITATION OF LIABILITY.CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of acti ervices or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
Services on the project.
8. Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. the laws of
e ($1,000,000); (ii)
commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Reference Number: P91265023
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limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be
provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract docum
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
al, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and suffici
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
ce to the
any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity.Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents.
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
16. Utilities.Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
ly marked, including by a utility
locate service, or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety.Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees,
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
isk of exposure to unsafe site
pre-task planning and risk
assessment processes.
Consultant: Terracon Consultants, Inc.Client:Clark Condon Associates Inc
By: Date:3/30/2026 By: Date:
Name/Title:Rana Ravula, P.E. / Group Manager Name/Title:
Address:551 W League City Pkwy Ste F Address:10401 Stella Link Rd
League City, TX 77573-5463 Houston, TX 77025-5443
Phone:(281) 557-2900 Fax: Phone: Fax:
Email:Rana.Ravula@terracon.com Email:
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
Exhibit A Project Understanding
Our Scope of Services is based on our understanding of the project as described by Clark
Condon Associates Inc and the expected subsurface conditions as described below. We
have not visited the project site to confirm the information provided. Aspects of the
project, undefined or assumed, are highlighted as shown below. We request Clark Condon
Associates Inc and/or the design team verify all information prior to our initiation of field
exploration activities.
Planned Construction
Item Description
Information
Provided
An email request for a proposal was received from Clark
Condon on March 19, 2026. The request included a snipshot
from Google Earth illustrating the proposed site layout and the
locations of the required borings for the development.
Proposed Structures1
On-Site structures
A multipurpose field area with a footprint area of about
75,600 square feet (sf). We understand that general
subsurface information is requested within this area.
A covered pickleball courts with a footprint area of
about 7,200 square feet (sf).
A turf lawn with an approximate footprint area of about
15,000 square feet (sf).We understand that general
subsurface information is requested within this area.
Light poles.
Off-Site structures
A multipurpose field area with a footprint area of about
3.91 acres (ac). We understand that general
subsurface information is requested within this area.
Library parking and expanded parking areas.
Proposed
Construction Steel-frame construction.
Finished Grade
Elevation Anticipated to be within 1 to 2 feet above existing grade.
Anticipated
Foundation Systems
Light poles:Drilled straight shafts
Pickleball courts: Post-Tensioned (PTI) slab-on-
grade foundation.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
Site Location
Item Description
Parcel Information
The project site is within the existing Sports Complex at
Shadow Creek Ranch located at 13050 Shadow Creek Parkway
in Pearland, Texas. (See Exhibit D)
Project GPS: 29.58132, -95.42229 (approximate)
Existing
Improvements
Based on the information provided and a review of Google
Earth imagery, the project site appears to be occupied by
single-story buildings, sports fields, and areas of concrete
pavement. Clear Creek is located along the northern boundary
of the project site. Residential buildings and a wet pond were
observed within the vicinity of the off-site structures.In
addition, the library parking lot expansion site appears to be
occupied by an existing library building and associated paved
areas.
Current Ground
Cover Grass, weeds and dense trees
Existing Topography Relatively level
Site Access
We expect the site, and all exploration locations, are
accessible with our ATV-mounted drilling equipment and
support vehicles during normal business hours.
Item Description
Pavements
Information regarding anticipated traffic and preferred
pavement surfacing has not been provided. Unless information
is provided prior to the report, concrete pavement, traffic
categories and daily traffic will be assumed to consist of:
Category A: Car parking areas and access lanes,
1 truck per day
Category B: Entrance and truck service lanes, 10 trucks
per day
Category E: Garbage or fire truck lanes
The pavement design period is 20 years.
We anticipate the fire lanes to be designed to support an
80,000-pound wheel load, up to two times per year.
1.We request Clark Condon to provide us a site plan of proposed development once
it becomes available.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
Exhibit B - Scope of Services
Our proposed Scope of Services consists of field exploration, laboratory testing, and
engineering/project delivery. These services are described in the following sections.
Field Exploration
As requested, the field exploration program is expected to include borings as described
below.
Number of Borings Planned Boring
Depth (feet)1 Planned Location 2
1 (B-01)20 Proposed pickleball court area
2 (B-02 and B-03)15 Proposed Turf, batting cage areas
3 (B-04, B-05 and B-10)30
Proposed playground lighting
improvement and ball field light
pole areas
2 (B-06 and B-08)5 Proposed library and expanded
parking areas
2 (B-07 and B-09)15 Proposed on-site multipurpose
field improvement area
2 (B-11 and B-12)15 Proposed off-site multipurpose
field improvement area
12 210 Total
1.Below existing grade.
2.The planned boring locations are shown on the attached Anticipated
Exploration Plan and will be adjusted to actual structural locations upon receipt
of final site plan and conditions of the site.
Boring Layout:Terracon personnel provided the boring layout using handheld GPS
equipment (estimated horizontal accuracy of about ±20 feet). Field measurements from
existing site features may be utilized.
Subsurface Exploration Procedures:We will advance borings with an ATV mounted
drill rig using continuous flight augers and/or rotary wash boring techniques. Samples will
be obtained continuously every 2 feet in the upper 12 feet of each boring and at 5-foot
intervals thereafter. Soil sampling is typically performed using open tube and/or split-
barrel sampling procedures. The split-barrel samplers are driven in accordance with the
standard penetration test (SPT). The samples will be placed in appropriate containers,
taken to our soil laboratory for testing, and classified by a Geotechnical Engineer. In
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
addition, we will observe and record groundwater levels during drilling and sampling and
after completion of drilling.
Our exploration team will prepare field boring logs as part of standard drilling operations
including sampling depths, penetration distances, and other relevant sampling
information. Field logs include visual classifications of materials observed during drilling
and our interpretation of subsurface conditions between samples. Final boring logs,
prepared from field logs, represent the Geotechnical Engineer's interpretation, and include
modifications based on observations and laboratory tests.
Property Disturbance:Terracon will take reasonable efforts to reduce damage to the
property. However, it should be understood that in the normal course of our work some
disturbance could occur including rutting of the ground surface and damage to
landscaping. We have not budgeted to restore the site beyond backfilling our boreholes.
We will backfill borings with auger cuttings upon completion. Our services do not include
repair of the site beyond backfilling our boreholes. Excess auger cuttings will be dispersed
in the general vicinity of the borehole. Because backfill material often settles below the
surface after a period, we recommend boreholes to be periodically checked and backfilled,
if necessary. We can provide this service or grout the boreholes for additional fees at your
request.
Site Access:Terracon must be granted access to the site by the property owner. Without
information to the contrary, we consider acceptance of this proposal as authorization to
access the property for conducting field exploration in accordance with the Scope of
Services. Our proposed fees do not include time to negotiate and coordinate access with
landowners or tenants. Terracon will conduct field services during normal business hours
(Monday through Friday between 7:00am and 5:00pm). If our exploration must take place
over a weekend or at night, please contact us so we can adjust our schedule and fee.
Safety
Terracon is not aware of environmental concerns at this project site that would create
health or safety hazards associated with our exploration program; thus, our Scope
considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our
Scope of Services does not include environmental site assessment services, but
identification of unusual or unnatural materials observed while drilling will be noted on our
logs.
Exploration efforts require borings into the subsurface, therefore Terracon will comply with
local regulations to request a utility location service. We will consult with the
landowner/client regarding potential utilities or other unmarked underground hazards.
Based upon the results of this consultation, we will consider the need for alternative
subsurface exploration methods as the safety of our field crew is a priority.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
Private utilities should be marked by the owner/client prior to commencement of field
exploration. Terracon will not be responsible for damage to private utilities not disclosed
to us.
Terracon proposes to subcontract with a private utility locating service and/or utilize in-
house geophysical equipment. Fees associated with this service are included in our Scope
of Services. The detection of underground utilities is dependent upon the composition and
construction of the utility line; some utilities are comprised of non-electrically conductive
materials and may not be readily detected. The use of a private utility locate service would
not relieve the owner/client of their responsibilities in identifying private underground
utilities.
Laboratory Testing
The project engineer will review field data and assign laboratory tests to understand the
engineering properties of various soil strata. Exact types and number of tests cannot be
defined until completion of fieldwork, but we anticipate the following laboratory testing
may be performed:
Water content
Dry unit weight
Atterberg limits
Percent finer than No.200 Sieve
Unconfined compressive strength
Hydrometer
Based on the results of our field and laboratory programs, we will describe and classify
soil samples in accordance with the Unified Soil Classification System (USCS).
Engineering and Project Delivery
The results of our field and laboratory programs will be evaluated, and a geotechnical
engineering report will be prepared under the supervision of a licensed professional
engineer. The geotechnical engineering report will provide the following:
Boring logs with field and laboratory data
Stratification based on visual soil classification
Groundwater levels observed during drilling
Site Location and Exploration Plans
Subsurface exploration procedures
Description of subsurface conditions
Earthwork recommendations including subgrade preparation
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
Recommended foundation options and engineering design parameters
LPILE parameters for light pole foundations
Recommendations to reduce the PVR to about one inch or less in the proposed
multipurpose field improvement area and turf areas
Pavement design guidelines
In addition to an emailed report, your project will also be delivered using our Terracon
online portal called Compass. Upon initiation, we provide you and your design team the
necessary link and password to access the website (if not previously registered). Each
project includes a calendar to track the schedule, an interactive site map, a listing of team
members, access to the project documents as they are uploaded to the site, and a
collaboration portal. We welcome the opportunity to have project kickoff conversations
with the team to discuss key elements of the project and demonstrate features of the
portal. The typical delivery process includes the following:
Project Planning Project information, schedule and anticipated exploration plan
Site Characterization Findings of the site exploration and laboratory results
Geotechnical Engineering Report
When services are complete, we upload a printable version of our completed Geotechnical
Engineering
documents our services. Previous submittals, collaboration, and the report are maintained
on Compass. This allows future reference and integration into subsequent aspects of our
services as the project goes through final design and construction.
Additional Services
In addition to the services noted above, the following are often associated with
geotechnical engineering services. Fees for services noted above do not include the
following:
Review of Plans and Specifications:Our geotechnical report and associated verbal and
written communications will be used by others in the design team to develop plans and
specifications for construction. Review of project plans and specifications is a vital part of
our geotechnical engineering services. This consists of review of project plans and
specifications related to site preparation, foundation, and pavement construction. Our
review will include a written statement conveying our opinions relating to the plans and
Observation and Testing of Pertinent Construction Materials:Development of our
geotechnical engineering recommendations and report relies on an interpretation of soil
conditions. Our assessment is based on widely spaced exploration locations and the
assumption that construction methods will be performed in a manner sufficient to meet
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
our expectations and consistent with recommendations made at the time the geotechnical
engineering report is issued. We should be retained to conduct construction observations,
and perform/document associated materials testing, for site preparation, foundation, and
pavement construction. These services allow a more comprehensive understanding of
subsurface conditions and necessary documentation of construction to confirm and/or
modify (when necessary) the assumptions and recommendations made by our engineers.
Perform Environmental Assessments:Our Scope for this project does not include,
either specifically or by implication, an environmental assessment of the site intended to
identify or quantify potential site contaminants. If the client/owner is concerned about the
potential for such conditions, an environmental site assessment should be conducted. We
can provide a cost estimate for an environmental assessment, if desire.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
Exhibit C - Compensation and Project Schedule
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A, and our
planned Scope of Services outlined in Exhibit B, our base fee is shown in the following
table:
Task Lump Sum Fee2
Subsurface Exploration1, Laboratory Testing, and
Geotechnical Engineering and Reporting
$13,000
Private Utility Locate Services 3 $2,000
Total $15,000
1.The lump sum fee considers one drill rig mobilization and no unexpected onsite
delays. If additional drill rig mobilizations are required, an additional fee of
$1,200 would be invoiced. A drill crew standby rate of $450 per hour would be
invoiced for unexpected delays.
2.Proposed fees noted above are effective for 90 days from the date of the proposal.
3.We plan to subcontract a private utility locating firm and/or utilize in-house
geophysical equipment. The detection of underground utilities is dependent upon
the composition and construction of utility lines. Some utilities are comprised of
non-electrically conductive materials and may not be readily detected. The use
of a private locate service does not relieve the owner of their responsibilities in
identifying private underground utilities.
Additional services not part of the base fee include the following
Additional Services Lump Sum Fee Initial for
Authorization
Rubberized Matting, $2,000 per day, if
needed1 $4,000
Pathway Clearing per day 2 $3,500
1.Terracon will take reasonable efforts to reduce damage to the property. However, it
should be understood that in the normal course of our work some disturbance could
occur including rutting of the ground surface and damage to landscaping, so we
recommend including rubberized matting in the project scope to help mitigate rutting.
2.If any of the boring locations require pathway clearing, our exploration service will be
temporarily paused until the client authorizes the clearance. We will subcontract
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Sports Complex Development | Pearland, Texas
March 30, 2026 | Terracon Document No. P91265023
Facilities | Environmental | Geotechnical | Materials
pathway clearing services to make a path to access the boring locations a
the client accordingly.
Our Scope of Services does not include services associated with surveying, matting, wet
ground conditions, or repair of/damage to existing landscape. If such services are desired
by the owner/client, we should be notified so we can adjust our Scope of Services.
Unless instructed otherwise, we will submit our invoice(s) to the address shown at the
beginning of this proposal. If conditions are encountered that require Scope of Services
revisions and/or result in higher fees, we will contact you for approval, prior to initiating
services. A supplemental proposal stating the modified Scope of Services as well as its
effect on our fee will be prepared. We will not proceed without your authorization.
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
DESCRIPTION RATE QUANTITY UNITS TOTAL
Subsurface Exploration
Assistant Project Manger 125.00$ 4 hours 500.00$
Staff Engineer 140.00$ 2 hours 280.00$
Senior Engineer 180.00$ 0.5 hours 90.00$
Drill Rig Mobilization 1,200.00$ 1 lump sum 1,200.00$
Soil Borings 24.00$ 210 foot 5,040.00$
Vehicle Charge 180.00$ 1 days 180.00$
Private Utility Locate 2,000.00$ 1 lump sum 2,000.00$
Sub Total 9,290.00$
Laboratory Testing
Moisture Content 15.00$ 15 tests 225.00$
Atterberg Limits 90.00$ 13 tests 1,170.00$
Washed over #200 Sieve 75.00$ 2 tests 150.00$
Unconfined Compressive Strength 90.00$ 8 tests 720.00$
Hydrometer Analysis 150.00$ 1 tests 150.00$
Sub Total 2,415.00$
Geotechnical Engineering
Staff Engineer 140.00$ 18 hours 2,520.00$
Senior Engineer 180.00$ 3 hours 540.00$
Administrative Staff 120.00$ 1 hours 120.00$
Project Coordinator 115.00$ 1 hours 115.00$
Sub Total 3,295.00$
Total Estimated Cost 15,000.00$
Fee Estimate
Geotechnical Services
Shadow Creek Ranch Sports Complex
Terracon Proposal No. P91265023
Explore with us
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
August 31, 2026
Mr. Brandon Whittaker, PLA
Clark Condon Associates, Inc.
10401 Stella Link Rd,
Houston, TX 77025
Re: Proposal for Professional Civil Engineering Services for
The Sports Complex at Shadow Creek Ranch & Clear Creek Segment 1.2 Trailhead
Improvements located in
Pearland, Texas
Odyssey Project No.: 26-033-00-SITE
Dear Mr. Whittaker:
Odyssey Engineering Group, LLC (Engineer) is pleased to submit this proposal for
professional civil engineering services, at the request of Clark Condon Associates, Inc.
(Client). This proposal, as outlined in the Scope of Services below, provides the necessary
engineering services to the Client for the proposed on-site and off-site improvements to the
Amenity Improvements for Shadow Creek Ranch in Pearland, Texas. The proposed
development includes infrastructure improvements to the existing sport complex, nature
trail adjacent to Clear Creek, existing parking lot expansion and off-site playing field, and a
new off-site library parking lot.
Items to be Provided by Client:
Prior to commencing services, Engineer will require the following items to be provided:
a. Executed Copy of Contract;
b. Geotechnical Engineering Report;
c. Architectural Site Plan in AutoCAD format;
d. Mechanical, Electrical, & Plumbing Plans;
e. Landscape Architectural Plans;
f. As-Builts and/or Design Drawings of Adjacent Roadways and Public Utilities.
BASIC SCOPE OF SERVICES:
1. Topographic Surveying
Engineer will coordinate with 3rd party surveyor to obtain, on behalf of Client, a
detailed topographic survey of the Subject Property to facilitate final engineering
design. Surveyor will perform an on-the-ground topographic survey using a 100-
foot grid for the sports complex vicinity (~30.0 acres), off-site tract adjacent to
Kingsley Drive (~5.7 acre), offsite tract adjacent to existing library (1.0 acres), and a
100-foot grid for the 3,000 linear feet of 20’ linear strip adjacent to Clear Creek
Right-of-Way, and 1,600 linear feet of Kingsley Drive Right of Way.
TBPELS F-1763710195040
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 2
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
The Client will be responsible for providing permission to access the Subject
Property and if possible, furnish a current title commitment including copies of
current ownership deeds, adjoiner deeds, easements, deed restrictions, and/or other
encumbrances to complete the survey. Surveyor will set one onsite FEMA
benchmark or City/County benchmark (NAV 88) for elevation adjustments.
Topographic Survey and will include all visible existing features and utilize Texas
One-Call to locate existing underground utilities.
Client recognizes that not all existing utilities or features are visible or marked
during One-Call. Any features that are discovered or uncovered during construction
that may modify design are not the obligation of the Surveyor or Engineer.
2. Boundary Survey (Alternate Item if Needed)
Engineer will locate on the ground the physical and record locations of real property
limits, identify evidence indicating possible prescription or limitation rights, locate
readily-visible structural improvements on the property, depict the location of
recorded easements and other restrictions, to identify and locate readily-visible
evidence of unrecorded easements, and locate all readily-visible utilities for the
current tracts (30 acres, 5.7 acres, and 1.0 acre) as referenced above in the
Topographic Servies scope of work. Services will be provided in substantial
compliance with the Texas Society of Professional Surveyors Category 1A, Condition
II, Land Title Survey.
3. Due Diligence/Site Feasibility Study/Preliminary Coordination
a. Engineer will gather existing public record information/existing drawings
available for proposed development including as-built drawings in vicinity of
site, Flood Insurance Rate Map, wetlands inventory map, utility maps, and any
existing public survey or platting information available.
b. Engineer will contact City of Pearland Engineering and Brazoria Drainage District
No. 4 (BDD4) and discuss proposed development, permitting requirements and
timelines to the extent available during the due diligence stage.
c. Engineer will confirm with authorities having jurisdiction the availability of wet
utility capacity (water, sanitary sewer, storm sewer and detention) for Subject
Property.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 3
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
4. Off-Site Library Parking Lot Extension
a. Schematic Design (SD) Plan Set
Engineer will assist with the initial schematic design phase submittal which will
adhere to City of Pearland and BDD4 Design Standards and will be limited to the
following scope:
• Attend meetings/conference calls with the architect and Client regarding
the project. Engineer has budgeted one (1) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client
• Provide appropriate recommendations for the design of proper drainage,
water, and sanitary sewer systems.
• Prepare a schematic design package consisting of conceptual grading and
utility plan layout in accordance with City of Pearland and BDD4 Design
Criteria.
• Provide Preliminary Cost Estimate.
b. Design Development (DD) Plan Set
Using the plans provided in the schematic design, Engineer will assist with the
design development phase submittal which will be generally tailored to City of
Pearland and BDD4 Design Standards and will be limited to the following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted two (2) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client
• Address one (1) round of comments from the schematic design and
include the necessary revision to the conceptual grading, and utility plans.
Submittals exceeding this amount of plan checks or additional jurisdiction
reviews shall be coordinated with the Client to determine if any additional
service is warranted.
• Prepare a design development package consisting of rough grading,
dimension control, utility plan layout in accordance with City of Pearland
and BDD4 Criteria.
• Provide an updated Preliminary Cost Estimate.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 4
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
c. Construction Document (CD) Plan Set
Using the plans provided in the design development phase, Engineer will assist
with the final construction document phase submittal which will be generally
tailored to City of Pearland and BDD4 Design Standards and will be limited to the
following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted two (2) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client
• Address any comments from the design development phase and include
the necessary revision to the final grading, dimension control, and utility
plans.
• Prepare a construction document package consisting of final grading,
utility plan layout in accordance with City of Pearland and BDD4 Criteria.
• Provide Final Preliminary Cost Estimate.
• It is assumed that detention for all proposed development has been
covered regionally and will not be required for this scope of work
5. Nature Trail and Off-Site Parking Lot Extension/Playing Fields
a. Schematic Design (SD) Plan Set
Engineer will assist with the initial schematic design phase submittal which will
be generally tailored to City of Pearland and BDD4 Design Standards and will be
limited to the following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted one (1) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client
• Provide appropriate recommendations for the design of proper drainage,
water, and sanitary sewer systems.
• Prepare a schematic design package consisting of conceptual grading and
utility plan layout in accordance with City of Pearland and BDD4 Design
Criteria.
• Provide Preliminary Cost Estimate.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 5
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
b. Design Development (DD) Plan Set
Using the plans provided in the schematic design, Engineer will assist with the
design development phase submittal which will be generally tailored to City of
Pearland and BDD4 Design Standards and will be limited to the following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted two (2) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client
• Address one (1) round of comments from the schematic design and
include the necessary revision to the conceptual grading, and utility plans.
Submittals exceeding this amount of plan checks or additional jurisdiction
reviews shall be coordinated with the Client to determine if any additional
service is warranted.
• Prepare a design development package consisting of rough grading,
dimension control, utility plan layout in accordance with City of Pearland
and BDD4 Criteria.
• Provide an updated Preliminary Cost Estimate.
c. Construction Document (CD) Plan Set
Using the plans provided in the design development phase, Engineer will assist
with the final construction document phase submittal which will be generally
tailored to City of Pearland and BDD4 Design Standards and will be limited to the
following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted two (2) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client
• Address one (1) round of comments from the schematic design and
include the necessary revision to the conceptual grading, and utility plans.
Submittals exceeding this amount of plan checks or additional jurisdiction
reviews shall be coordinated with the Client to determine if any additional
service is warranted.
• Prepare a construction document package consisting of final grading,
utility plan layout in accordance with City of Pearland and BDD4 Criteria.
• Provide Final Preliminary Cost Estimate.
• It is assumed that detention for all proposed development has been
covered regionally and will not be required for this scope of work
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 6
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
6. Shadow Creek Ranch Park Facilities
a. Schematic Design (SD) Plan Set
Engineer will assist with the initial schematic design phase submittal which will
be generally tailored to City of Pearland and BDD4 Design Standards and will be
limited to the following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted one (1) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client.
• Provide appropriate recommendations for the design of proper drainage,
water, and sanitary sewer systems.
• Prepare a schematic design package consisting of conceptual grading and
utility plan layout in accordance with City of Pearland and BDD4 Design
Criteria.
• Provide Preliminary Cost Estimate for proposed infrastructure
improvements.
b. Design Development (DD) Plan Set
Using the plans provided in the schematic design, Engineer will assist with the
design development phase submittal which will adhere to City of Pearland and
BDD4 Design Standards and will be limited to the following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted two (2) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all parties concerned will be by Client.
• Address one (1) round of comments from the schematic design and
include the necessary revision to the conceptual grading, and utility plans.
Submittals exceeding this amount of plan checks or additional jurisdiction
reviews shall be coordinated with the Client to determine if any additional
service is warranted.
• Prepare a design development package consisting of rough grading,
dimension control, utility plan layout in accordance with City of Pearland
and BDD4 Criteria.
• Provide an updated Preliminary Cost Estimate for proposed
infrastructure improvements.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 7
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
c. Construction Document (CD) Plan Set
Using the plans provided in the design development phase, Engineer will assist
with the final construction document submittal which will adhere to City of
Pearland and BDD4 Design Standards and will be limited to the following scope:
• Attend meetings/conference calls with the architect and client regarding
the project. Engineer has budgeted two (2) meetings (via video
conference) approximately 1 hour in length. Preparation and distribution
of meeting notes to all concerned parties will be by the Landscape
Architect.
• Address one (1) round of comments from the schematic design and
include the necessary revision to the conceptual grading, and utility plans.
Submittals exceeding this amount of plan checks or additional jurisdiction
reviews shall be coordinated with the Client to determine if any additional
service is warranted.
• Prepare a construction document package consisting of final grading,
utility plan layout in accordance with City of Pearland and BDD4 Criteria.
• Provide Final Preliminary Cost Estimate for proposed infrastructure
improvements.
It is understood that detention and/or flood mitigation for all proposed
development improvements has been provided and will not be required for this
scope of work. If it is determined that detention and/or flood mitigation storage
is required, a separate scope of services will be provided to the Client as an
Additional Service.
7. Drainage Impact Analysis (DIA)
The Engineer will perform drainage and floodplain analyses for four (4) project
locations and the Kingsley Trail crossing to evaluate existing and proposed drainage
conditions, assess floodplain impacts, and support future FEMA mapping revisions.
Services will include project coordination meetings; development of existing and
proposed condition hydrologic models utilizing Atlas 14 rainfall events for the 2-
year and 100-year design storms; and hydraulic modeling using EPA-SWMM to
evaluate conveyance system performance, identify deficiencies, and size proposed
drainage improvements. Engineer will investigate and evaluate drainage
improvement alternatives, identify mitigation measures necessary to offset adverse
impacts, and recommend a preferred solution.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 8
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
Engineer will obtain and review applicable FEMA effective floodplain models and
develop revised existing and proposed condition HEC-RAS models to evaluate
floodplain and floodway impacts associated with the project. Alternative mitigation
measures will be assessed, and floodway analyses will be performed to determine
compliance with FEMA and local floodplain management requirements. Results of
the analyses will be summarized and presented to City of Pearland and BDD4 staff
for review and feedback.
The Engineer will prepare a comprehensive DIA report documenting the
methodology, modeling assumptions, analyses, findings, recommendations, and City
of Pearland and BDD4 comments. The report will include supporting maps, exhibits,
hydraulic and hydrologic model outputs, and all required documentation, including
quality assurance/quality control review and responses to review comments.
8. Letter of Map Revision (LOMR)
Following project construction, the Engineer will provide FEMA Letter of Map
Revision (LOMR) support services. These services will include review of
construction plans and as-built survey information, updating HEC-RAS floodplain
and floodway models to reflect as-built conditions, evaluating floodplain impacts
and mitigation requirements, preparing and submitting LOMR application materials,
coordinating with the City's Floodplain Administrator and FEMA, addressing agency
comments, and preparing the required public notice documentation through FEMA's
final LOMR review process.
9. Agency Permitting & Submittals
Engineer will submit construction plans to City of Pearland Engineering and BDD4
having review authority over the Subject Property and address three (3) rounds of
plan check comments as received and resubmit construction plans to obtain plan
approval.
Submittals exceeding this amount of plan checks or additional jurisdiction reviews
shall be coordinated with the Client to determine if any additional service is
warranted.
Client shall be responsible for plan review fees and permit fees. Any fees paid by
Engineer will be considered a reimbursable fee and billed as such per the fee
schedule below.
Any plan revisions, redesigns, and additions required due to governing agencies
development criteria revisions after project kick-off will be an Additional Service.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 9
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
NOTE: All Building-related Construction Permits are typically pulled by the
Architect or General Contractor.
NOTE: It is assumed that all design packages listed in this scope of work will be
permitted at the same time under one permit. If separate permit packages are to be
performed individually, Engineer can perform this as an Additional Service. 10.Limited Construction Phase Services
Engineer will review RFIs, shop drawing material submittals and provide site
observations (4 visits) during construction. Weekly or Bi-weekly
Owner/Architect/Contractor (OAC) meetings and/or conference calls are not
included in this Scope of Services. Additional OAC meetings can be included as an
Additional Service.11.Reimbursable Expenses
Any reimbursables paid for by the Engineer will be invoiced to the Client at cost.
These reimbursables are in addition to the fees outlined above. Items that are
considered reimbursables are included in Exhibit “A.” The State of Texas requires
that sales tax be charged on certain items. If sales tax is to be charged on any of the
above listed services, it is understood that sales tax is included in the fee listed
above.
ADDITIONAL SERVICES:
If authorized by Client, Engineer will furnish, or obtain from others, Additional Services not
included in the Basic Scope of Services. Additional Services required by Client, which may
arise and are not outlined in the Basic Services, may include any modifications or revisions
to drawings due to design changes associated with alteration to the Client-provided and
approved site plan after the design work has commenced, design of non-standard
structures, preparation of easements by separate instrument, and survey staking, etc. Any
additional work will not be performed without prior written authorization from Client.
All Additional Services for assignments related to the design and preparation of
construction plans will include construction plan preparation, governmental agency
approvals and construction phase services, as may be required. Additionally, there may be
additional services required by the third-party firms, including but not limited to
topographic surveying, land planning, platting, etc. The fees for these services are not
included in the Engineer’s Additional Services fees, but must be negotiated directly with the
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 10
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
third-party firm. Engineer may require additional fees related to the coordination of such
third-party firms.
Additional Services Not Included in Proposal 1.Platting Services;2.City Planning and Re-zoning Effort;3.Site Master Planning Services;4.Applications for Utility Capacity Letters;5.Off-Site Utility Extension Plan and Profile Plans;6.Work associated with Abandoning Easements;7.Bid Phase or Construction Phase Services other than outlined herein;8.Pre-Jurisdiction Submittal Engineer’s Probable Cost Estimates (PCE) other than
outlined herein;9.Value Engineering (VE) or Re-Design Services (Major architectural changes
impacting the Site Plan after kickoff or 50% Review Meeting);10.Engineering related to Lift Station, Pump Station, or Force Main Plans;11.Dry Utility Plans (including but not limited to cable, gas, and power);12.Dry Utility Coordination;13.Design of Structural Walls or Coordination with Vendors;14.Clearing and Grubbing Plans via Sperate Plan Set;15.Traffic Impact Analysis (TIA);16.Roadway Improvement/Turn Lane Plans, Striping Plans, or Signal Plans;17.Engineered Traffic Control Plans;18.Photometric Plans, Photometric Surveys or Sound Studies;19.Environmental Reports (Such as Phase I/II ESA, Wetlands, Army Corps of
Engineers);20.Storm Water Pollution Prevention Plan Report (SWPPP);21.Filing of NOI and NOT to TCEQ;22.On-Site Sanitary Sewer Systems designs, calculations or submittals;23.Water Well Plans or TCEQ submittals;24.Tenant Improvement Build-out plans;25.Public or Final Bidding Services, Engineer’s Estimates of Probable Cost or Value
Engineering (VE) Redesign Services;26.Additional Project Coordination Meetings excess of the Basic Services provided
in this scope;27.Direct Charges such as deliveries, reprographics, travel, etc. will be reimbursed
at cost;28.Revisions required due to site plan changes from the Client;29.Any other special or miscellaneous assignments not listed in “Basic Scope of
Services” as specifically requested by Client.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 11
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
COMPENSATION:
Engineer will perform tasks as outlined in Basic Scope of Services for a Fixed Fee as
outlined below:
BASIC SERVICES TOTAL
$40,080
$8,510
$10,500
$25,535
$26,985
$25,055
$55,040
$34,920
$17,530
$20,480
1.Topographic Surveying2.Boundary Survey (Alternate Item if Needed)3.Due Diligence/Site Feasibility/Preliminary Coordination4.Off-Site Library Parking Lot Extension5.Nature Trail and Off-Site Parking Lot Extension/Playing
Fields6.Shadow Creek Ranch Park Facilities7.Drainage Impact Analysis (DIA)8.Letter of Map Revision (LOMR)9.Agency Permitting and Submittals10.Limited Construction Phase Services
TOTAL - BASIC SERVICES $264,635
HOURLY RATE AND REIMBURSEMENT SCHEDULE
Hourly Rate and Reimbursement Schedule for the project is attached to this proposal as
Exhibit “A.” In event that more than two (2) years have passed from the date of execution of
this proposal, the Engineer has the right to replace the Hourly Rate and Reimbursement
Schedule with the rate schedule of current date. Engineer must notify the Client of the
updated Hourly Rate and Reimbursement Schedule thirty (30) days prior to invoicing based
on the updated schedule.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 12
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
INSURANCE:
At the request of the Client, Engineer shall furnish certificates of insurance evidencing
compliance with the insurance requirements hereof. Certificates shall name Engineer,
name of insurance company, policy number, term of coverage, and limits of coverage.
Engineer shall obtain such insurance from such companies having a Bests rating of B+/VII
or better, licensed or approved to transact business in the State of Texas and shall obtain
insurance of the following types and minimum limits:
1. Worker’s Compensation insurance in accordance with the laws of the State of
Texas and Engineer’s liability coverage with a limit of not less than
$1,000,000 each employee for Occupational Disease; $1,000,000 policy limit
of Occupational Disease; and Employer’s Liability of $1,000,000 each
accident.
2. Commercial General Liability insurance including coverage for
products/Completed Operation, Blanket Contractual, Contractors’ Protective
Liability Broad Form Property Damage, Personal Injury/Advertising Liability,
and Bodily Injury and Property Damage with limits of no less than:
$2,000,000 general aggregate limit
$1,000,000 each occurrence, combined single limit
$1,000,000 aggregate Products, combined single limit
$1,000,000 aggregate Personal Injury/Advertising Liability
$50,000 Fire Legal Liability
$5,000 Premises Medical
3. Business Automotive Liability coverage applying to owned, non-owned and
hired automobiles with limits of not less than $1,000,000 each occurrence
combined single limit for Bodily Injury and Property Damage combined.
4. Umbrella excess Liability insurance written as excess of Employer’s Liability,
with limits of not less than $1,000,000 each occurrence combined single
limit.
5. Professional Liability insurance with limited not less than $1,000,000 each
claim/annual aggregate.
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Mr. Brandon Whittaker, PLA
Odyssey Project No.: 26-033-00-SITE
August 31, 2026
Page 13
Projects/26-033-00/05.00 Proposals/Shadow Creek Park Facilities SITE Proposal REVISED 08-31-26.docx
PAYMENT
Engineer shall submit monthly invoice(s) for services rendered and for reimbursable
expenses incurred in accordance with the attached Hourly Rate and Reimbursement
Schedule. Client shall make prompt monthly payment(s) in response to Engineer’s
invoice(s). Any invoices not paid within sixty (60) days from date of invoice shall be
subject to a monthly 10% mark-up until full payment has been rendered.
Additional work beyond the Scope of Services described above will be considered an
Additional Service. All Additional Services will be approved by the Client, in writing, prior
to the Engineering performing the Additional Services. At the time of approval of the Client,
Engineer will detail the Client the compensation for the Additional Service, whether the
services will be performed hourly, per the attached Hourly Rate and Reimbursement
Schedule, or fixed-fee.
If all terms and provisions are acceptable to you, please signify so by executing this
document in the appropriate space provided below. Retain one (1) executed original for
your records and return one (1) executed original to the undersigned. We will consider
receipt of this executed document as our authorization to proceed.
We thank you for the opportunity to provide professional civil engineering services and we
look forward to working with you on this project.
CLIENT AND ENGINEER AGREE AS SET FORTH ABOVE.
CLIENT ENGINEER
CLARK CONDON ASSOCIATES, INC. ODYSSEY ENGINEERING GROUP, LLC
By: _______________________________ By: _______________________________
Brandon Whittaker, PLA Charlie T. Tang, P.E., LEED AP
Associate Principal, Studio Lead Principal | Site Services Group Manager
By: _______________________________
Seth L. Samuelson, P.E.
Senior Project Manager
Attachments: Exhibit “A” - Hourly Rate and Reimbursement Schedule
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | (281) 306-0240 | www.odysseyeg.com
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
2500 Tanglewilde Street, Suite 300 | Houston, Texas 77063 | T: 281-306-0240 | www.odysseyeg.com
EXHIBIT A
ODYSSEY ENGINEERING GROUP, LLC
HOURLY RATE AND REIMBURSEMENT SCHEDULE
2026
PERSONNEL PER HOUR
Principal $300
Group Manager $270
Senior Project Manager $240
Senior Design Manager $240
Project Manager $195
Design Manager $195
Assistant Project Manager $160
Project Engineer $145
Design Engineer II $125
Design Engineer I $110
Senior CAD Designer $145
CAD Designer $125
CAD Technician II $105
CAD Technician I $95
Construction Project Manager $145
Senior Project Site Representative $125
Project Site Representative $110
Controller $135
Office Manager/Senior Administrative Asst.$125
Administrative Assistant/Clerical $110
REIMBURSABLES
Delivery
Permitting/Agency Fees
Reproduction
Sub-Consultant Fees
Advertising
Mileage
Cost
Cost
Cost
Cost
Cost
IRS Rate
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
Consultant
Date
BASIC SERVICES - TOPOGRAPHIC SURVEYING
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Project Setup, Field Scoping, and Research 5 4 14 2 25
Field Mobilization 82 82
Office Review/Drafting 18 60 10 3 91
RPLS Review/Approval 8 4 16 24 52
Project Delivery/Close-Out 4 3 7
HOURS SUB-TOTALS 0 13 12 82 34 84 24 8 257
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 240.00$ 195.00$ 160.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ 3,120.00$ 2,340.00$ 13,120.00$ 5,440.00$ 12,180.00$ 3,000.00$ 880.00$ 40,080.00$
% DISTRIBUTION OF STAFFING 0.00%7.78%5.84%32.73%13.57%30.39%7.49%2.20%100%
Basic Services 40,080.00$
BASIC SERVICES - FEASIBILITY AND PRELIMINARY ENGINEERING
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Existing Development Research (including As-Builts in ROW)5 9 14
Preliminary Site Design and Consultant Coordination 5 18 23
Coordination with City of Pearland on Traffic Access and BDD4 Drainage Items 7 9 16
Subconsultant Coordination for Subconsultant 5 5
HOURS SUB-TOTALS 0 0 22 0 0 36 0 0 58
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 5,280.00$ -$ -$ 5,220.00$ -$ -$ 10,500.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%50.29%0.00%0.00%49.71%0.00%0.00%100%
Basic Services 10,500.00$
BASIC SERVICES - CIVIL DESIGN FOR OFF-SITE LIBRARY PARKING LOT EXPANSION
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Schematic Design (SD) 6 8 14
Design Development (DD)8 48 56
Construction Documents (CD)15 70 85
Preliminary Cost Estimate 5 13 18
HOURS SUB-TOTALS 0 0 34 0 0 0 139 0 173
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 8,160.00$ -$ -$ -$ 17,375.00$ -$ 25,535.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%31.96%0.00%0.00%0.00%68.04%0.00%100%
Basic Services 25,535.00$
Project
Engineer Designer Design
Engineer IPrincipalGroup
Manager Manager/Sr Mgr/Design Manager
CAD Tech Research
Specialist Admin
Principal Group
Manager Manager/Sr Mgr/Design Manager
Project
Engineer
Design
Engineer II
Design
Engineer I
Principal RPLS Sr Project
Manager 2 Man Crew Senior CAD Tech
Page 1 of 4 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
Consultant
Date
Shadow Creek Ranch Sports Complex
2026-08-31
Odyssey Engineering Group
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Schematic Design (SD) 7 8 15
Design Development (DD)9 48 57
Construction Documents (CD)17 70 87
Preliminary Cost Estimate 6 15 21
HOURS SUB-TOTALS 0 0 39 0 0 0 141 0 180
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 9,360.00$ -$ -$ -$ 17,625.00$ -$ 26,985.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%36.66%0.00%0.00%0.00%69.02%0.00%106%
Basic Services 26,985.00$
BASIC SERVICES - CIVIL DESIGN FOR SHADOW CREEK RANCH PARK FACILITIES
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Schematic Design (SD) 5 8 13
Design Development (DD)7 48 55
Construction Documents (CD)15 70 85
Preliminary Cost Estimate 5 13 18
HOURS SUB-TOTALS 0 0 32 0 0 0 139 0 171
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 7,680.00$ -$ -$ -$ 17,375.00$ -$ 25,055.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%30.08%0.00%0.00%0.00%68.04%0.00%98%
Basic Services 25,055.00$
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Meetings and Coordination 8 8
Existing Hydrologic and Hydraulic Analysis 13 80 93
Proposed Hydrologic and Hydraulic Analysis 8 40 48
Revised Existing FEMA Effective HEC-RAS Model 8 40 48
Proposed HEC-RAS Model - Floodplain Conveyance and Mitigation 12 50 62
Proposed HEC-RAS Model - Floodway Analysis 3 6 9
Presentation to City 4 8 12
Drainage Study Report 15 80 95
HOURS SUB-TOTALS 0 0 71 0 0 0 304 0 375
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 17,040.00$ -$ -$ -$ 38,000.00$ -$ 55,040.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%30.96%0.00%0.00%0.00%69.04%0.00%100%
Project
Engineer Designer Design
Engineer IPrincipalGroup
Manager
Sr Project
Manager/Sr
Design Mgr
Project
Mgr/Design
Mgr Manager
Principal Group
Manager Manager/Sr Mgr/Design Manager
Project
Engineer Designer Design
Engineer I
Design
Engineer IPrincipalGroup
Manager Mgr/Design Manager
Design
Engineer II
Project
EngineerManager/Sr
Page 2 of 4 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
Consultant
Date
Shadow Creek Ranch Sports Complex
2026-08-31
Odyssey Engineering Group
Basic Services 55,040.00$
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Meetings and Coordination 6 6
Review As-Built Plans and Survey 5 8 13
Update HEC-RAS Model to As-Built Conditions 6 40 46
Update HEC-RAS Floodway Model 6 20 26
Prepare LOMR Application and Documentation 35 12 47
Submit to City for Community Acknowledgement 4 4
Submit to FEMA 4 4
Address Review Comments 12 40
Coordinate Publication of Public Notice 5 5
HOURS SUB-TOTALS 0 0 83 0 0 0 120 0 203
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 19,920.00$ -$ -$ -$ 15,000.00$ -$ 34,920.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%57.04%0.00%0.00%0.00%42.96%0.00%100%
Basic Services 34,920.00$
BASIC SERVICES - PERMITTING WITH CITY OF PEARLAND AND BDD4
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Permitting with City of Pearland 25 25 50
Permitting with BDD4 18 6 25 49
HOURS SUB-TOTALS 0 0 43 0 6 0 50 0 99
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 10,320.00$ -$ 960.00$ -$ 6,250.00$ -$ 17,530.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%58.87%0.00%5.48%0.00%35.65%0.00%100%
Basic Services 17,530.00$
BASIC SERVICES - LIMITED CONSTRUCTION PHASE SERVICES
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Site Visits (4)16 16 16 48
RFI Responses 16 22 38
Show Drawing Reviews 5 15 20
HOURS SUB-TOTALS 0 0 37 16 53 0 0 0 106
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 270.00$ 240.00$ 195.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 8,880.00$ 3,120.00$ 8,480.00$ -$ -$ -$ 20,480.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%34.78%12.22%33.21%0.00%0.00%0.00%80%
Project
Engineer Designer Design
Engineer IPrincipalGroup
Manager Manager/Sr Mgr/Design Manager
Principal Group
Manager Manager/Sr Mgr/Design Manager
Project
Engineer Designer Design
Engineer I
Project
Engineer
Design
Engineer II
Design
Engineer IPrincipalGroup
Manager Manager/Sr Mgr/Design Manager
Page 3 of 4 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916
Project Name
Consultant
Date
Shadow Creek Ranch Sports Complex
2026-08-31
Odyssey Engineering Group
Basic Services 20,480.00$
SUPPLEMENTAL SERVICES - BOUNDARY SURVEY FOR SPORTS FACILITY
TOTAL
TASK DESCRIPTION LABOR HRS.
& COSTS
Project Setup, Field Scoping, and Research 2 0 2 7 5 4 14
Field Mobilization 2 6 3 3 0 0 10
Office Review/Drafting 0 0 2 8 0 0 7
RPLS Review/Approval 2 0 2 3 0 0 6
Project Delivery/Close-Out 2 0 0 0 0 4 2
HOURS SUB-TOTALS 0 0 8 6 9 21 5 8 63
CONTRACT RATE PER HOUR (INCLUDE AVG HOURLY RATE TIME OVERHEAD AND FF)300.00$ 240.00$ 195.00$ 160.00$ 160.00$ 145.00$ 125.00$ 110.00$
TOTAL LABOR COSTS -$ -$ 1,560.00$ 960.00$ 1,440.00$ 3,045.00$ 625.00$ 880.00$ 8,510.00$
% DISTRIBUTION OF STAFFING 0.00%0.00%18.33%11.28%16.92%35.78%7.34%10.34%100%
Basic Services 8,510.00$
256,125.00$
8,510.00$
264,635.00$
AdminPrincipalRPLS2 Man Crew Senior CAD Tech Research
Specialist CAD TechSr Project
Manager
Page 4 of 4 LOE
Docusign Envelope ID: AE0B65AE-A156-88D3-8252-2403DC93A916