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R2002-0095 06-10-02 RESOLUTION NO. R2002-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #10 SUPPLEMENT #2 FOR DESIGN AND SURVEY SERVICES ASSOCIATED WITH THE YOST ROAD IMPROVEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Turner, Collie and Braden, Inc., ("T C & B) for Program Management of the Pearland Mobility and Drainage Bond Program was authorized by the City Council on December 10, 2001. Section 2. That T C & B has developed work authorization #10 Supplement #2, which is attached hereto as Exhibit "A". Section 3. That work authorization #10 Supplement #2 for design and survey services associated with the Yost Road Improvement Project is hereby approved. PASSED, APPROVED and ADOPTED this the 10 dayof JUNE , A.D., 2002. ATTEST: y SE6c~ETARY v APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ~-' I~ ~ TOM REID MAYOR ATTACHMENT D WORK AUTHORIZATION NO. 10 SUPPLEMENT NO. 2 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility & Drainage Bond Program, hereinafter identified as the "Contract," entered into by and between the City of Pearland ("City"), and Tumer Collie & Braden Inc. ("Engineer). PART 1. Work Authorization No. 10 is related to the improvement of Yost Boulevard from Broadway (FM 518) to Clear Creek. The Engineer will perform Engineering design services, Topographic Survey, ROW Survey and Hydrologic and Hydraulic studies under this Authorization. PART 2. The maximum amount payable for services under this Work Authorization, Supplement No. 2 is $455,000.00. This amount is based on the attached fee proposals submitted by: J.F. Thompson, Inc., dated May 29,2002 in the amount of $455,000.00. PART 3. Payment to the Engineer for the services established under this Work Authorization shall be "Lump Sum." PART 4. This Work Authorization shall become effective on June 11, 2002 and shall terminate on November 12, 2005, unless extended by a supplemental work authorization. PART 5. This Work Authorization does not waive the parties' responsibilities and obligations provided under the contract. PART 6. This Work Authorization is hereby accepted and acknowledged below. ENGINEER CITY OF PEARLAND Larry F. Janak, P.E. Bill Eisen Typed or Printed Name Typed or Printed Name Sr. Vice President Title June 13, 2002 City Manager Title dune 11, 2002 Date Date LIST OF EXHIBITS Exhibit A - Fee Schedule Exhibit B - Work Schedule T~rner Collie Braden Inc. 5/29/2002 EXHIBIT A FEE SCHEDULE Pearland Mobility & Drainage Bond Program Work Authorization No. 10 Supplement No. 2 Summary Project Yost Boulevard En.qineerin.q Services Hydrologic & Hydraulic Environmental Compliance Topographic Survey Geotech ROW Maps & Documents PS&E Traffic Control SWPPP Traffic Signals & Landscape Reimbursable Expenses ROW Acquisition Assistance Materials Testing Subtotal Total to Date Previous Authorization Thompson $ - Berg Oliver $ 28,000.00 Thompson $ - Terra-Mar $ 4,275.00 Thompson $ - Thompson $ - Thompson $ - Thompson $ - Thompson Thompson ContractLand S~sff $ 270,600.00 $ - $ 302,875.00 Current Authorization $ 54,057.00 $ $ 39,40O.0O $ - $ 52,8OO.O0 $ 216,710.00 $ 44,5O3.00 $ 11,790.00 $ 28,123.00 $ 7,617.00 $ 455,000.00 $757,875.00 Page 1 of 1 PROJECT: PROJECT LOCATION: PROJECT LIMITS: CLIENT: THOMPSON PROJECT MANAGER: PROJECT DESCRIPTION: PROJECT SCOPE: YOST ROAD FEE PROPOSAL J.F. THOMPSON, INC. Yost Road City of Pearland, Brazoria County, Texas From FM 518 to South of Clear Creek (To the Proposed Harris County Bridge) Turner, Collie & Braden, Inc. - Bond Program Manager for City of Pearland David R. Kubala, P.E. (713) 956-4100 david.kubala@jfthompson.com Provide engineering services for the replacement of approximately 5,300 feet of an existing 2-lane asphalt pavement and ditch section with a 4-lane concrete depressed'pavement with a divided boulevard and storm sewer section. Engineering services also include surveying, right-of-way maps and documents, hydrologic and hydraulic study, traffic signalization, landscaping, irrigation,' and street lighting. The detailed scope of this project can be found within the Attachments in the following locations: Scope of Services By Project Engineer - Attachment A · "Hydrologic and Hydraulic Study"- *Attachment B · Survey Scope of Services- Attachment C · Traffic Engineering Services - Attachment D · Landscaping and Irrigation Services - Attachment E *Scope of Services as copied from Turner, Collie & Braden's publication, Pearland Mobility and Drainage Bond Program - Project Procedures & Design Criteria Manual D:\PROJECT35982\OOXDOC~YOST SCOPE OF SERVICES. doc 5/29/2002 YOST ROAD FEE PROPOSAL J.F. THOMPSON, INC, Not included within the scope of this project are Bridge Design, Geotechnical Engineering, Environmental Services, Preliminary Roadway Alignment Design, Retaining Wall Design, and Detention/Retention Basin Design. These items may be found within Pearland Mobility and Drainage Bond Program - Project Procedures & Design Criteria Manual; however, after consultation with the Client, these will not be included within this project. DESIGN STANDARDS: DELIVERABLES: Yost Road will be designed using several city, state, and regional gu.idelines and standards all referenced in Turner, Collie & Braden's Pearland Mobility and Drainage Bond Program - Project Procedures & Design Criteria Manual Found in Turner, Collie & Braden's Pearland Mobility and Drainage Bond Program - Project ProcedUres & Design Criteria Manual Section V, Part 4, XI. TOTAL FEES: PRE-DESIGN CONSTRUCTION COST ESTIMATE: $455,000 Breakdown' of Fees can be found in Attachment F $4,O4O,773 Estimate can be found in Attachment G ! PRELIMINARY SHEET COUNT: 113, as found in Attachment H PRELIMINARY DESIGN PHASE SCHEDULE: SPECIFICATIONS: Found in Attachment I Specifications will follow City of Pearland Standard Specifications Division 2-16 by reference only. Division 1 specifications will be by others with job specific information provided by Thompson. D:\PROJECTSx982\OO\DOC\YOST SCOPE OF SERVICES. doc 5/29/2002 ATTACHMENT A Attachment A Exhibit "A" R2002-95 SCOPE OF SERVICES BY PROJECT ENGINEER (Performed by Separate Work Authorization) General In general, and except as may be modified herein or directed by City of Pearland, engineering design, plans and specifications, and construction procedures will follow the usual practices of the City of Pearland, will be in conformance with City of Pearland Project Procedures and Design Criteria Manual and will conform to approved schematic layouts and profiles. The Project Engineer will perform all requisite engineering design services for the project, including control surveys and engineering analysis. Il. Type of Service The engineering services to be performed by the Project Engineer are those services which am necessary for the preparation of design construction plans, specifications, and other items of work related thereto, all of which are hereinafter referred to as the "Design Phase Services." Design Phase Services will include, but are not limited to, the general type and classifications listed in the following: A. Field Survey and Right-of-Way The surveying and right-of-way services can be found in Attachment C. However, there are related items that are listed below under engineering services. Prepare CADD mapping of existing topography 'as found in the field by surveying crew and through utility investigations. 2. Prepare a construction control layout. Roadway Design Controls 1. Prepare existing and proposed elements. typical sections of all roadway Prepare plan and profile sheets showing horizontal and vertical geometric design, including the following designs: ao Refine the horizontal and vertical alignment shown on the preliminary layout. bo Determine vertical clearance at grade separations and overpasses. 3. Coordinate alignment (preliminary to final) with bond program manager. Attachment A Coordinate alignment with Harris County Scarsdale Road Project engineer at Clear Creek. Drainage Design Prepare overall and detailed drainage area maps and calculations necessary to perform the design of the storm sewer system, pump stations, roadside ditches, roadside swales, culvert crossings, detention ponds and stream bridge crossings. Prepare storm sewer calculations per Pearland standards. All calculations and drainage areas will be in conformance with the Drainage Study. o Perform drainage detail design and prepare it on the plan and profile sheets, which will include information on storm sewers, roadside ditches, roadside swales, detention ponds, outfall channels, existing utilities, and cross culverts. Prepare stormwater pollution prevention plan (SWPPP) and layout sheets showing temporary control measure during each phase of construction. o Analyze velocities at conduit outfalls and use conventional methods to prevent scour. Determine if a detail scour analysis is required. A concise (computer aided) scour analysis will not be performed under this contract. o Compile standard City of Pearland detail drawings and design' additional drainage details where necessary. Miscellaneous Roadway Design Compute and tabulate construction quantities and prepare construction cost estimate and submit with each review submittal. Prepare roadway details sheets and modify construction standards as required. o Prepare Title Sheet and Index Sheet. The Title Sheet will be in the format established by the Program Manager. The Index Sheet will include a listing of the required construction standards approved by City of Pearland. Prepare construction traffic control plans which will include the following (as part of additional services): The sequence of construction and method of handling traffic during each phase. me o 8. Utility 1. o F. Utility 1. Attachment A bo The existing and proposed traffic control devices that will be used to handle traffic during each construction sequence, including signals, regulatory sign, warning signs, construction warning sign, guide signs, route markers, construction pavement markings, channeling devices, portable changeable message signs, flashing an'ow boards, barricades, barriers; etc. Co do The proposed traffic control devices (stop signs, signals, flagperson, etc.) at grade intersections during each construction sequence. Where detours or temporary widening are provided, typical cross sections will be shown. e° Road construction work hours will be developed based on traffic conditions.. f. Prepare temporary traffic signal plans if necessary. Prepare signing and pavement marking plans and details in compliance with TMUTCD. Prepare traffic'signal Olans and details. See Attachr~-~ent D for traffic engineering services. Prepare conduit plans and details as per city standards. Submit 30%, 60%, 90%, ~nd Final Plans for review. Design Perform waterline detail design and prepare it on plan and profile sheets. Prepare waterline detail drawings. Use standard details except where necessary. Design areas where sanitary sewer needs adjustment due to pavement, drainage, and other utility conflict. This contract does not include redesign of entire sanitary line only adjustment of existing line. Layouts and Agreements Prepare the exhibits, text correspondence and meeting attendance records to ensure the completion of all necessary utility agreements. In counsel with the Program Manager, coordinate with utility companies to expose potential conflicts and field ties to uncover utilities in potential conflict areas. He Attachment A Jo Project Specifications Prepare project specific specifications and general notes for construction letting, based on Program Manager provided General Notes library and project specifications. Earthwork Cross Sections Sections showing existing and proposed sections will be prepared every 100 feet on tangent sections and every 50 feet on curves for all roadways showing cut and fill quantities. These cross-section sheets will be plotted to a scale of 1" = 10' both horizontally and vertically on cross-section roll plots. Quantities will be tested for accuracy and reliability prior to including in the plans. Design Computations Design computations will be neatly recorded on 8~A-inch by l l-inch computation sheets or standard computer printout, fully titled, numbered, dated, signed and sealed by the maker, checked and indexed. A copy of these computations, fully checked, will be submitted with the completed tracings. Computations will be available at all t. imes fqr review by City of Pearland arid Program Manager. Check prints of drawings will be maintained at all times and be available for review by City of Pearland. Preparation of Supplementary Specifications, Special Provisions, and Contract Documents. Furnish drafts of supplemental specifications and special'provisions of the construction contract, modifying, augmenting, or deleting the provisions of the Standard Specifications. The Project Engineer will also furnish estimates, proposal quantities, and all other information and data required to complete the construction contract documents. For all construction contracts, the contract documents will be printed and published by, bids will be received by, and the award of the contract or the rejection of bids will be made by City of Pearland with the assistance of the Program Manager. Assistance During Advertising and Award of Construction Contract (Bidding Assistance Attachment) Assist City of Pearland during the bidding process by, 1. Attending pre-bid conferences 2. Attending the bid opening 'M. Attachment A 3. Assisting in evaluation of proposals as required. 4. Completing addendums as needed. Shop Drawings (Construction Assistance Attachment) Shop detail and construction drawings submitted by the construction contractors will be reviewed and checked in accordance with accepted standards of professional practice. These will include structural steel details, reinforcement details, form details, cofferdams, and details of all other items required tO review and evaluate for compliance of the construction to the standards required. The review shall be sufficient detail to assure that the materials furnished are of proper size and strength and conform to the construction plans and specifications. General 1. Attend monthly progress meeting as scheduled by the bond program manager. 2. Attend one public meeting to discuss design progress. Detailed exhibits that require the engineer to go b.e. yond the design scope will not be ' prephred and not paid for by this contract. 3. Attend no more than two city council meetings to discuss design progress, 4. Coordinate with Texas Department of Transportation driveway permits as needed.' o Complete QA/QC reviews as required by section III of "Project Procedures & Design Criteria Manual" by Turner, Collie & Braden, Inc, dated Februm'y 2002. D :\P R OJ E CTS~982\OO\DOCXscope of services.doc 1~: 3I 7~.37228048 MP2. A~GCtAT~S P~ May 9, 2002 David KubaZa J.P, i"hornpso~, Inc. 6110 CIarkson Lane Ho~ton, Texas 77055 TI'!O201 Yost Road Laadsca~m Architectural Servires Propasat Dear Mr. Kubala: M2L Associates Inc. is pleased to submit the following proposal to provide landscape ardaitectUral services for the Yost Road Project in Peaxland, Texas. TI'ds AGREEMENT is made by and between referredM2L AssoctateSto as theinC'cLIENT.hereinafter referred to as CONSULTANT, and J.F. Thoml:zson, Inc. hereinafter The AGREEMENT between the parties consists of the tern~ and conciitic~s set forth herein. Any changes to this AGREEMENT must be mutually agreed to in writing. I. · SCOPE OF SERVICES - - A. CONSULTANT shall provide Design Consultation for the following items: I. Yost Road Landscaping from F.M. 518 to Sleepy Hollow B. CONSULTANT shall provide schematic desigr~ for the followirtg scope i~e. ms: 1. Conceptual plant~g plans that identify piant mat(u'ial types, sizes, and locations and layout 2. Conceptual design layout of sidewalks and access ramps' including special .paving for roadway intersections and/or crosswalks, if applicaMe. 3. Conceptual design monumentatiork directional, or specialty slg~aga to be within ~e scope of work axes. Assist the CLIENT ~ the selection and layout of themaHc street, pedestrian. and landscape lighting fixtures. $. AsSist the CLIENT in desig~ presentations at arr. aximuzn of two(2) public hearing~. 6. Estimate of probable comtruction co, ts at the end of the schematic design phase. C. The CONSULTANT shall provide the follow~g projcct and client rela~cI ~rvic~. 1. Obtain and review all available existing si~e information (provided by CLIENT) and become familiar with the site's land.scape opportunities conairaint~ · 2. Visit and obtain photographic coverage of the project site to get familiar with overall physical site characteristics and the context oLthe sur~'otmding ar~a. 3. Meet with the CLIENT at the end of Schematic Design, and Const'raction Documentation phases to present design and project progv.,ss. ~. Conduct a maximu~ of two (2) public hearings ~ present design concept proposals. 5. Prepare estimates of probable construction co, ts at {he end of the Conceptual Design, .Schematic Design, and Construction Docu.mentati,m phases 85/28/2082 16': 4S II. 7137228848 PAGE 82 eleva[mns, an(3 Utility structures In [JAUU (3;g~tal ~o'mat, Site sur~ey in CADD digital format. The CONSULTANT shall NOT be responsible for engagi3g the following design consultants. If these services are required as part of the lqnal accepted design by the CLIENT then these shall be considered Additional Setvt(;es 1. Structural design 2. Mechanical. Electrlcal, and Plumbing 3. Civil Engineering 4, Site Surveying PROCEDURE A. Phase I SCHEMATIC DESIGN After authorization to proceed, The CONSULTANT shall prepare schematic design drawings defining the general concept of landscape architectural design as outlined in the scope of sol'vices. The CONSULTANT shall prepare three to four concept examples el~ roadway landscape treatments for the CLIENT to review and commen~. upon. A budgetary estimate of probable construction costs based upon the concept. shall also be prepared. B Phase 2 CONSTRUCTION DOCUMENTS(For R~fe~enoe Only1 Upon CLIENT'S approval of the schematic design plans and the estimate of probable construction cost at the end of the schema~,ic development phase, the CONSULTANT will develop working'drawings and technical spebifications to construct the work as described in lB above. The (;.OI~[SULTANT shall not be responsible for those items listing in IE above. The C(}NSULTANT shall make every effort to conform to applicable codes and regulations of government, al bodies having jurisdiction over the work at the time of preparation. In developing working drawings and 'technical sections of specifications, CONSULTANT shall use its best efforts to coordinate its services with those of other consultants and to maintain a construction budget in accord~mce with the prellminar~ design of estimate of probable construction cost accepted b,,/the CLIENT at the end of the schematic development phase. Phase 3 (;;ONSTRUCTION OBSERVATiON(For Referem;.LD. J3J~ Prior to construction the CONSULTANT will work with the CLIENT's other consultants and contractors to verify hardscape feature locations and layouts prior to construction. The CONSULTANT shall monitor the construction site and review the progress and quality of the construction and to determine in general if the construction is proceeding in accordance with CONSULTANT'S design intent and the Construction Documents. On the basis of its observat,ons, the CONSULTANT will keep the client informed of the progress of construction. The CONSULTANT will provide followup details and sketches as necessary to Inst?uct the contractor as to the intended design of hardscape elements, The CONSULTANT may recommend to the CLIENT the rejection of work failing to conform to the Contract Documents, CONSULTANT shall endeavor to secure compliance by the contractor to the ptans and specifications, and intended design approach. CONSULTANT shall not be responsible for the construction means, methods, ~eohniques, sequences or procedures in connection with the work and CONSULTANT shall not be responsible for the Contractor's errors or omissions or failure to carry out the work In accordance with the Contract Documents. The'Construction Observation phase shall include the following items, 20020528 tho~01 Mr Da~ id Kuc~a Leller35~72 Page :' 85/28/2882 7137228848 M2L ASSOCIATES III. 1. VISI~ tile projecl site weekly clurmg ~tle construc~or Period anti provide wntterl progress reports. 2. CONSULTANT shell provide the following Construction Administration services, review change orders, pay requests, shop drawing.,;, and matedal submittals , ESTIMATED SCHEDULE AND PROJECT BUDGET The CONSULTANT shall render ifs services as expeditiously as is consistent with professional skill and care. During the course of the PRC. JECT, anticipated and unanticipated events may impact any PROJECT schedule. As of the date of this AGREEMEENT, the CLIENT's development budget is appr3ximately $650,000. The CLIENT acknowledges that significant changes to the PROJECT schedule, budget or the PROJECT's scope by more than 10% may require Addilional Services of the CONSULTANT IV. BILLING AND PAYMENT A. ~ The CLIENT will pay CONSULTANT a Maximum Fee ms shown below for Phases t-3. Item . Fees for Professional Services and Reimbursable Costs shall be submitted to the CLIENT by the CONSULTANT monthly and will be due and payable within thirty (30) days from the receipt of said Invoice. If the CLIENT objects to all or any portion of the invoice, the CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, not in dispute. The parties will immediately make every effort to ~ettle the disputed portion of'the invoice. In the absence of written notification described above, the balance as stated on tl~e invoice will be paid within thirty (30) days of date of invoice. Phas~ I; Schematic Design $11,000.00 Phase ~ Construction Documents Included (to be negotiated, approzimately 6%-8% of anticipated construction costs) Not Construction Administration TOTAL BASIC SERVICES FEE $11,000.00 Reimbursable CoSts: Reimbursable costs are not included in the above professional services fee. Proiect related reimbursable shall not exceed $1,500, excluding fees for securing authorities' approval, without prior written authorization t3y the CLIENT. Reimbursable includes but are not limited to the cost of reproduction including in house CADD plotting; postage; courier; automobile travel at $0,3:2 per mile; reasonable ~ravel expenses to job site: long distance calls and faxes. ADDITIONAL SERVICES The CLIENT shall provide the following information or se~icas as required for the CONSULTANT to perform work. The CONSULTANT assume,,~ no responsibility and shell not be liable for the accuracy of such information or services provided by the CLIENT. The CONSULTANT shall provide the following services with written authorization by the CLIENT. Such services shall be paid for by the CLIENT as additional services. Additional services shall be Drovided on a time and material basis and shall be billed at the 05/28/2082 1S:~S 7137228048 H2L ASSOCIATES PAGE VI, VII. VIii. IX. CONSULTANT'S no'final hourly billing rates. Additional services include but not limited to the following items: (1) Topography and boundary surveys. (2) Property legal descriptions. (3) Existing site engineering and utility base information. (4) Soils, geotechnical, electrical or mechanical engir~eering services as required to complete the scope of work. (5) Work, not defined in the scope of services, reques-:ed and/or authorized by the CLIENT. (6) Additional work performed due to lack of performarlce, default, insolvency, errors and/or omissions by other consultants retained by the CLIENT and due to no fault of the CONSULTANT. (7) Work performed due to delays as a result of CLIEHT decisions or other project reasons and due to no fault of the CONSULTANT. (8) Tree Survey. (9) Models. special renderings, promotional photogral:,hy, special printing, special equipment, special printed reports or publications, maps, and documents requested by the CLIENT that are not specificall7 ir. dicated in the scope of work. ' (10) Fees for approved consultants, including but not It,lited to, structural, civil, and electrical. (11) Development guidelines. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination, CONSULTANT will be paid for service;s performed prior to the date of termination. SUCCESSOR AND ASSIGNS This Agreement shall be binding upon the CLIENT and the CONSULTANT, and upon both parties' successors and assigns. Neither party shall assign flor transfer its interest in this Agreement or any part thereof without the written consent of Ihe other party, CREDITS AND ACKNOWLEDGMENTS ~' The CONSULTANT shall be given proper credit and acknowledgments for all services including, but not limited to, planning, design and implementation. Proper credit shall be defined as being named by the CLIENT or the CLIENT's agent/CLIENT in such media as project identification boards, published articles or promotional brochures, and interviews and press releases to newspapers, professional journals anc other similar publications. The CONSULTANT reserves the right to Issue press releases, marketing Information and utilize public relations services to make public the CONSULTANTs role on projects which have been made "public" by the CLIENT. OWNERSHIP OF DOCUMENTS All instruments el~ professional service prepared by the CONSULTANT, including, but not limited to, drawings and specifications, are the property of the CONSULTANT, and these documents shall not be reused on other projects without the CONSULTANT'S written permission. The CONSULTANT retains all rights, including the copyright in its documents. The CLIENT or others cannot the CONSULTANT'S documents to complete this Proiect with others unless the CONSULTANT is found to have m;aterlally breached this Agreement. The CLIENT or others may not use the documents for any other purposes others than those listed in this Agreement. The CONSULTANT reserves the right ~o include representations of the Project in its promotional and professional materials. Xl. ENTIRE AGREEMENT AND SEVERABILITY Tl~is AGREEMENT is the entire and integrated agreement between the CLIENT and CONSULTANT and supersedes all prior negotiations, statements or agreements, either written or oral. This AGREEMENT may be amended only by written instrument signed by both CLIENT and CONSULTANT. In the event that any te~rn or provision of this agreement is found to be void. invalid or unenforceable fop any reason, that term or provision shall be deemed to be stricken from this agreemert.a and the balance of this agreernent shall survive and remain enforceable. INDEMNIFICATION THE CLIENT AGREES TO INDEMNIFY. DEFEND, AND HOLD CONSULTANT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, SUITES, DEMANDS, LOSSES. COSTS AND EXPENSES, INCLUDING. BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND LEGAL EXPENSES AND FEES INCURRED ON APPEAL, AND ALL INTEREST THEREON, ACCRUING OR RESULTING TO AhY AND ALL PERSONS, FIRMS OR ANY OTHER LEGAL ENTITIES ON ACCOUNT OF ANY DAMAGES OR LOSSES TO PROPERTY OR PERSONS, INCLUDING INJURY OR DEATH, OR ECONOMIC LOSSES, ARISING OUT OF THE PROJECT AND/OI:~ THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT. EXCEPT TO THE EXTENT SUCH OAMAGES OR LOSSES ARE FOUND BY A COURT OR FORUM OF COMPETENT JURiSDiCTION TO BE CAUSED BY THE CONSULTANT'S NEGLIGENT ERRORS OR OMISSIONS. GOVERNING LAW AND :SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in the AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not. be impaired. Limitations of liability and indemnities will survive termina:ion of the AGREEMENT for any cause. The Parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed by the CLII-'_NT below. Agreed By and Between: M2L Asso~dt_a~iates nc. By: Karen W. Rogers, J.F. Thompson, Inc. By: Name(Printed): Title: Principal Date: ~/~.~/---'~ Title: Date: ......... [ .................. Z00:~0521~ lift0201 Mt. Oav~ ~(~l~la Lel~ler35.~72 P~,9,~ § ATTACHMENT F Attachment F J.F. THOMPSON, INC. SUmmary of Yost Road Fee Proposal City of Pearland, Turner, Collie & Braden (Bond Program Manager) MaY 29, 2002 Project Name: Project Limits: Length: Type of Section: Est. Const. Cost: Yost Road From FM 518 to Clear Creek 5,300 FT Four Lane Concrete Pavement with divided Boulevard $4,040,773.00 (See Attachment G) Basic Design Services Additional Db~ign Services Construction Assistance Services Reimbursable $203,599 $230,673 $13,111 $7,617 $455,000 3.. 0 o d W rS) 0 0 0 Z <~ Z 0 0 Z 0 0 qqqqqqqqqq o~0o~o~ 000000~ CITY OF PEARLAND MOBILITY & DRAINAGE PROGRAM YOST ROAD 2002 2003 2004 ID 0 Task Name Duration Start Finish Predecessors Dec Jan I Feb I Mar I Apr I May J Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 1 Yost 1185 days Tue 2/12/02 Wed 6/8/05 2 Preliminary Engineering Services 585 days Tue 2/12/02 Fri 9/19/03 .p / ' 3 a` Authorization Pre Eng 1 day Mon 3/11/02 Mon 3/11/02 4 p" Data Collection 21 days Tue 2/12/02 Mon 3/4/02 5 p"` Field Reconnaissance 21 days Tue 2/12/02 Mon 3/4/02 4SS 6 c Authorization- Geotech & ESA 0 days Mon 4/22/02 Mon 4/22/02 t "/22 �1♦' 7 Prep of Contracts 22 days Mon 4/22/02 Mon 5/13/02 6 8 Geotech Studies 45 days Tue 5/14/02 Thu 6/27/02 7 .._:_.` 9 n Phase I ESA 60 days Tue 5/14/02 Fri 7/12/02 7 `i::ii��'i 10 q" Authorization -Survey, Drainage, Design 0 days Mon 6/10/02 Mon 6/10/02 6/10 11 Prep of Contracts 22 days Mon 6/10/02 Mon 7/1/02 10 12 Survey 45 days Tue 7/2/02 Thu 8/15/02 11 -:---- 13 Drainage Studies 45 days Tue 7/2/02 Thu 8/15/02 11 14 o ROW Mapping 80 days Tue 7/2/02 Thu 9/19/02 11 _ hh 15 ROW Acquisition 365 days Fri 9/20/02 Fri 9/19/03 14 16 Wet Lands Permiting 181 days Thu 6/13/02 Tue 12/10/02 9SS+30 days 17 Preliminary Design 150 days Tue 4/2/02 Thu 8/29/02 3,12FF+14 days,,: :::;:::• • • •::;:::• :•:: - - • - 18 Review City of Pearland 14 days Fri 8/30/02 Thu 9/12/02 17 . 19 Final Design 553 days Fri 9/13/02 Thu 3/18/04 20 Design 30% 90 days Fri 9/13/02 Wed 12/11/02 18 21 Review 30% Design 14 days Thu 12/12/02 Wed 12/25/02 20 22 Design 60% 90 days Thu 12/26/02 Tue 3/25/03 21 : - m • • • • • • • • • : 23 Review 60% 14 days Wed 3/26/03 Tue 4/8/03 22 FF 24 Design 90% 60 days Sat 9/20/03 Tue 11/18/03 23,15 :.;::::::::::::::::::� 25 Review 90% 90 days Wed 11/19/03 Mon 2/16/04 24 f ..._.•-.•,.•.• • iiiiEiiiiii Documents days 26 Complete Bid 31 Tue 2/17/04 Thu 3/18/04 25 27 Advertize,Bid & Award 40 days Wed 3/24/04 Mon 5/3/04 28 Advertize Bid 0 days Wed 3/24/04 Wed 3/24/04 26FS+6 days *124 29 Pre Bid Confrence 0 days Wed 4/14/04 Wed 4/14/04 28FS+21 days illh4/14 30 Receive Bids 0 days Wed 4/21/04 Wed 4/21/04 29FS+7 days 4 14/21 31 Recommend Award 0 days Fri 4/23/04 Fri 4/23/04 30FS+2 days 4/23 32 Award Construction Contract 0 days Mon 5/3/04 Mon 5/3/04 31 FS+10 days 5/3 33 Construction Phase 366 days Tue 5/11/04 Wed 6/8/0517, 34 Notice to Proceed 1 day Tue 5/11/04 Tue 5/11/04 32FS+7 days 14. Construction 365 days Wed 5/12/04 Wed 34 35 6/8/05 Turner Collie & Braden Inc Task ::E:::E::.f.E::;::::E;2:E_si:i; Progress 111111111111111111111111111111111111111111 Summary Rolled Up Split Rolled Up Progress IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Project Summary Project: 13-11256 Date: Wed 5/29/02 Split/1111111111111111 Milestone ♦ Rolled Up Task• ....;.; ? ?... Rolled Up Milestone O External Tasks Page 1