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R2007-130 2007-08-20 RESOLUTION NO. R2007 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE HILL HOUSE ROAD INFRASTRUCTURE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering services associated with the Hill House Road Infrastructure Project, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for engineering services associated with the Hill House Road Infrastructure Project. PASSED, APPROVED and ADOPTED this the 20th day of TOM REID MAYOR ATTEST: APPROVED AS TO FORM: Ga_ .~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2007 -130 07 -0055 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on August 20, 2007 by and between the City of Pearland ("CITY") and Snowden Engineering, Inc. ("CONSULT ANT"). The CITY engages the CONSULT ANT to perform professional services for a project known and described as Hillhouse Infrastructure ("PROJECT"). SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform engineering design services, construction phase services, and other reimbursable work as specified. 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 CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSUL T ANT 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 anyone 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 anyone 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, CONSULT ANT 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 CONSULT ANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULT ANT, 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 CONSULT ANT is not to be considered an agent or employee of the CITY. -2- SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion ofproiect construction and receipt of record drawings. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is payment by installments. Total compensation for the services performed shall not exceed $96,169.50. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to approval of the preliminary design ..1Q.. % plans, payments to the CONSULTANT shall not exceed 50% of the total CONTRACT amount. 2. Prior to approval of the final design documents, payments to the CONSULT ANTS shall not exceed ~ % of the total CONTRACT amount. The final approval and payment will be made within a reasonable period of time regardless of the project construction schedule. 3. If the scope of work of this CONTRACT includes the preparation of studies, design concepts, or other investigations, progress payments shall not exceed N/ A % of the total CONTRACT amount prior to submittal of the final report deliverables. 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 proj ect manager. B. The CITY shall review submittals by the CONSULT ANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULT ANT'S work. The CITY will keep the CONSULT ANT advised concerning the progress of the CITY'S review of the -3- work. The CONSUL T ANT agrees that the CITY'S inspection, reVIew, acceptance or approval of CONSULT ANT'S work shall not relieve CONSULT ANT'S responsibility for errors or omissions of the CONSULT ANT or its sub-consultant(s) or in any way affect the CONSUTANT'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 CONSULT ANT personally or by certified mail at 2524 Westminister; Pearland, TX 77581. Immediately after receiving such written notice, the CONSULT ANT 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. -4- F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 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 CONSULT ANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULT ANT 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. The parties have executed this CONTRACT this 20th day of August ,2006. ~\ CItfy OF EARLAND, TEXAS Bill Eisen, City Manager (~ :jJ C~ANT ~ -5- SCOPE OF SERVICES Hillhouse Site Infrastructure Introduction The City of Pearl and (Owner) requests that Snowden Engineering provide professional engineering services for the design and construction of approximately 1,200 feet of Hillhouse Road from the point at which it terminates north of FM518 to the limits of the City's property. In addition, water and sanitary sewer lines will be installed in the same area, as detailed below. The project will include construction of a two-lane concrete road with curb and gutter consistent with the City of Pearl and specifications. The water line will be 8" PYC and will connect the existing line with the line along Sun King Drive. The sewer line will be 8" PYC and will provide service to the City's property from the existing sanitary line along FM518. Both underground utility lines will be designed and constructed to City of Pearland specifications. Snowden Engineering services shall include preliminary engineering and final design, and bidding and construction support services. Basic Services Snowden Engineering shall render the following professional services to the Owner in connection with the development of the Project. Design Phase 1. Attend a preliminary meeting with the Owner's representatives to establish requirements for the Project. 2. Provide professional services to create a Geotechnical Investigation report for the project area. If other engineering or analytical reports are required for adequate design but are not available, Snowden Engineering will inform the Owner of this need. 3. Prepare estimated schedule for project completion. 4. Design approximately 1,200' of28'-0" wide (bc-bc) concrete pavement with 6" curb from the end of Hillhouse concrete road to approximately 300' south of Sun King Drive. 5. Design the street's associated drainage system, including establishing drainage areas, storm sewer hydraulic computations, storm sewers, inlets, manholes, and details. 6. Design approximately 1,700' of8" water line from the end of the existing 8" water line north to Sun King Drive along the east R.O.W. line and connect to an existing 8" water line at the intersection of Sun King Drive and Sunburst Lane. 7. Design approximately 1,600' of8" sanitary sewer line from FM518 (Broadway) north to approximately 300' south of Sun King Drive along the east R.O.W. line. 8. Prepare construction plan/profile sheets showing proposed pavement, drainage, sanitary sewer, and water line improvements. If directed by Owner and upon completion of 30%- complete plan review, separate plans for road and drainage portion of the project from the water and sanitary plans for completion by separate contractors. 9. Prepare details and typical sections for the Project. 10. Design and prepare plans for pavement marking and signage. 11. Design pavement tie-ins at intersecting roads and driveways to industrial/commercial developments. Also include stub-outs for underground utilities where requested for future development. 12. Conduct meetings with the Owner on a minimum monthly basis to report Project progress and resolve any design issues. Prepare minutes from these meetings and issue within 3 business days of the meeting. 13. Prepare storm water pollution prevention plans and details. 14. Coordinate with and submit plans to pipeline or utility companies, as required. 15. Prepare all necessary documents and submit them to the appropriate TxDOT office to obtain connection permits for the storm sewer system. 16. Prepare quantities and bid documents. 17. Prepare detailed specifications and contract documents for construction authorized by the Owner. 18. Prepare detailed Opinion of Probable Construction Cost (OPCC). Snowden Engineering shall not be required to guarantee the accuracy of this OPCC. 19. Submit one set each 30%-,60%-, and 90%-comp1ete plans for Owner's review and comments. Snowden Engineering will provide written responses to comments by the owner for all plans. 20. Provide engineer's construction cost estimate with 60%- and 90%-complete plans, and construction specifications and estimated schedule with 90%-comp1ete plans. 21. Upon receipt of Owner's 90%-complete comments, finalize Construction Documents and furnish the Owner five (5) sets of plans, specifications, and Contract Documents. Additional Services 1. Provide miscellaneous printing, plotting, mileage, mailing, and deliveries as requested. 2. Coordinate with the surveyor under direct contract with the city to obtain field topography as needed for the purpose of design. Bid or Negotiation Phase Upon completion of the design services and approval of "Final" drawings and specifications by Owner, Snowden Engineering will proceed with the performance of services in this phase as follows: 1. Assist Owner in securing bids. Provide a copy of the notice to bidders for Owner to use in notifying construction news publications and publishing appropriate legal notice. The cost for publication shall be paid by Owner. 2. Distribute one copy of plans and bid documents to selected plan rooms. 3. Assist the Owner in maintaining information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist the Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. Assist the Owner in conducting a pre-bid conference for the construction project and coordinate responses with Owner. Assemble and issue responses to the pre-bid conference in the form of addenda issued after the conference. 6. Assist the Owner in tabulating and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend (in writing) award of contracts or other actions as appropriate to be taken by Owner. Pre- qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. 7. Assist the Owner in the preparation of construction Contract Documents for construction contract. Provide five (5) sets of Construction Contract Documents which include information from selected contractor's bid documents, legal documents, and addenda bound in the documents for execution by the owner and construction contractor. Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the construction contract. Construction Phase Upon completion of the bid or negotiation phase services, Snowden Engineering will proceed with the performance of construction phase services as described below. Snowden Engineering will endeavor to protect Owner in providing these services. However, it is understood that Snowden Engineering does not guarantee the contractor's performance, nor is Snowden Engineering responsible for supervision of the contractor's operation and employees. Snowden Engineering shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the contractor or any subcontractor. Snowden Engineering shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. 1. Assist Owner in conducting a pre-construction conference with the contractor, review construction schedules prepared by the contractor pursuant to the requirements of the construction contract, and prepare a form for the purpose of monthly pay estimates of the project from information provided by the construction contractor. 2. Provide engineering services during construction phase for office and field meetings with the Owner, contractor, and others as necessary. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Review contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the project. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Based on Snowden Engineering's observations as an experienced and qualified design professional, and review of the paYment requests and supporting documentation submitted by the contractor, determine the amount that Snowden Engineering recommends the contractor be paid on monthly and final estimates, pursuant to the General Conditions of the construction contract. 5. Make periodic visits to the site to observe the progress and the quality of work and to attempt to determine, in general, if the work is proceeding in accordance with the construction Contract Documents. In this effort, Snowden Engineering will endeavor to protect the Owner against defects and deficiencies in the work of the contractor, and will report any observed deficiencies to Owner. Snowden Engineering, however, cannot guarantee the performance of the contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 6. Notify the contractor of non-conforming work observed on site visits. Review quality- related documents provided by the contractor such as test reports, equipment installation reports, or other documentation required by the construction Contract Documents. 7. Interpret the drawings and specifications for Owner and contractor. Investigations, analyses, and studies-requested by the contractor and approved by Owner-for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 8. Prepare change order documentation for approved changes for execution by the Owner. Documentation of field orders, where cost to Owner is not impacted, will also be prepared. Substitutions of materials or equipment or design modifications requested by the owner are an additional service. 9. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. 10. Conduct, in company with Owner's representative, a substantial-completion and final review of the project for conformance with the design concept of the Project and general compliance with the construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Owner in obtaining legal releases, permits, and warranties from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the contractor. Visiting the site to review completed work in excess of two trips is an additional service. 11. Revise the construction drawings in accordance with the information furnished by the construction contractor, reflecting changes in the project made during construction. One (1) set of prints of "record drawings", one (1) set of mylar plans tracings, and two (2) CDs containing the proj ect plans in . tif or .pdf format shall be provided by Snowden Engineering to Owner. If additional surveying or inspection is necessary in order to produce accurate and complete As-Built drawings, then such services will be furnished as an additional service. Additional Services Additional services to be performed by Snowden Engineering, if authorized by Owner, which are not included in the above-described basic services, are described as follows: A. Additional field surveying required for preparation of designs and drawings. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. F. Providing renderings, models and mock-ups requested by the Owner. G. Making revisions to drawings, specifications or other documents when such revisions are I) inconsistent with approvals or instruction previously given by owner or 2) due to other causes not within the control of Snowden Engineering. H. Providing consultation concerning the replacement of any work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such work. 1. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. J. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. Performing investigations, studies and analyses of substitutions or equipment and/or materials or deviations from the drawings and specifications. L. Assisting owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this agreement. Such services, if any, shall be furnished by Snowden Engineering on a fee basis negotiated by the respective parties outside of and in addition to this agreement. M. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. N. Design, contract modifications, studies, or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. O. Services required to resolve bid protests or to rebid the project for any reason. P. Any services required as a result of default of the contractor or the failure, for any reason, of the contractor to complete the work within the contract time. Q. Providing services after the completion of the construction phase not specifically listed above. R. Providing basic or additional services on an accelerated time schedule. The scope of this service includes cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. S. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. T. Providing services to review or evaluate construction contractor claims, provided said claims are supported by causes not within the control of Snowden Engineering. U. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. V. Providing follow-up professional services during contractor's warranty period. Time of Completion Snowden Engineering is authorized to commence work on the project upon execution of this agreement and agrees to complete the services called for in Design Phase, above, that is to deliver completed plans, specifications, and estimate of cost for all authorized construction of the project, within 120 calendar days from receipt of field survey and mapping information. Review periods by the City, acquiring approvals and permits have not been accounted for in this time. Snowden Engineering will proceed with the performance of the services called for in Bid and Construction Phases, above, until completion of the project. Responsibilities of Owner Owner shall perform the following in a timely manner so as not to delay the services of Snowden Engineering: A. Designate a person to act as Owner's representative with respect to the services to be rendered under this agreement. Such person shall have contract authority to transmit instructions, receive information, and interpret and define Owner's policies and decisions with respect to Snowden Engineering's services for the project. B. Provide all criteria and full information as to Owner's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards that Owner will require to be included in the drawings and specifications. C. Assist Snowden Engineering by placing at Snowden Engineering's disposal all available information pertinent to the project, including previous reports and any other data relative to design or construction of the proj ect. This will include electronic files of topographical boundary surveys. D. Arrange for access to and make all provisions for Snowden Engineering to enter upon public and private property as required to perform services under this agreement. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Snowden Engineering; obtain advice of an attorney, insurance counselor, or other consultants as Owner deems appropriate for such examination; and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Snowden Engineering. F. Owner shall secure services of a professional surveyor to furnish right-of-way and boundary surveys, topographic surveys, control surveys and construction surveys required for the project. Owner shall also provide the services of a professional surveyor to prepare right-of-way parcel property maps for the taking areas together with legal descriptions and other services required for property acquisitions. All costs associated with such work shall be paid by the Owner. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project; such legal services as Owner may require or Snowden Engineering may reasonably request with regard to legal issues pertaining to the project including any that may be raised by contractor; such auditing service as Owner may require to ascertain how or for what purpose any contractor has used the moneys paid under the construction contract; and such inspection services as Owner may require to ascertain that contractor is complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. H. Attend, coordinate, and conduct the pre-bid conference, bid opening, preconstruction conference, construction progress and other job-related meetings and substantial completion inspections and final payment inspections. 1. Give prompt written notice to Snowden Engineering whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Snowden Engineering's services, or any defect or nonconformance of the work of any contractor. 1. Bear all costs incident to compliance with this section. SNOWDEN ENGINEERING, INC. July 16, 2007 2524 Westminster Pearland, Texas 77581 Phone: (281) 485-2018 Fax: (281)485-5473 E-Mail: snowenginc@sbcglobal.net Mr. Danny Cameron Public Works Director City of Pearland 3501 East Orange Street Pearland, TX 77581 Dear Mr. Cameron: Re: City of Pearland Hill House Road Project Proposal Snowden Engineering, Inc. (SEI) is pleased to submit our proposal for civil engineering and geotechnical services related to the referenced project. SCOPE OF WORK As we understand the project. SEI will provide required civil engineering services and SEI will be provided the required surveying data by C.L. Davis and Company in order to complete the project. Additionally. a firm providing the services for both the Geotechnical Investigation and the Environmental Site Assessment. Phase 1 will be employed by SEI. The fees for these services are set out within this proposal. Please see the attached City of Pearland Scope of Services for the requirements of the project. BASIS OF COMPENSATION Based upon the information currently available, we estimate the level of effort required for the engineering services to complete the project will be $89,469.50. Please see the attached breakdown for the services required. The fee for the Geotechnical Investigation will be $3,700.00 and the fee for the ESA, Phase 1 will be $3,000.00. Please see the attached proposals from Tolunay-Wong Engineers, Inc. The total fee required for the project is $96,169.50. We estimate the time of completion of the design will be within approximately 120 calender days from the notice to proceed and SEJ being provided with all the required survey information. Consulting Engineers & Surveyors July 16, 2007 Page 2 We appreciate the opportunity to submit this proposal and if you have any questions, please feel free to contact me. Sincerely, ~9J,~ Dr. James D. Snowden, P.E., R.P.L.S. President JDS/SAlcw July 16, 2007 Hill House Road Project Snowden Engineering, Inc. Estimated Level of Effort Calculations for Professional Staff and Miscellaneous Charges Design Phase HOURS/MISS. TOTALS ITEM RATE Principal $200.00/hr. 36 $7,200.00 Project Manger $110.00ihr. 97 $10,670.00 Design Engineer $85.001hr. 189 $16,065.00 Chief CADD $75.00ihr. 76 $5,700.00 Supervisor Computer Technician $72.00ihr. 96 $6,912.00 Design $70.00lhr. 157 $10,990.00 CADD Draftsman $6S.00/hr. 248 $16,120.00 Administrative $60.00ihr. 122 $7,320.00 CADD Plotter $12.00/min. 100imin. $1,200.00 Black Line $0.25/sqft 450/sqft $112.50 Reproductions Ten(10) Sets of Plans Specifications and $50.00/Set 1 0 Sets $500.00 Contract Documents Bid Phase Principal $200.00Ihr. 4 $800.00 Project Manager $110.00Ihr. 8 $8eO.00 Administrative $60.00/hr. 10 $600.00 Construction Phase Principal $200.00/hr. 5 I $1,000.00 Project Manger $110.00lhr. 20 $2,200.00 Administrative $60.00/hr. 20 $1 ,200.00 Totals: $89,469.50 Tolunay-Wong ~ Engineers, Inc. 10710 S. Sam Houston PkwyW., Suite 100 >4< Houston, TX 77031 >4< 713-722-7064 * Fax 713-722-0319 July 13, 2007 TWEI Proposal No: P07-G228 Mr. James Snowden, P .E. Snowden Engineering, Inc. 2524 West Minister Pearland,Texas77S81 PROPOSAL FOR GEOTECHNICAL SERVICES ROAD WAY IMPROVEMENT PROJECT 1200-FT OF HILLHOUSE ROAD CITY OF PEARLAND, TEXAS Dear Mr. Snowden: We appreciate the opportunity to submit our proposal for geotechnical engineering services for the proposed roadway improvement project in the City of Pearland, Texas. The project includes the construction of concrete or asphalt pavement and installation of storm sewer line along the alignment. The proposed roadway will be about 28-ft wide and the depth of the storm sewer will be about IO-ft. The project site is located on the northwest side ofFM. 518 and Cullen Boulevard in Brazoria County, Texas (Key Map Page 613 M). You provided the project information via telephone conversation on July 13, 2007. Scope of Services Our scope of services covered in this proposal will consist of field exploration, laboratory testing and the preparation of a geotechnical engineering report documenting our findings and geotechnical design recommendations. FIeld Emloration. We will drill three (3) 15-ft deep borings to evaluate the subsurface conditions. A total of 45 vertical feet will be drilled along the road alignment. We Will obtain soil samples continually to the 12-ft depth, and then 13-ft to IS-ft borings termination depth. Drilling will be performed in accordance with the appropriate ASTM procedures. We will obtain representative portions of the recovered soil samples and transport them to our laboratory for testing. We will backfill the open boreholes with soil cuttings one day after completion, and after obtaining water-level readings. Laboratory Testinl!. We will perform soil mechanics laboratory tests to measure physical and engineering properties of selected representative soil samples. The testing will generally include measurement of the shear strength, total unit weight, in situ moisture content and plasticity characteristics of the soils. All laboratory tests will be performed in accordance with appropriate ASlM standards. We Mr. James Snowden, P.E. TWEI Proposal No.: P07-G228 July 13,2007 Page 2 will keep the samples for 30 days after the final report is presented. We will discard the samples after that time, unless instructed otherwise. Engineering Report. We will prepare an engineering report that will present our findings and provide you with geotechnical design and construction improvements, including: . Subsurface stratigraphy . Groundwater conditions as observed in the open boreholes . Soil classifications for OSHA trenching and shoring recommendations . Bedding and backfill criteria for storm sewers . Wet conditions bedding requirements, if applicable . Pavement subgrade preparation . . AASHTO rigid or flexible pavement design :Budget OUf lump sum cost for the above-described services is $3,700 and will not be exceeded without your prior written authorization. The cost for the geotechnical study assumes that others provide ingress and egress to the site. The cost breakdown for the project is tabulated as follows: Field Mobilization $300 Field Exploration (45 linear ft.) 630 Laboratory Testing 700 Engineering 2.070 $3,700 Schednle We can typically mobilize our field crew within four to five work days after authorization depending on the availability of drilling equipment We can complete the field work in one work day and issue our report within fifteen working days after the field work and laboratory testing are complete. We can furnish you with verbal preliminary information upon completion of the fieldwork and laboratory testing. Acceptance of Propos a} If you accept our proposal, please sign below and return one copy to our office. The terms and conditions of this proposal are included in Exhibit A. Mr. James Snowden, P.E. TWEI Proposal No.: P07-G228 July 13, 2007 Page 3 Closing' Remarks Again, we would like to express our appreciation for the opportunity to submit this proposal and loole forward to serving you on this project. Sincerely, TOLUNAY-WONG ENGINEERS, INC. M Mohammed Islam, P.E. ~-~ Zeld A. Tolunay, P .E. Accepted by: Name: Date: MIlZAK.: mi EXHIBIT A TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between TOLUNA Y -WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists ofthese TERMS, the attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE The CLmNT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use ofthe information developed. Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER to perform the worle set forth in this AGREEMENT. The CLIENT will notify any and all possessors ofthe project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course ofworlc, some damage Il1llY occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. SAMPLE DISPOSAL The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT. CONSTRUCTION MONITORING If the GEOTECHNICAL ENGINEER is retairied by the CLIENT to provide a site representative for the purpose of monitoring specific portions of the construction worle as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop worle of any agent ofthe CLIENT. Such rights are reserved solely for the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by the CLIENT to provide construction related services. The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction selected by any agent or AGREEMENT ofthe CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, if no lump sum amount is indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. IfCUENT objects to all or any portion ohny invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion ofthe invoice not in dispute. The parties will immediately make every effort to settle the disputed portion ofthe invoice. In the llbsence of written notification described above, the balance as stated on the invoice will be paid. Page 1 of2 Invoices are delinquent ifpayment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of 1-112 (1.5) percent per month (or the llUIXimum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion ofthe invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER wi\1 have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach ofthis AGREEMENT. TERMINATION The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination, GEOTECHNICAL ENGINEER will be paid for services performed prior to the date oftermination. INDEMNIFICATION Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the GEOTECHNICAL ENGINEER's performance ofthe services described in this AGREEMENT. This indemnity shall not limit, restrict or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under anyone or more theories of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action LIMITATION OF LIABILITY The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against GEOTECHNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform worle in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation ofIiability and require a liIee limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like limitation of liability provision, the liabllity of the CLIENT nnd the GEOTECHNICAL ENGINEER to such contractor shall be allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed $50,000 or the amount of the GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER mnIces no warranties, either expressed or Implied, except as set forth above. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials on ornear the project site. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to talce immediate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of hazardous waste. GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to malce any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials. Not withstanding any other provisions ofthe AGREEMENT, CLIENT waives my claim against GEOTECHNICAL ENGINEER, and to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials or suspected hazardous materials inciuding any costs created by delay ofthe project and any costs associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL ENGINEER which are found to be contaminated. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity ofthese TERMS, their interpretation and performance. If any ofilie provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations ofliability and indemnities will survive termination of the AGREEMENT for any cause. Page 2 of2 Tol un ay-Wong ~ Engineers ,lne. July 17, 2007 TWEI Proposal No. P07-E045 Mr. James Snowden, P.E. SNOWDEN ENGINEERING, INC. 2524 Westminster Pearland, TX 77581 Phone: 281.485.2028 Fax: 281.485.5473 PROPOSAL FOR A PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE 1,200 FEET OF ROAD IMPROVEMENT ALONG HILLHOUSE ROAD BEGINNING - 520 FEET, NORTH OF W BROADWAY ST., PEARLAND, HARRIS COUNTY, TEXAS Dear Mr. Snowden, Tolunay-Wong Engineers, Inc., (TWEI) is pleased to submit the following proposal to provide environmental services for the above-referenced location. Backeround The Alignment to be investigated is situated along Hillhouse Road and begins at the telmination of the current pavement on said road continuing n01111. The Alignment is approximately 1,200 feet in length and has a north/south orientation. Objective The objective of this investigation is to discover, document, and report potential environmental concerns regarding the Alignment by providing a Phase I ESA. Scope of Work TWEI will provide the necessary persomlel and equipment to successfully complete the following tasks: 10710 S. Sum Houston Pkwy w.. Suite 100. Houston. TX 77031 (713) 722-7064 Fax (7]3) 722-0319 Mr. James Snowden, P.E. July 17. 2007 TWEI Proposal No. P07-E045 Page 2 Task 1 - Phase I ESA The Phase I ESA will be conducted in general accordance with the guidelines in ASTM-E-1527- 05. The Phase I ESA will not include sampling for potential asbestos containing building materials (ACBM), lead-based paint, soil, or groundwater. TWEI environmental professional(s) will conduct and document the fonowing activities as part of the Phase I ESA: 1. Historical review of prior owners of the properties along the Alignment. A review of records available from past and current landowners and interviews with pertinent individuals will be included in this process. 2. A historical review of land use, including review of aerial photographs, soil conservation maps, or other available historical data. This will not include a historic chain of title search. 3. Contact Federal, State and Local regulatory agencies to identify records that could indicate negative environmental impacts at the Alignment. Agencies that may be contacted include: EP A, TCEQ, and Texas Railroad Commission. 4. Review surrounding properties to determine if their land usage or business practices could have contributed to a negative environmental impact to the Alignment. 5. Evaluation of surrounding areas for sensitive environmental receptors, i.e., drinking water wells, aquifers, schools, etc. 6. Site reconnaissance to evaluate topography and observe conditions on the Alignment that may suggest environmental impairment; such as drums with unknown contents, underground storage tanks, waste dump areas, stained areas, stressed vegetation, etc. Task 2 - ReDortin~ Upon completion of information gathering, TWEI will prepare a report stating the findings of the investigations. Included in the report will be conclusions and recommendations as to the evidence of or the potential for environmental impainnent of the Alignment at the time of the investigation. We will provide supporting documentation, such as photographs, enviromnental database reports, etc., in appendices. This task also includes project management, including routine communication with Snowden Engineering and quality assurance review of staff and subcontractor activities. Mr.lames Snowden, P.E. luly 17,2007 TWEI Proposal No. P07-E045 Page 3 Schedule We can begin work on this project the day following written authorization to proceed and complete the work within four to five weeks of beginning the work. This schedule assumes the following: 1. Standard turn aronnd for database packages (5-7 working days). 2. No delays to fieldwork caused by Acts of God, third-party intervention, or other incidents beyond TWEI's control. 3. Snowden Engineering personnel provide required documents and authorizations in a timely fashion, typically within one-two days of requests from TWEI. 4. Does not include alterations to the schedule for contingency work, which may require a different schedule, depending on the scope of work. 5. Does not include communications with Snowden Engineering, regulatory agencies, or third parties involving protracted negotiations or regulatory compliance initiatives. Routine project update, planning, and findings meetings with Snowden Engineering personnel are included. 6. Includes provisions for draft report and one revision based on written Snowden Engineering comments to the draft report 7. Includes four copies of the final report and a .PDF copy ofthe final report on CD. Authorization to proceed can be given by executing the Proposal Acceptance signature block below and returning to TWEI by fax at (713) 722-0319. Proposed Project Budl!et Phase I Fee Estimate TWE proposes to successfully complete the tasks specified in the Scope of Work for a Lump Sum cost of $3.000.00. Contract Limitations This proposal, including the Scope of Work and schedule, is contingent upon the following assumptions: . TWEI will have necessary access to the Alignment. . TWE will be provided available site plans, previously completed environmental assessment reports, or other pertinent information regarding the Alignment. . Environmental sampling will not be performed as a part of the Phase I ESA project. . An asbestos inspection, a lead-based paint survey, a detailed wetlands delineation, fault study, or endangered species investigation have not been included in the scope of work. These services can be provided if necessary; however, a corresponding fee adjustment would be required. Mr. James Snowden, P.E. July 17,2007 TWEI Proposal No. P07-E045 Page 4 . A corresponding fee adjustment of$155.00 per easement or acquired tract will be required if multiple historic chain oftitle searches are required. Closin~ Remarks If you have any questions or need additional information, please contact me at (713) 722-7064 or bye-mail atswest@tweinc.com. We look forward to providing our services to you and the successful completion of this project on time and within budget. Sincerely, TOLUNAY-WONG ENGINEERS, INC. };~ lJ.eJ' (KK.t>.) Shane West Environmental Services Division ~--f 0, (.,.t (l) ~.4) Paul R. Wild Vice President Environmental Services Division TWEI PROPOSAL NUMBER: P07-E045 PROPOSAL ACCEPTANCE BLOCK: Snowden Engineering, Inc. Authorized Representative: Printed Name: Date: _00 t') -. ~ = - II :. "".. NUl QC':- ~lM QC =: -. - - ~ ~ ael ~ = Q. =: o = lifJ ~ lifJ -. ..,. ~ ~~-~...N'. ' ,/ -.\-f: nj ~~. r--- /. l.c.~,.. ""\ ~~~P' ~)