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R2007-148 2007-09-24 RESOLUTION NO. R2007-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE TOWN DITCH DRAINAGE 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 Town Ditch Drainage 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 Town Ditch Drainage Project. PASSED, APPROVED and ADOPTED thi~: oU:er, A.D., 2007. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: c8~ If. Ck- DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2007-148 07 -0067 DR2004 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on 5EPrc-/1J ~e~ ..:2se' , 2007 by and between the City of P earl and ("CITY") and Carter Burgess ("CONSULTANT"). The CITY engages the CONSULTANT to perform Design services for the Town Ditch Phase III Project between Highway 35 and Orange Street. (Project #DR2004). SECTION I - SERVICES OF THE CONSULTANT The CONSULT ANT 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 design and construction services on the Town Ditch Phase III project. See Exhibit A-I, 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 CONSULT ANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors 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 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 CONSULT ANT 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. -2- 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 CONSULT ANT 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 OL-bb~ (" J..CY;:J~ SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is a Lump Sum contract. Total compensation for the services performed shall be the sum of $345,000.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULT ANT 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 CONSULTANT 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 CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULT 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 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 CONSULT ANT personally or by certified mail at 55 Waugh Drive, Suite 800, Houston, Texas 77219-1487. Immediately after receiving such written notice, the CONSULT ANT shall discontinue providing the services under this CONTRACT. -3- 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 CONSULT ANT 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 CONSULT ANT shall be paid for services perfonned prior to receipt of the written notice of ternlination. 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 CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULT ANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULT ANT 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 CONSULT ANT 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. -4- 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 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. The parties have executed this CONTRACT this 24th day of September ,2007. ~ '- CI Y OF EARLAND, TEXAS Bill Eisen, City Manager 9/24/07 -5- September 6,2007 55 Waugh Drive Suite 800 Houston, TX 77007-5833 Phone: 713.869.7900 Fax: 713.869.5502 www.c-b.cam Carter::Burgess Skipper Jones Project Manger Projects Department City of Pearland 3519 liberty Drive Pearland, TX 77581 RE: Proposal for Design Services - Design of Town Ditch Between Highway 35 and Orange S1. Dear Mr. Jones: We are pleased to submit our proposal for Professional Engineer Services for the Design of Town Ditch Between Highway 35 and Orange St. The attached proposal details the scope of work, basic and additional services, all sub- consultant proposals, and a project schedule. A total of $345.000 will be required for all services, in accordance with the attached proposal. We look forward to working with you on this project. If you have any questions or comments, please contact myself or Stephen Swindell. Sincerely, CARTER & BURGESS, INC. ,~:?1c/L-rcf- Wendell L. BaGs, pIE Vice President Attachments: Contract for Design and Construction Phase Engineering Services, Sub-Consultant Proposals cc: EDMS Carter & Burgess, Inc. Carter & Burgess Consultants, Inc. C&B Architects/Engineers, Inc. C&B Architects/Engin~ers, P.C. C&8 Nevada, Inc. Contract for Design and Construction Phase Engineering Services For the Town Ditch Expansion Between Highway 35 and Orange St A. DEFINITION OF PROJECT The City of Pearland is proposing improvements to Town Ditch to provide flooding relief to existing buildings and allow for future development. The anticipated improvements include excavation of approximately 3,600 feet of new channel west of Highway 35. New box culverts will be required at the BNSF Railroad, the "pipeyard", and near Highway 35. The proposed ditch section will be largely unlined, with a bottom width of 12 feet with 4: 1 side slopes. The depth of the new ditch will be approximately 11 feet. The top width of the ditch improvements will range up to 1 00 feet and the right-of-way could range up to 140 feet in width. The estimated construction cost of this project is $4,957,000. The City of Pearland does not currently have any right-of-way for Town Ditch. The PER reviewed several possible alignments, with the final project selection being a hybrid of two options: Option 1 a and Option 4. Carter & Burgess, Inc. completed the Preliminary Engineering Report (PER) for this project in February 2007. While the goal of the PER was largely overall project feasibility and cost estimation, hydraulic analyses and the required engineering were also performed. Therefore, the services described in this proposal reflect this initial effort and the associated costs, and contain a corresponding credit of the PER effort. B. SCOPE OF SERVICES a. Design Phase Basic Services The final design effort will be to combine these two alternative routes to include the route of Option 1 a with the drainage structures of Option 4. This combination incorporates the private development of the tract on Mykawa, with two or three box culvert sections in the pipeyard, and bore-and-jack culverts under the BNSF railroad. The major components of the design shall include the following: · Additional survey, as required by the selected alignment Option · Soil sampling and testing at the "pipeyard", as recommended in the PER · Earthen channel sections between the Orange and Mykawa intersection and Highway 35. Design to show existing and proposed cross-sections and contours. · Three (3) box culvert crossings and associated headwalls in the "pipeyard". Changes made prior to the 60% design submission, to the number or length of the box culverts in this section, shall not impact the design fee. · Box culvert crossing at the BNSF Railroad, including permitting · Box culvert section up to Highway 35, including coordination with ongoing TxDOT project in that area . SWPPP At the request of the City of Pearland, not included in this design package is the box culvert crossing of the Orange and Mykawa intersection. This structure is being designed by another engineering firm as part of the Orange St widening project. Coordination with this firm will ensure matching flowlines and alignments, time for which is included in the effort estimate. Page 1 of 5 Contract for Design and Construction Phase Engineering Services For the Town Ditch Expansion Between Highway 35 and Orange St b. Bidding I Construction Administration Services The bidding and construction phase services shall include the following items: . Reproduction and delivery of plans and specifications to the City of Pearland design houses . Reproduction and distribution of plans and specifications to contractors . Conduct one pre-bid meeting at either Carter & Burgess offices or at a location within the City of Pearland . Issue addendums as required based on interpretations of the plans and specifications. . Attend one bid opening to be conducted at City Hall . Review of bids submitted, creation of a bid tabulation and Engineer's recommendation for award including background check of the low bidder. . Conduct one pre-construction meeting at either Carter & Burgess offices or at a location within the City of Pearland . Review of shop drawings, submittals & RFls. . Coordination with CM on progress payments . Provide interpretive guidance to Contractor or CM during construction · Review of proposed change orders requested by either the City or the Contractor. (Note: The negotiation of change order amount and the preparation of change orders shall be completed by the City's Construction Manager) · Periodic site visits by the Engineer to attend progress meetings approximately every other week . Review of laboratory testing reports · Substantial completion inspection . Final completion inspection · Issue certificate of final completion Any item not specifically listed above shall be considered an additional service. C. DELlVERABLES The Engineer shall prepare review submittals and conduct plan review meetings at the City of Pearland for the 30%, 60% and 90% designs. For each submittal the Engineer shall provide the City with up to five (5) full size sets of plans and specifications (if applicable). At the completion of design the Engineer shall provide up to 15 sets of plans and specifications to the City for distribution. D. BASIS OF COMPENSATION a. Basic Services The basic engineering design and construction administration fee is on a lump sum basis. The design will be a continuation of the preliminary design work and assumptions generated by the PER, and the Basic design fee includes a credit for these preliminary design services. Page 2 of 5 Page 3 of 5 Contract for Design and Construction Phase Engineering Services For the Town Ditch Expansion Between Highway 35 and Orange St Also included is coordination with GC Engineering regarding their design of Orange Street widening, which includes new box culverts at the Orange and Mykawa intersection. This fee can be adjusted up if additional scope of work is added to the project or down if items are removed from the scope of services prior to the design work being completed on those individual items. An estimate for effort on this task is attached. Basic Design I Bidding I CA Fee: $297,000 b. Additional Services Each additional service is discussed below, with corresponding sub-consultant proposals attached. All additional services listed here shall be billed on an actual cost basis. Survey Additional survey is required in two areas, the open field north of Orange Street and the Highway 35 crossing. The alignment of the option selected contains a section in the open field north of Orange Street that was not covered in the original survey supplied by the City of Pearland. Additionally, utilities in the area of the Highway 35 crossing were not covered in the original survey. This survey effort will also produce a total project parcel map showing existing rights-of-way, proposed right-of-way, and property acquisition exhibits. Additional survey information from the Orange St. widening will also be incorporated. Please refer to the attached sub-consultant proposal from C.L. Davis & Company for a detailed description of the survey services provided. Survey Cost: $22,000 Soil Testing The Environmental Site Assessment performed during the PER phase identified areas of the pipeyard which might contain contaminants. Limited soil sampling in the affected areas was recommended, and is included in this proposal. This initial sampling and testing effort will consist of field screening and four (4) soil borings, with a report documenting the field procedures and interpreting the findings. Testing could identify contaminants contained in the soil, which would then require further investigations. Recommendations for further study, if warranted, will be included in the report. It must be noted that any subsequent testing effort Contract for Design and Construction Phase Engineering Services For the Town Ditch Expansion Between Highway 35 and Orange St is not included in this proposal; however, a preliminary estimate for this testing is $11,000. Please refer to the attached sub-consultant proposal from Fugro Consultants for a detailed description of the soil testing services provided. Soil Testing Cost: $10,000 Traffic control Traffic Controls shall be necessary in the areas of Orange and Mykawa, and the Highway 35 crossing. Please refer to the attached sub-consultant proposal for a detailed description of the services provided. Please refer to the attached sub-consultant proposal from AlA Engineers for a detailed description of the soil testing services provided. Traffic Control Cost: $6,500 c. Reimbursable Expenses Reimbursable expenses shall be billed on an actual cost plus 10% basis. Mileage expenses shall be based on the standard IRS allowable rate. 30 sets of plans & specs to the City @ $200 +/- each 10 sets of plans & specs for QAlQC & constructiblity reviews 2500 miles (design and construction phase) Postage & courier $6,000 $2,000 $1,000 $500 $9,500 Reimbursable Expense Cost: d. Total Fee The total design fee including all services mentioned above is $345,000. The percentage of construction breaks down as follows: . Basic Services 5.0% . CA 1.0% . Additional Services 0.9% Total Fee $345,000 E. SCHEDULE Page 4 of 5 The proposed schedule is attached, and is based on a October 1, 2007 Notice to Proceed. Contract for Design and Construction Phase Engineering Services For the Town Ditch Expansion Between Highway 35 and Orange St Effort Estimate Dept. Sr. Engr. Lead Senior Sec. Total Total Mngr. Engr. II Designer Designer Hrs Cost Raw Rate $79.61 $41. 83 $33.65 $35.31 $35.00 $21.67 Multiplier 3 3 3 3 3 3 Billing Rate $238.83 $125.49 $100.95 $105.93 $105.00 $65.00 Project Management 40 40 80 $14,600 Meetings 20 20 20 60 $9,300 Design Drawings 10 275 400 200 1000 1885 $203,500 Tech Specs & Contract Docs 12 80 40 132 $12,200 Cost Estimates 12 40 52 $5,500 Printing 20 20 $2,000 Design Total 70 359 560 200 1000 40 $247,100 Construction Phase Services 8 100 300 80 488 $49,900 Total 78 459 860 200 1000 120 $297,000 IIG} c. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood, Texas 77546 281.482.9490 FAX 281.482.1294 cldavis(a)cldaviscompany.com August 29, 2007 Mr. Stephen E. Swindell, P.E. Carter & Burgess, Inc. 55 Waugh Drive, Suite 800 Houston, Texas 77007 Re: City of Pcarland - Town Ditch Extension to Mykawa Road Proposal No. 2007-122 Ref: C. L. Davis Job No. 11-421-104 Dear Mr. Swindell: Our proposal for land surveying services for the above referenced project is as follows: 1. Extend Topographic Survey north on Mykawa Road (approximately 600')...................... $3,200.00 2. Extend Topographic Survey south approximately 600' on area between the east right-of-way line of Mykawa Road and the east line of Lot 19 (A vant T ra c t) ....................................................................................................................... ........ ...... $3,800. 00 3. Preparation often (10) Route Surveys for extension of Town Ditch (Fee includes Metes and Bound's description, drawing and monumentation of tra cts)................................................................................................................................... $15, 000. 00 Total A mount of Proposal...... ................ ....................... ............. ..... .......... ..... ............ ..... .......... $22,000.00 The following items will be invoiced at cost: Reproductions Submittal fee(s) to governmental agencies Delivery service Electronic Mail Abstracting :5urve1Jin~ t~ 9re~t :5t~te (Jfrex~5 for,.GO 1Je~r5 2007-122 ColP - Town Ditch Extension to Mykawa Road.doc Mr. Stephen E. Swindell, P.E. August 29,2007 Page 2 Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly basis as described below: Principal Registered Professional Land Surveyor (RPLS) Technical/CAD Three-man field crew Data Collector Clerical $150.00 $100.00 $90.00 $110.00 $30.00 $55.00 All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services should be sent to the above address to the attention of Complaints Officer of the Board. Thank you for the opportunity to submit this proposal and we look forward to working with you. Sincerely, Approved & Accepted C. L. Davis, R.P.L.S. Mr. Stephen E. Swindell, P.E. Carter & Burgess, Inc. Date :5urve1Jin1 tf1-e 9re~t :5t~te ofre'X~s for L-O 1Je~rs 2007-122 CofP - Town Ditch Extension to Mykawa Road.doc FUGRO CONSULTANTS, INC. Proposal No. 0401-9950-2446 August 20. 2007 Carter & Burgess. Inc. 55 Waugh Drive, Suite 800 Houston, Texas 77007 Attention: Mr. Stephen Swindell, P.E. 6100 Hillcroft (77081) P.O. Box 740010 Houston, Texas 77274 Tel: 713-369-5500 Fax: 713-369-5424 PROPOSAL FOR PRELIMINARY SOIL QUALITY EVALUATION TOWN DITCH IMPROVEMENTS PEARLAND,TEXAS Introduction We appreciate this opportunity to submit our proposal to conduct a preliminary soil quality evaluation for the proposed Town Ditch Improvements located in Pearland, Texas. Background A Phase 1 environmental site assessment (ESA) of the proposed Town Ditch Improvements was previously conducted in 2006 (ref. Fugro Report No. 0415-1593, dated October 30, 2006). The findings of the ESA disclosed recognized environmental conditions associated with a portion of the proposed ditch alignment that crosses an active pipe storage yard where surface evidence of fuel spillage and distressed vegetation were documented. Recommendations were provided to conduct sampling and testing to confirm the presence or absence of contaminants. Scope of Study The objective of the proposed preliminary soil quality evaluation is to explore the area of the fuel spillage and distressed vegetation for subsurface soil contaminants that would indicate possible impacts to the proposed ditch alignment. To accomplish this objective, we propose to conduct the following tasks (these tasks will be subcontracted). 1. Drilling and sampling four soil borings to a depth of 12 ft. Two of the soil borings will be located in the area of the fuel spillage and two soil borings will be located in the area of distressed vegetation. The boreholes will be backfill with soil cuttings and capped with bentonite chips when completed. 2. Conducting field screening of the recovered soil samples by using a photoionization detector (PID) to check for organic vapor concentrations. 3. Analyzing two soil samples from each of the two soil borings located near the fuel spill,age area for the following constituents: Test Method BTEX/MTBE EPA Method 8260B RCRA Metals (8) TPH EPA Method 6010/7471 TX Method 1 005 PAH (1 sample) EPA Method 8270 A member of the Fugro group of companies with offices throughout the world. Mr. Stephen Swindell, P.E. Carter & Burgess, Inc. August 20, 2007 Page 2 4. Analyzing two soil samples from each of the two soil borings located near the distressed vegetation area for the following constituents: Test Method vac EPA Method 8260B RCRA Metals (8) EPA Method 6010/7471 herbicides EPA Method 8151A TPH TX Method 1005 PAH (1 sample) EPA Method 8270 5. Preparing a written report that will document the field sampling procedures and will summarize the analytical test results. The report will also provide interpretations of the findings and recommendations for further study, if warranted. Project Budget and Assumptions The lump sum cost to perform the preliminary soil quality evaluation, as described herein, is $10,000. This budget is based upon the following assumptions. 1. Client will secure permission for site access from the current pipe yard owner. 2. Client will provide staking to identify the ditch boundaries at the pipe yard. 3. The soil borings will be located at cleared and accessible locations. 4. The analytical testing will be conducted on a standard 5-day turnaround. 5. Assessment of shallow groundwater quality is not included, and could be addressed separately if soil cont<;1minants are disclosed. 6. Assessment of regulatory compliance and special handling and disposal requirements is not included. and could be addressed separately if impacts are disclosed. 7. Evaluation of the on-site, closed leaking petroleum storage tank is not included. Limitations Please note the scope of the proposed study is limited to provide a preliminary evaluation of general soil quality conditions only and is based on relatively limited exploration and testing. Additional sampling and testing would be necessary to delineate and quantify areas of impacted soils, if soil contaminants are disclosed. Groundwater sampling and testing may also be necessary, if soil contaminants are disclosed. Mr. Stephen Swindell, P.E. Carter & Burgess, Inc. August 20, 2007 Page 3 Proposal Acceptance Services will be performed in accordance with the attached General Conditions for Technical Services (Schedule 40.01, Rev. Jan 07). To accept our proposal and authorize our services, please sign below where indicated, and return a copy to our office. * * Please call me at 713-369-5520 if you have any questions or require additional information regarding our proposal. We look forward to working with you on this project. Sincerely, FUGRO CONSULTANTS, INC. ~ /!-.. ~ William R. Tobin, P.E. Metro Group Manager Authorized By: Carter & Burgess, Inc. Name: Date: Attachment Schedule 40.01 (Rev. Jan 07), General Conditions for Technical Services ~I~ AlA ENGINEERS, LTD. CONSULTANTS 15310 Park Row Houston, Texas 77084 Telephone (281) 493-4140 Fax (281) 493-2211 E-Mail:admin@aiainc.com August 13, 2008 Stephen Swindell, P.E. Carter & Burgess, Inc. 55 Waugh Drive Houston, Texas 77007-5833 RE: City of Pearl and Town Ditch Improvements - Traffic Control Plan Dear Mr. Swindell We thank you for considering us to provide traffic control plans for the above referenced project. We are pleased to submit our proposal for providing Professional Engineering Services required to complete these tasks. We propose a lump sum of $6204.00 for completing the traffic control plans for this project plus direct costs. The breakdown of the total cost for providing the required engineering and design services for this project is shown in the attached spreadsheet. Work will include turning in one submittal and standard typical Traffic Control and details only. We look forward to working with you and the City of Pearland on this project. If you have any questions, please feel free to call our office at 281-493-4140. Thank you, /j It'.--fl 1ti;Lr---/ ~[lM '--<"'V 'IJ Z'{ a ~chwartz,' P .I;, ., il . A ENGINEERS. L rD. Enclosures: Fee Estimate X:\PROPOSAlSICosl ProposalslCarterBurgesslltr 001 cost prop Pearland OB 13 OB.doc AlA Engineers, Ltd. Fee Estimate Traffic Control Plans City of Pearland Town Ditch Improvements Traffic Control Plans TASK Number of Project Project Designer Drafter TOTAL Sheets Manager Engineer Traffic Control Layout and Notes 1 4 8 4 12 28 Typical Details - Shoulder Closer 1 4 8 4 12 28 Standard Details 1 0 0 0 4 0 Total Hours 3 8 16 8 28 56 Rate $55.00 $48.00 $27.00 $23.00 Overhead Multiplier 3.00 3.00 3.00 3.00 Adjusted Rate $165.00 $144.00 $81.00 $69.00 Subtotal $1,320.00 $2,304.00 $648.00 $1,932.00 $6,204.00 Direct Costs $300.00 (Travel, Printing, Delivery) TOTAL $ 6,504.00 cost proposal Pearland 08 13 08.xls 8/13/2007 iJ en a "Q. IC ;::;: (j) (J) (J) iJ '" IC co iJ a co' n. en c: 3 3 '" -< o m co ~ '" (l) 9: 3 ~' ~ ~ en (J) 0' '" (l) Q. '-l J I II i I ::E co 0. ~ lT1 o ...., en c: 3 3 '" -< (') )> ::0 --l m ::0 go OJ C ::0 (j) m en .en z o I ! I I l I I I ! j I I ! ~j' ~I ~ ~ ~ ~ ~ ~ ~I ~i. - - ~ ~ ....,1 ~ 0 ~ 00, ~ m ~ ~l w, Ni - 0,. j _L___,-_~__L_L_..__J-1-1_Lm ___.l._L.l. 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