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R2006-122 08-14-06RESOLUTION NO. R2006-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO VARIOUS CONTRACTS FOR PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION AND DESIGN MANAGEMENT SERVICES ASSOCIATED WITH A NEW PUBLIC SAFETY BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts, copies of which are attached hereto as Exhibits A, B, C, D, E, F, G, H, and I and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest contracts for preliminary engineering services associated with the anticipated 2007 Bond Election and Design Management Services associated with a new Public Safety Building. PASSED, APPROVED and ADOPTED this the 14th day of August, A.D., 2006. --=:::,%941) Le_2, TOM REID MAYOR ATTEST: APPROVED AS TO FORM: tY. DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2006-122 8114106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and PGAL (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide programming and design management services for the new Public Safety Building. Engineer/Subconsultant(s) Fee Basis of Compensation PGAL $374,000 NTE Maximum Contract Amount $374,000 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary— Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or 3 undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. 4 B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND By: Printed Name: Title: Bill Eisen City Manaqer STATE OF TEXAS ENGIIJEER By: Printed Name: 1)iA0 in S Title: pat i\ie r f' C - BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed GIVEN UDDER MY HAND AND SEAL OF OFFICE THISP9/1/L-6 AY OF , A.D., 2006. 00111111111111//0/0. Oo1 A R V'.../j, `JCI 0cS '<6oF TE'( STATE OF TE'�28nuimoo�°•• .. COUNTY OF Al L NOtARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: L Lc_ , � j--?cl My Commission Expires: 73 J/v BEFORE ME, the undersigned Notary Public, on this day personally appeared Kt Il + L /-1/n d% S , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS / / DAY OF /LL 11 ' , A.D., 20C(<) • 0011111111111118%��/////,/ saaid-•S�% Jo 0%. c, V� • u.) • iiimmainuntiboo 6 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: _ /r) My Commission Expires: `57 3/��p 2 August 2006 Mr. Mickiel G. Hodge Assistant City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Fee Proposal for A/E Services Programming and Design Management Services Dear Mickiel: PGAL 2006 FIRM YEAR AIA I1011STOfi After careful review of your project criteria, PGAL is pleased to submit this detailed scope of Project Services and Fee Proposal to provide Programming and Design Management Services for the City of Pearland's new Public Safety Building. The scope of services and fees required to perform these services are based on the information provided by the City. PROJECT UNDERSTANDING The City of Pearland has a growing population and is expected to increase from the current population of 74,000 to approximately 175,000 residents. The need for public services is expected to grow along with this increase in population. The new proposed Public Safety Building is expected to include a police station, jail cells, an EOC, bill paying and permit annex, fire marshal and municipal court facilities. PGAL completed the Long Range Facilities Master Plan for the City of Pearland in January 2005. Based on space needs identified at a population of 175,000 residents, the assumed departmental size of the proposed occupants of the proposed new Public Safety Building is as follows: Public Safety 48,897 SF Municipal Courts 7,553 SF Bill Paying and Permit Annex 3,000 SF Fire Marshal 10,276 SF Total 69,726 SF As part of this project, PGAL will develop the space program for the proposed new Public Safety Building. We will utilize the 2005 Facilities Master Plan as a starting point for the space program. We will review the space standards and assumptions utilized during the Master Plan and adjust as required for new and updated needs. 5555 San Ripe Suite 100D Find 7X 7766 IP] 713 622 1444 19 713 BEE 5333 os Anseles 1 Phoeni [U Da COCO -J 0 0 -(0 0 J O 0 0 0) 0 0 ro CC roU D co 0 a -0 CO X N Based on the approved space program, PGAL will develop scoping documents describing the project parameters for use in soliciting a Request For Qualifications (RFQ) from design build firms. The scoping documents will include a program, site plan, concept plans, outline specifications, project budget and schedule. We have assumed the project budget will be $16,068,000.00. The City is expected to solicit RFQs from design build firms to complete the design and construction of this facility. This is expected to be a two-step process in compliance with Senate Bill 510 of the Local Government Code. PGAL's role will be to assist the City in implementing the project. Specifically, Basic Services is expected to include the following tasks: TASK ONE - Fact Collection Interview key City staff Assemble statistics and planning facts from City staff interviews Verify existing staff and space utilization documentation from City Identify existing building usage Review City provided site survey of proposed site TASK TWO - Programming Develop space standards Develop space needs and staff projections required for the project Develop space adjacency requirements Develop blocking and stacking options Develop room data sheets Develop programming summary report Develop project budget and schedule TASK THREE - Site Analysis Obtain existing site survey Review geotechnical report Civil engineering review of site issues Review utility availability Prepare site analysis report Develop site use studies TASK FOUR — Scoping Documents Develop conceptual floor plans and block elevations Establish material/finishes palette Develop outline specifications Develop conceptual site plan TASK FIVE — Budget and Schedule Develop overall project budget Develop overall project schedule TASK SIX - Request for RFQ Development Review with City alternatives for contacting with Design/Build firm Assist City in development of RFQ TASK SEVEN— Proposal Evaluation Assist City in pre -submittal meeting Review received RFQs Prepare comparison analysis Review proposed contract Basic Services will include PGAL architectural and civil engineering personnel only. Other disciplines/consultants such as cost estimating, environmental engineering, geotechnical engineering and other specialty consultants can be made available as an Additional Service. Basic Services will conclude with the successful execution of a Phase One contract with a design build firm. The Phase One contract will establish the parameters for the Phase Two contract, which will include a GMP from the design build finn. Any requested services beyond the execution of the Phase One contract, will be addressed as an Additional Service as outlined below. Surveying services will be provided by the City under an existing Professional Services Contract. PGAL will review existing survey information and will identify if additional survey work is required for the RFP. We understand the City has an outdated Environmental Phase One report that will be made available to PGAL for review as part of Task Three. If additional environmental investigation is required, the City will handle this directly under a separate contract. COMPENSATION Basic Services: We propose to perform the Basic Services as outlined above for a Lump Sum of $197,000.00. This fee does not include any reimbursable expenses incurred on behalf of this project. This fee is broken down as follows: Task One: Task Two: Task Three: Task Four: Task Five: Task Six: Task Seven: Fact Collection Programming Site Analysis Scoping Documents Budget and Schedule RFQ Development Proposal Evaluation Basic Services Total Fee: $7,000.00 $60,000.00 $20,000.00 $55,000.00 $10,000.00 $25,000.00 $20,000.00 $197,000.00 Reimbursable Costs: We would expect to be reimbursed for any reasonable out-of-pocket expenses we incur on behalf of the project such as cost of reproduction, photography, color graphic work, plotting, special handling or delivery, travel and mileage. Reimbursable expenses will be billed at our cost, plus a 10% service charge. The reimbursable expense budget will not exceed the amount of $20,000.00, which includes the 10% service charge. Additional Services: If services other than those described as Basic Services are requested by the City, they will be billed in addition to the above compensation in accordance with the attached rate schedule. Additional Services shall only be performed subsequent to review and approval of estimated fees and written authorization from the City. TASK EIGHT - Design Reviews: We will provide up to five design reviews of documents provided by the design build firm and provide written comments identifying any concerns or deviations from the scoping documents. This service will be provided on an hourly basis in accordance with the attached rate schedule for a not to exceed amount of $50,000.00. TASK NINE — GMP Evaluation: We will provide review of GMP proposal from design build firm and provide written comments. This service will be provided on an hourly basis in accordance with the attached rate schedule for a not to exceed amount of $16,000.00. TASK TEN- On-call Services: We will provide on-call services for tasks to be determined by the City. These tasks may include some of the tasks listed below or others as determined by the City. This fee set aside for on-call services will be provided on an hourly basis in accordance with the attached rate schedule for a not to exceed amount of $14,000.00. On -Call Additional Services could include but are not limited to the following assignments: Management of Design Build contract Review design submittals in excess of those listed in Task Eight. Attend design review meetings Attend selected construction meetings Review construction progress Review pay applications Review substitution requests Review any proposed changes in scope Review any change order requests Review Design/Build prepared punch list Development of additional design studies Attendance at meetings beyond those included in Basic Services Geotechnical report Site Survey Environmental Investigation Research trips to review similar projects Specialty consultants COST ESTIMATING SERVICES: We will provide detailed cost estimating services for up to three cost estimates of work provided by the design build firm. We will obtain written proposals for each of the estimates for approval by the City. The fee for cost estimating services will be invoice cost plus a 10% mark up with a not to exceed amount of $77,000.00. PROJECT SCHEDULE We are prepared to deliver our services in accordance with your requirements. Based upon our understanding of the assignment and availability of City staff, we believe that we can be complete Basic Service Tasks One through Six within 120 days from the Notice To Proceed. The availability of City staff for interface with our team and approval of our work is important for us to complete the assignment in a timely manner. We will prepare a schedule identifying important dates for interface with the City. Thank you for the continued opportunity to serve the City of Pearland. We have personnel available to begin this project immediately. Please don't hesitate to call should you have any questions regarding this proposal. Sincerely, PGAL Jeffrey P. Gerber, AIA President & CEO PIERCE GOODWIN ALEXANDER & LINVILLE HOURLY SCHEDULE EXHIBIT A DISCIPLINE RATE DIRECTOR $160.00 PRINCIPAL 140.00 PROJECT MANAGER 130.00 SENIOR PROJECT ARCHITECT, DESIGNER, ENGINEER 120.00 PROJECT ARCHITECT, DESIGNER, ENGINEER 100.00 ARCHITECT, DESIGNER, ENGINEER 90.00 ASSISTANT ARCHITECT, DESIGNER, ENGINEER 75.00 SPACE PLANNER 65.00 ASSISTANT SPACE PLANNER 50.00 SENIOR ENGINEER 125.00 PROJECT ENGINEER 100.00 CONSTRUCTION ADMINISTRATOR 95.00 CONSTRUCTION INSPECTOR 75.00 ADMINISTRATION 60.00 RATES INCLUDE ALL MARKUPS FOR OVERHEAD, BURDEN, FEES, ETC., AND WILL REMAIN IN EFFECT UNTIL DECEMBER 2007. Exhibit "B" Resolution 2006-122 8/14106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES Lu This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Claunch & Miller, Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide architectural services for the schematic design and cost estimate for the McHard Road Project Engineer/Subconsultant(s) Fee Basis of Compensation Claunch & Miller, Inc. $144,600.00 NTE Maximum Contract Amount $144,600.00 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary — Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump surn per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, 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 Tess than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND ENGINEER By: By:4 E. aL_ G�� Printed Name: Bill Eisen Printed Name: r 1.1 * ost•eetier • CA -est' ~tl^ Title: City Manager STATE OF TEXAS 1 COUNTY OF ,0.7 U r Title: pre c1.e M.,k BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND , A.D., 2006. .Y. O; Q, pie . n • h• . 9rF J F tE�P 03-20\`'\\' STATE OF TEXAS COUNTY OF Ham.A..0 I041�DAY OF AND SEAL OF OFFICE THIS LZAL /27' NOARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: /C.012;1i p -4,1c My Commission Expires: 5-7V; o BEFORE ME, the undersigned Notary Public, on this day personally appeared ernZ1s70/.L g L . CLQ uh«t , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Ian DAY OF Av6vs7 , A.D., 20 0 KIM COPE BETTS MY COMMISSION EXPIRES April 9, 2010 NOTARY PUB IC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: y- 7- /0 July 27, 2006 Mr.Doug Kneupper, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581 CLAUNCH & MILLER, INC. Engineering Consultants Re: Proposal for Engineering Services Preliminary Engineering Report for McHard Road Country Place Boulevard to Cullen Road(FM 865) Dear Mr. Kneupper: Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for performing engineering services for the above referenced project. This proposal is based on our understanding of the project as per our previous conversations and meetings. This project includes Preliminary Engineering (PER) phase services for paving and drainage improvements to extend McHard Road from Country Place Boulevard to Cullen Road (FM 865). This proposal presents a general overview of the project for preparation of the preliminary report and provides the scope of services, schedule, and our proposed fee. GENERAL OVERVIEW McHard Road currently exists as a 4 lane boulevard section from S.H. 288 to Country Place Boulevard, and continues east approximately 0.5 miles as 2 lanes of a future 4 lane boulevard section. The City of Pearland desires to complete the additional 2 lanes from Country Place Blvd. to 0.5 miles east, and also to extend the full boulevard section from this point to Cullen Road for a total distance of 1.2 miles. The proposed roadway will be concrete curb and gutter with storm sewers. It is anticipated that storm water detention will be required to mitigate the impacts of increased runoff created by the new roadway. There is an existing Brazoria Drainage District 4(BDD#4) ditch near the west limits of the project that will require crossing with a bridge or multiple culverts. It is anticipated that the bridge structure would be similar to the existing bridge at County Road 94 located just upstream of this crossing. A new traffic signal will be installed at Country Place Boulevard and the existing signal at the east limits of the project at Cullen Road will be modified to accommodate the new roadway. The existing intersection at County Road 94 will also be considered for signalization during the PER phase. Page 1 of 4 4635 Southwest Freeway, Suite 1000 • Houston, Texas 77027-7169 • 713-622-9264 • Fax 713-622-9265 SCOPE OF SERVICES Part 1 — Basic Services A. Preliminary Engineering Services • Research and gather existing utility information for the project area. • Obtain plotted survey data from the City designated project surveyor and prepare preliminary roadway and drainage alignment plan view drawings. • Prepare base mapping of the project area. • Examine geotechnical information to determine potential soil conditions and potential impact on construction methodology and costs. • Obtain available record drawings from the City, County and BDD#4. • Coordinate with Texas Department of Transportation (TxDOT) regarding improvements at F.M. 865. • Perform the hydraulic impact analysis and determine the requirements for mitigation. Provide a recommended preliminary design and locations for detention storage provisions, if required. • Review existing hydraulic data for the BDD#4 ditch that the proposed roadway crosses near the west limits of the project. • Provide estimated construction costs. • Coordinate with the City of Pearland and apprise the City of CMI's findings and analysis, and obtain input from the City. • Prepare a preliminary engineering report which will include: o Synopsis of the preliminary engineering efforts. o Items which will affect the project cost and time during construction. o Information and coordination with other governmental and utility agencies, and data on required permitting. o Conclusions and recommendations for proceeding into the final design phase with estimated costs and schedule. o Preliminary roadway and drainage plans. • Provide (2) two draft copies of the report to the City for comments. Page 2 of 4 • Incorporate appropriate comments and corrections from the City's review. • Provide five(5) copies of the Final Preliminary Engineering Report to the City. Part 2 — Special Services A. Surveying Services • Surveying services are not included in this proposal. The City will provide the topographical survey for the project area. CMI will coordinate with the City and with the designated surveyor. B. Geotechnical Investigation Services • Field Exploration- 13 borings are anticipated to drilled to a combined depth of 195 feet along the alignment of the improvements to evaluate subsurface conditions. The borings will be drilled at approximate 500' spacing along the project route. • Laboratory Testing - Soil mechanics laboratory testing will be performed to measure physical and engineering properties of selected representative soil samples. • Geotechnical Report - The geotechnical report will provide pavement thickness design, lime stabilization recommendations, and soils information for use in the contractor's trench safety design. • CMI will utilize a subcontract geotechnical firm mutually agreeable to the City and CMI. C. Environmental Services • Conduct a Phase I Environmental Assessment for the proposed project route per the attached proposal from Berg -Oliver. Additional Services Additional Services shall only be performed when directed by the City to CMI. These services are not considered normal or customary engineering services. These include services resulting from significant changes in the extent of the Project or its design including but not limited to changes in scope, complexity, or character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond CMTs control. CMI will endeavor to apprise the City of any Page 3 of 4 potential additional or extended services which may result from the above listed items, prior to CMI's expenditure of time on such services. Any such extended or additional services shall only be performed when directed by the City in writing. FEE Basic Services Fees are: Preliminary Engineering: The time and expense amount not to exceed: $115,300 Special Services Fees are: Geotechnical Investigation Services (Subconsultant's Cost plus 10%) $ 14,800 Environmental Site Assessment (Subconsultant's Cost plus 10%) $ 14,500 Total Preliminary Engineering Phase Fee: $144,600 Claunch & Miller Inc. will submit monthly progress invoices for all engineering work completed to invoice date. Subcontractor expenses will be charged at the subcontractor's invoice plus 10%. Time and materials charges and additional services beyond those described in the Scope of Services will be invoiced on the basis of the attached rate schedule and direct cost plus 10%. No additional services will be performed or invoiced without prior authorization from the City of Pearland. Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and we look forward to continuing our work with the City of Pearland. Sincerely, CLAUNCH & MILLER, INC. CLA H & MILLER, INC ames E. Thompson, P.E. Christopher E. Claunch, P.E. Senior Project Director Page 4 of 4 President RATE SCHEDULE Employee Classification Officer Senior Project Manager 1 Senior Project Manager 2 Senior Engineer 1 Senior Engineer 2 Project Manager 1 Project Manager 2 Project Engineer 1 Project Engineer 2 Design Engineer 1 Design Engineer 2 Senior Designer Designer 1 Designer 2 Senior Cadd Operator Cadd Operator 1 Cadd Operator 2 Cadd Operator 3 Cadd Operator 4 Senior Administrative Clerical 1 Clerical 2 Clerical 3 Senior Site Representative Site Representative 1 Site Representative 2 Billing Rate $185.00 $150.00 $145.00 $145.00 $135.00 $145.00 $130.00 $135.00 $100.00 $95.00 $85.00 $140.00 $125.00 $80.00 $125.00 $110.00 $90.00 $80.00 $55.00 $140.00 $90.00 $75.00 $45.00 $110.00 $85.00 $60.00 Reimbursable Expenses will be charged at Cost Plus 10%. Mileage is $.45 per mile. Tient#: 17171 ACORDTM CERTIFICATE OF LIABILITY INSURANCEIDAE( DD'""") TYPE OF INSURANCE PRODUCER USI Southwest P.O. Box 218060 Houston, TX 77218-8060 281 496-3400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Claunch & Miller, Inc. 4635 Southwest Freeway, Suite 1000 Houston, TX 77027 INSURER A: Zurich American Insurance Company 16535 INSURER B: INSURER C: INSURER D: $ INSURER E: DAMAGE TO RENTED PREMISES (Ea occurrence) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADM INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PE� n LOC PRODUCTS - COMP/OP AGG $ 7 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Professional Liability E00508743401 09/16/05 09/16/06 $1,000,000 per claim $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: 2007 Bond Election Preliminary Engineering for the McHard Road Project Prof Liab: The aggregate limit is the total insurance available for claims presented within the policy period for all operations of insured. The (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Pearland Mr Doug Kneupper PE City Eng 3519 Liberty DR Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 3 #S228722/M201763 722 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S228722/M201763 DESCRIPTIONS (Continued from Page 1) limit will be reduced by payment of indemnity and expense. AMS 25.3 (2001108) 3 of 3 #S228722IM201763 ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID CLAUN—I DATE(MM/DDIYYYY) 08/21/06 TYPE OF INSURANCE PRODUCER ACEC/MARSH 701 Market St., Ste. 1100 St. Louis MO 63101 Phone: 800-338-1391 Fax :888-621-3173 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Claunch & Miller, Inc. Att:Chris Claunch 4635 Southwest Frwy Ste 1000 Houston TX 77017 INSURER A: Hartford Fire Insurance Co. GENERAL X INSURER B: Hartford Underwriter, Ina. Co. 84SBWLV4589 INSURER C: Hartford Accident G Indemnity 11/01/06 INSURER D: $ 1,000,000 INSURER E: $1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR LTR ADLTL INSRC TYPE OF INSURANCE POLICY NUMBER DATE (A EFFECTIVEI) PDATE (MM/DD/YY) LIMITS A GENERAL X UABILITY COMMERCIAL GENERAL LAB ILrfY 84SBWLV4589 11/01/05 11/01/06 EACH OCCURRENCE $ 1,000,000 PREMISEs(Eaocarenca) $1,000,000 CLAIMS MADE X OCCUR MED EXP (My one person) $ 10 000 PERSONAL & ADV INJURY $ 1 , 0 00 , 00 0 GEN'L GENERAL AGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $ 2, 000 , 00 0 7 POLICY Iii JC LOC. B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 84UEGRF3969 11/01/05 11/01/06 (Eaacic tsINGLELIMIT ) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 84SBWLV4589 11/01/05 11/01/06 EACH OCCURRENCE $3,000,000 $3,000,000 $ 3.j OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ $ $ L.: WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 84wBGPM0213 11/01/05 11/01/06 WC STATU- 01 /1- X TORY LIMITS ER E.LEACHACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $ 500 , 000 E.L DISEASE -POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL. PROVISIONS 2007 BOND ELECTION PRELIMINARY ENGINEERING FOR THE McHARD ROAD PROJECT CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED FOR COVERAGES EXCEPT W/C. TIFICATE HOLDER CANCELLATION CTYPEAR CITY OF PEARLAND DOUG KNEUPPER,P.E. CITY ENGINEER 3519 LIBERTY DRIVE PEARLAND TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REMIX5r� P ACORD 25 (2001/08) O ACORD CORPORATION 1988 August 23, 2006 Claunch & Miller, Inc. 4635 Southwest Freeway, Suite 1000 Houston, Tx., 77027-7169 Dear Mr. Thompson The City of Pearland has contracted with Claunch & Miller, Inc. for preliminary engineering services for the proposed McHard Road from Country Place Blvd. to Cullen. You should have already received your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number T20001. This project number, as well as purchase order number 062812, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, Robin Pitcock Office Coordinator 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us * Printed on Recycled Paper ID 1 0 Task Name 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Duration Start Finish Survey 3 wks Mon 8/21/06 Fri 9/8/06 Environmental Site Assessment 30 days Mon 8/21/06 Fri 9/29/06 Geotechnical 30 days Mon 8/21/06 Fri 9/29/06 Utility Research 6 wks Mon 8/21/06 Fri 9/29/06 [21 Roadway Design 7 wks Mon 9/11/06 Fri 10/27/06 0 Drainage Design 5 wks Mon 9/4/06 Fri 10/6/06 • Bridge Design 8 wks Mon 9/4/06 Fri 10/27/06 • Report Preperation 5 wks Mon 10/16/06 Fri 11/17/06 O Agency Coordination 3 wks Mon 10/2/06 Fri 10/20/06 A Monthy Progress Meeting 1 day Tue 9/19/06 Tue 9/19/06 Q Monthy Progress Meeting 1 day Tue 10/17/06 Tue 10/17/06 2 Monthy Progress Meeting 1 day Fri 11/17/06 Fri 11/17/06 • City of Pearland Review 1 wk Fri 11/17/06 Thu 11/23/06 • Final Corrections 1 wk Fri 11/24/06 Thu 11/30/06 Predecessors Resource Names Au 20 '06 S MIT�IV�T�F�S SIM T�V11�TlFIS SIM�TTIF 27 '06 Se 3 '06 Sep 10 '06 Sep 17,"'""06 Sep 24,"'"06 Oct 1, '06 Oct 8„�'0''6” Oct 15,� ""'0'6 Oct 22,t'''06 Oct 29,t'''0'6 Nov 5,'06 Nov 12,"''06 Nov 19,"''06 Nov 26, '06 S SIM1T,�IIVITIFFS SIMITINITIFIS SIMITINITIFIS SIMITWITIF IS SIMITWITIF IS SIMITIWITIFIS SIMIT MT1FJS SIMITIWITIFIS SIMIT�WITIFIS SIMITI'ITIFIS SIMITINITIFIs SIMITWITIF :,_::`'::::.:::::.::...::::......c:cc-Gci-i-ii-Gi-c-c-ic:::� 0 Project: McHard Road Extension Proje Date: Tue 8/22/06 Task j :::..:.....:.:::::. Progress Split Milestone • Summary Project Summary External Tasks L External Milestone Deadline Page 1 Exhibit "C" Resolution 2006-122 8114106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Carter & Burgess, Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide professional engineering design services related to the Hickory Slough -Max Road Detention Basin. Engineer/Subconsultant(s) Fee Basis of Compensation Carter & Burgess, Inc. $92,766.00 NTE Maximum Contract Amount $92,766.00 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary — Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND ENGINEE By: Printed Name: Bill Eisen Title: City Manager By: -- Printed Name: -r1 e/7 G •,CS ies Title: (c e fe 5icle STATE OF TEXAS § COUNTY OF 6211 2 § BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND , A.D., 2006. ""ollllllllllnioN''�0 ARY PUBLIC IN AND FOR THE p��N' .•.. p�rc��''°;; STATE OF TEXAS • �. 0\ Go ' 0 '� Printed Name: C �� - /5., �� IAN T, OF P = My Commission Expires:_ ��/O OS•:rPIRES..••'. , '"O3ryll�l0l `O`\\`\1``\\\\ STATE OF TEXAS '' § § COUNTY OF %C - 'LO - § BE ORE ME, ,the undersigned Notary Public, on this day personally appeared L , �Q/(liz/i,Anown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GI EN UNDER MY HAND AND SEAL OF OFFICE THIS /./i'— DAY OF � � G f' - , A.D., 20 .% AND SEAL OF OFFICE THIS % 0/1*- OF 6 NOT/ RY PUBLIC IN AND STATE OF TEXAS FOR THE /) �. ICS, c %< ta> 5/ / Printed Name: IL My Commission Expires: Carter:Burgess August 2, 2006 Douglas K. Kneupper, P.E. City Engineer City of Pearland 3523 Liberty Dr. Pearland, Texas 77581 Subject: Hickory Slough -Max Road Detention Basin Proposal for Design Services 55 Waugh Drive, Suite 800 Houston, Texas 77007-5833 Phone: 713.869.7900 Fax: 713.869.5502 www.c-b.com Dear Mr. Kneupper. We are pleased to submit this proposal to you for professional design services for the preliminary design of the Hickory Slough -Max Road Detention Basin for the City of Pearland. This proposal is for preliminary design of the detention facility including sizing the outlet structure to function properly in the 3-, 10- and 100 -year storm events in Hickory Slough. We will develop cost estimates that can be used to support your upcoming bond effort. Our proposed fee of $92,766 and our detailed scope and fee proposal are attached. Our effort does not include preliminary engineering drawings which will be developed as part of final design. If you have questions concerning our proposal, please do not hesitate to contact me at 713-803-2114 or my Project Manager, Michael Bagstad, at 713-803-2357. Sincerely, CAR R & BURGESS, INC_ Wendell L. Barnes, P. Vice President WLBIMJBIadw F:tCivlhPublic WorkstMarketinglH ickory Slough -Max Road Detention Basin Proposal.doc Carter & Burgess, k,c. Carter & burgess Architects/Engineers, Inc. Carter & Burgess Consultants, inc. C&8 Architects/Engineers, Inc. C&B Architects/Engineers, P.C. C&8 Nevada, inc. SCOPE OF SERVICES Scope of Services The City of Pearland (Client) has requested that Carter & Burgess, Inc. (Engineer) provide a contract for engineering services to prepare a preliminary engineering report for the Hickory Slough Detention Basin located at Hickory Slough and Max Road. 1. Management and Coordination This task includes meetings with the Client, coordination efforts, and overall management of the project. 2. Data Collection and Review A reasonable attempt will be made to obtain available reports, studies, maps, and other pertinent data on Hickory Slough at the project site. They will be reviewed and used as a resource in this study. The TSARP hydrologic and hydraulic models prepared by Dannenbaum will also be obtained. A limited site reconnaissance of existing channel will be performed to verify existing conditions and to assist in the hydrologic and hydraulic analyses and alternatives development. 3. Hydrologic and Hydraulic Modeling The existing hydrologic and hydraulic models for Hickory Slough will be run with the proposed detention basin improvements to size the spillway and outlet facilities appropriately. The hydraulic model of Hickory Slough will be used to develop tail water conditions in the slough. The tail water conditions along with the stage -storage rating curves of the detention pond will be used for the design of the 3-, 10- and 100 -year outlet structures. HEC -HMS will be used to balance inflow, stage and discharge. The size of the outlet structure will be varied until the optimum relationship is obtained. 4. Develop Cost Estimates Cost estimates will be developed for the detention basin and outlet structures. Cost estimates will be as detailed as the level of design information permits. A contingency suitable to the level of detail of the design will be added to ensure that funding based on the recommendations will be sufficient for construction. 5. Preliminary Engineering Report A draft Preliminary Engineering Report summarizing the methodology, results, and recommendations will be prepared. The report will include exhibits and supporting documentation. Five copies will be submitted to the City for review and comment. Upon concurrence, comments to the draft report will be incorporated and five copies of the final report will be submitted to the City. Carter & Burgess will assist in coordination meetings and presentation of the recommendations to City Council, if needed. 6. Additional Services Additional services will be obtained to guide the preliminary design efforts. They will also be used to eliminate as much uncertainty about the design as possible so that the cost estimates reflect accurately the cost of the project. Following are additional services that are included in this scope: • Topographic survey (provided by the City) City of Pearland Scope of Work Carter & Burgess, Inc. 1 of 3 July 2006 • Boundary and right-of-way survey (provided by the City) • Geotechnical investigation (attached) • Environmental Site Assessment Phase I (not included) • Wetlands Determination and Endangered Species Survey (attached) • Archeological Assessment (attached) Project Schedule A final PER will be submitted to the City on or before November 30, 2006. Proposed Fee The detailed breakdown for professional services is included in the attached fee estimate worksheet. The proposed fee for Basic Services is $59,612, for Additional Services is $33,154, and the total fee is $92,766. City of Pearland Scope of Work Carter & Burgess, Inc. 2 of 3 July 2006 City of Pearlanpeter on Hickory Slough Engineer $8,041.44 General Sco'of a� Work ings nti Mana9e� Review hydrologic and Data CollBction HY hydraulic Analyses Develop Cost Estimates Preliminary Engineering Report 30% Design Drawings Carter & Burges$ Totals Additional c SuNefor 83.71 acre site (provided by City) Boundary OW Sone' (Provided by City) goundar! & R Endangered Species Survey Wetlands Determination & $17,019.30 $1,435.00 $15,135.00 Additional Service (Geotechnical Investig ation Environmental ESA i ological Assessment Arche WOOS dark up rlCarter & Burg Sub Totals JuIv 2008 .. ,.. �� wv L J , r ruur u %.rI 1 FUGRO CONSULTANTS LP Proposal No. 0401-9950-21308 August 2, 2006 Carter & Burgess, Inc. 55 Waugh Drive. Suite 300 Houston, Texas 77077-5833 Attention: Mr. Michael Bagstad. P.E. PROPOSAL FOR GEOTECHNICAL STUDY HICKORY SLOUGH DETENTION POND BRAZORIA COUNTY, TEXAS 8100 Hpicroft (77081) P.O. Box 740010 Houston. TX 77274 TTI :713-369.5500 Fax :719-369-S424 Introduction We appreciate this opportunity to present our revised proposal to conduct a geotechnical study of the proposed Hickory Slough Detention Pond located in Brazoria County, Texas. In accordance with the Texas Professional Senses Procurement Act (Government Code — Chapter 2254), we understand that Pugro has been selected to enter into negotiations for this project This proposal will be void If competitive bid proposals are obtained Project Description The site is located southeast of the intersection of Hughes Ranch Road (County Road 403) and Stone Road North (County Road 561) in Brazaria County. Texas (Key Map location 614 J). The tract includes 63.710 acres and is presently undeveloped. Portions of the site are heavily vegetated with trees and understary growth. Details of the proposed detention pond are not evadable, although we understand the proposed depth is 6 ft. Geotechnical Requirements Geotechnical engineering requirements by the City of Peariand for the design of storm water detention ponds are provided r Section 8.1.2 of the Storm Drainage Design Crltena Manual. The Manual indicates a geotechnical investigation is required for detention ponds greater than 6 -ft deep and 2 acres in size. No other specific requirements are provided. Scope of Study The objective of the geotechnical study is to evaluate the subsurface conditions throughout the area of the proposed detention pond. To accomplish these objectives, the proposed scope of study includes the following tasks. 1. Conducting a site reconnaissance to assess the current site conditions. induding terrain, drainage, vegetation, condition of attjacent Hickory Slough, and topography. Site photographs will be obtained to document the existing site conditions. 2. Drilling 13 soil borings looted at nominal 400 -ft spacings. The soli borings will be drilled to a depth of 20 ft and used to explore the subsurface conditions and to obtain soil samples for testing. We have included provisions for limited site clearing to access some of the boring locations, due to dense site vegetation. 1. y A malfber of the Fetee preeP of companies with a16ces throughout *um world. tiuu-UL-Gnnb 1l'1 • Z ( rulxcu Mr. Whoa isei Bagedad. P.E. (goer & Burma. Ins. r /uggwt 2, 2006 Ma Pats 2 3. installing four standpipe piezometers to measure groundwater levels. 4. Conducting laboratory soil tests on selected soil samples to aid in soil classification and to evaluate pertinent soli properties. We have made provisions to conduct the following soils tests. • water content and visual classification • Atterberg limits (plasticity index) • unconfined compression (shear strength) • percent finer than No. 200 sieve (soil fines) • crumb test (dispersivity) The actual number of soils test conducted will depend on the soil conditions encountered. 5. Providing a geotechnical engineering report that will specifically include the following. • description of field exploration and laboratory testing • general site conditions, including site photographs • subsurface sod and groundwater conditions • engineering soil properties • foundation recommendations for an outlet structure • slope stability • erosion control options • suitability of soils for fill • general excavation guideines and groundwater control options Project Budget and Assumptions The lump sum cost to provide the services described herein is $13,700. This budget is based upon the following assumptions. 1. Client will secure permission for site access and limited site Bearing. 2. The soil boring locations will be located by approximate means. No provisions have been included for surveying the boring locations, as necessary. 3. Slope stability analyses will be limited to one design slope declivity. 4. Evaluation of geologic faulting is not included, but can be provided as an additional service for $2.500. 5. No aboveground levees are planned. 8. The detention pond will not serve as an amenity feature with a permanent pool and therefore seepage analysis and liner evaluation are not anticipated. Mr. lachael Bag tad. P.E, Qatar & Bue . Inc. August 2.2006 Page 3 Proposal Acceptance To accept our proposal and authorize our sues. please sign below where indicated, and return a copy to our office. Services will be performed in accordance with the attached General Conditions for Technical Services (Schedule 40.01, Rev. Apr 05). lir Please call me at 713-359-5520 if you have any questions or require additional information regarding our proposal. We look forward to working with you on this project Authorized 8y: Sincerely, FUGRO CONSULTANTS LP k 14. William R. Tobin, P.E. Metro Group Manager Carter & Burgess. Inc. Name: Date:. Aunt Schedule 40.01 (Rev. Apr 05), General Conditions for Technical Services PROPOSED 63.71 -ACRE TRACT IN BRAZORIA COUNTY, TEXAS SCOPE OF WORK AND COST ESTIMATE for WETLAND INVESTIGATIONS and THREATENED AND ENDANGERED SPECIES SURVEYS August 1, 2006 This scope of work is to conduct wetland determinations and delineations, if necessary, on a 63.71 acre tract of land currently being proposed for development as a detention basin in Pearland, Brazoria County, Texas. The objectives will be to determine the potential presence of wetlands and threatened and endangered species within the 63.71 acre tract by literature research and visual observation of the project site. Based on preliminary literature research conducted thus far, it appears that the project site is adjacent; therefore, any wetlands that may be present on the site would be subject to the U.S. Army Corps of Engineers jurisdiction. This scope of work and cost estimate reflects conducting a wetlands determination according to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Task 1: Gather Information and Data Carter & Burgess, Inc. will obtain the U.S. Geological Survey 7.5 minute topographic quadrangle map, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory Map, soil survey, local hydric soils list, floodplain maps and other published data concerning waters of the U.S., including wetlands, and threatened and endangered species. Task 2: Prepare for Wetlands Determinations Carter & Burgess will identify the proposed project site on these maps and whether or not any potential wetlands or other waters of the U.S. (e.g. creeks, streams, bayous, etc.) may exist on the site. Task 3: Prepare for Threatened and Endangered Species Surveys Carter & Burgess will utilize USFWS and Texas Parks and Wildlife Department (TPWD) threatened and endangered species lists and will coordinate with TPWD in regard to threatened and endangered species within the site vicinity and obtain any other appropriate information necessary to make a determination. Task 4: Conduct Wetland Determinations Carter & Burgess will perform wetland determinations within the project site using the current federally accepted procedures contained in the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual. This task will include completing all necessary Routine Wetland Determination Data Forms. This task will include identifying any other waters of the U.S. (e.g. creeks, streams, etc.), which would be subject to regulation under Section 404 of the Clean Water Act. This task will also include determining whether a wetland area is isolated verses adjacent to waters of the U.S. using the Memorandum from the USACE, Galveston District, dated February 13, 2001 regarding adjacent/isolated criteria. Three criteria will be evaluated when determining whether a wetland area is isolated or adjacent, including 1) proximity, 2) hydrological connections and 3) two -barrier rule. Due to the size of the site, three transects will be required according the to 1987 manual. Task 5: Conduct Wetland Delineations Carter & Burgess will then delineate the boundaries of any wetlands and the Ordinary High Water Mark (OHWM) of any creeks located within the site boundaries. Task 6: Conduct Threatened and Endangered Species Surveys Carter & Burgess will perform threatened and endangered species surveys. Any identification of threatened and endangered species and/or their habitat will be noted on the appropriate maps. Task 7: Conduct Wetland Surveying Carter & Burgess will then survey the delineated wetlands, sample points, and OHWM using a Global Positioning System (GPS) in accordance with the USACE Memorandum on Standard Operating Procedures; Recording Jurisdictional Delineations Using Global Positioning Systems dated October 22, 2003. 1 Task 8: Conduct Wetland Mapping After the wetland delineations, sample points, and OHWM have been surveyed, the delineations will be mapped using the digital survey data and the size of the wetlands will be determined. Task 9: Determine Type Permit(s) Required Carter & Burgess will determine the type(s) of USACE permit required for potential impacts to waters of the U.S., including wetlands, as part of Section 404 the federal Clean Water Act. Task 10: Prepare Draft Report Carter & Burgess will prepare a draft report documenting the wetland determinations, delineations, methodologies, threatened and endangered species surveys, results, and conclusions. All of the completed Routine Wetland Determination Data Forms will be appended to the report. The report will identify which permit(s)/certification would be required for the project under Sections 404 of the federal Clean Water Act and will include information to support that conclusion. The report will also identify if any further coordination with the USFWS or TPWD is required. Task 11: Complete Wetland Verification with USACE Carter & Burgess will accompany the USACE for one field visit to verify wetland determinations/delineations. Task 12: Adjust Wetland Delineations After the USACE has verified any wetland delineations, Carter & Burgess will adjust any needed wetland boundaries as a result of the USACE field meeting and survey any of the adjusted wetland boundaries using the GPS. Task 13: Adjust Wetland Mapping After the USACE has verified the wetland delineations, Carter & Burgess will then adjust the map per any changes resulting form Tasks 11 and 12. Task 14: Prepare Final Report Carter & Burgess will prepare the final report revising any changes to wetland determinations, delineations, results, and conclusions resulting from Task 11. All of the completed Routine Wetland Determination Data Forms will be appended to the report. The cost estimate for the wetlands investigations and threatened and endangered species surveys is $16,672.50. The total cost estimate, including direct expenses, is $17,019.30. This Scope of Services does not include the preparation of USACE Nationwide Permits, Individual Permits, or any mitigation designs or plans associated with Section 404 permitting, or Section 401 Water Quality Certification. This Scope of Services does not include any formal consultation with the USFWS for any threatened or endangered species. This Scope of Services does not include cutting a line of site in order to conduct the wetland determinations and assumes that sufficient transects will be cut when the City 's survey completes his topographic survey. Should any of these services be determined necessary, the Engineer will perform the associated work as an additional service. This Scope of Services is based on the boundaries being clearing identifiable prior to conducting any field work. 2 COST ESTIMATE FOR WETLAND INVESTIGATIONS AND THREATENED AND ENDANGERED SPECIES SURVEYS FOR THE PROPOSED 63.71 ACRE TRACT LOCATED IN BRAZORIA COUNTY, TEXAS August 1, 2006 Task Project Manager Env. Planner I Biologist CADD Operator Clerical Total Amount 1. Gather Information and Data 0 2 0 0 0 $195.00 2. Prepare for Wet. Determinations 0 4 0 0 0 $390.00 3. Prepare for T&E Surveys 0 2 0 0 0 $195.00 4. Conduct Wetland Determinations 0 24 16 0 8 $4,316.00 5. Conduct Wetland Delineation 0 8 8 0 0 $1,482.00 6. Conduct T&E Surveys 0 8 8 0 0 $1,482.00 7. Conduct Wetland Surveying 0 0 12 0 0 $1,053.00 8. Conduct Wetland Mapping 0 0 0 8 0 $598.00 9. Determine Permit(s) 0 2 0 0 0 $195.00 10. Prepare Draft Report 2 24 0 0 4 $2,977.00 11. Wetland Verification USACE 0 8 8 0 0 $1,482.00 12. Adjust Wetland Delineations 0 4 4 0 0 $741.00 13. Adjust Wetland Mapping 0 0 0 2 0 $149.50 14. Prepare Final Report 2 8 0 0 4 $1,417.00 Total Hours 4 94 56 10 16 Hourly Rate $54.00 $30.00 $27.00 $23.00 $22.00 Subtotal Labor $216.00 $2,820.00 $1,512.00 $230.00 $352.00 Overhead (3.25) $702.00 $9,165.00 $4,914.00 $747.50 $1,144.00 Total Labor $702.00 $9,165.00 $4,914.00 $747.50 $1,144.00 $16,672.50 Direct Expenses: Units Rate/Unit Mileage 160 $0.405 $64.80 Surveying -GPS Rental 1 $150.00 $150.00 Maps 3 $10.00 $30.00 Photocopy -Black & White 20 $0.10 $2.00 (8 1/2" x 11") Photocopy -Color (8 1/2" x 11") 20 $1.50 $30.00 TPWD review fee 1 $50.00 $50.00 Film -35 mm Color Prints, 24 exp. 1 $5.00 $5.00 Film Processing -4" x 6" 1 $15.00 $15.00 Total Direct Expenses $346.80 TOTAL COST $17,019.30 Budget Proposal for an Archeological Assessment Hickory Slough Detention Basin (MAC No. 06-74) August 1, 2006 Note: The following budget is prepared on a lump -sum basis. An invoice will be submitted upon completion of the assessment and delivery of the letter report. Payment is due within 30 days. Salaries: Project Archeologist, GIS Manager $650.00 Total Direct Labor Cost: $650.00 Other Direct Project Costs: $0.00 Total Proposed Budget: $650.00 The subject property will be reviewed with reference to the State of Texas archeological site (historic and prehistoric) files, FEMA floodplain maps, previous archeological investigations, soil classification, topography, geoarcheological potential models and possible tract disturbances. These data will be compared to an existing site location predictive model for prehistoric sites in inland Harris and surrounding counties. Based on this information a letter report will be produced discussing the archeological potential (historic and prehistoric) of the project area. Recommendations will be made as to whether the subject property requires additional fieldwork -based archeological investigations before construction begins. This letter report will be delivered to the client or their representative. If requested, we will also send copies of the assessment directly to the appropriate regulatory agencies (US Army Corps of Engineers, Texas Historical Commission, etc.) for their concurrence. August 21, 2006 Carter Burgess 55 Waugh Drive, Suite 800 Houston, Tx., 77007-5833 Dear Mr. Barnes The City of Pearland has contracted with Carter Burgess for preliminary design services for the proposed Hickory Slough Detention project.. I am including your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number DR2003. This project number, as well as purchase order number 062814, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, Robin Pitcock Office Coordinator 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us Printed on Recycled Paper Exhibit "D" Resolution 2006-122 8/14/06 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and LJA Engineering & Surveying, Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide professional engineering services related to the Veterans/Walnut Drainage analysis. Engineer/Subconsultant(s) Fee Basis of Compensation LJA Engineering & Surveying, Inc. $133,110.00 NTE Maximum Contract Amount $133,110.00 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary— Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND By: Printed Name: Title: Bill Eisen City Manager STATE OF TEXAS COUNTY OF ENGINEER Prin d Name: Title: Tau n yr"- / BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN giNDER MY HAND AND (_ , A.D., 2006. STATE OF TEXAS COUNTY OF § § SEAL OF OFFICE THIS / IN1') DAY OF at(14-- NOTARY PUBLIC IN AND FOR THE STATE OF TEXA Printed Name: Ktr7 /C My Commission Expires: 3)/ o BEFORE ME, the undersigned Notary Public, on this day personally appeared _ S . arc , / / , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed.114-1 GEN UNDER MY HAND AND SEAL OF OFFICE THIS / ' I , DAY OF ,�L11`1 ,A.D.,20 (96 . 6 e /- c L NOrtARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: it o h P fl L %� My Commission Expires: 573/io 114 LJA Engineering & Surveying, Inc. ENGINEERING SERVICES VETERANS/WALNUT DRAINAGE ANALYSIS UA Engineering and Surveying, Inc. (LJA) will perform professional engineering services related to Veterans/Walnut Drainage Analysis as generally described in this Scope of Services. The scope of work to be provided includes the preparation of drainage study for an area bounded as follows: north along Veterans from Mary's Creek to Walnut, west along Walnut to McLean, north along McLean to FM 518, north and east along FM 518 to railroad, south along the railroad to Mary's Creek, and west along Mary's Creek to Veterans. The Scope of Services for the Project is generally described as follows: BASIC SERVICES A. STUDY PHASE 0.0 Project Initiation • Attend initiation conference with the City regarding the Project. 1.0 Data Collection • Obtain previous studies and/or design investigations of the watershed; adjacent roadways — Highway 35 and FM 518; and Mary's Creek at Veterans Boulevard. • Obtain HEC -HMS and HEC -RAs models for Mary's Creek at Veterans outfall. • Compile existing LIDAR topographic maps, recent aerial photographs, and existing right-of-way information within the study area. • Compile existing channel alignment, roadside ditch alignments, and storm sewer information within the study area. • Compile existing utility information and pipeline data within the study area. LJA Engineering & Surveying Inc. Page 1 of 5 $ Perform field reconnaissance of existing drainage structures, existing channels, detention facilities, and potential available detention locations. $ Coordinate additional field surveying as necessary. 2.0 Hydrology $ Develop overall drainage area for the study area. $ Develop sub -drainage areas of the overall drainage area for the study area. $ Develop the one (1) percent (100 -year) exceedance probability event drainage area for Veterans Boulevard, Walnut Street, and residential area north of Walnut. Calculate the percent impervious cover/discharge coefficient. Calculate time of concentrations. Develop flow rates. Develop preliminary sizes for storm sewer collection system. $ Develop the thirty three (33) percent exceedance (3 -year) probability event drainage area for residential area north of Walnut Street. Calculate the percent impervious cover/discharge coefficient. Calculate time of concentrations. Develop flow rates. Develop preliminary sizes for storm sewer collection system (Austin Street) and roadside ditch/culvert system Johnston, Ray, Pearland, San Antonio, Washington, Texas, Sacramento, and Railroad. 3.0 Hydraulics $ Analyze alternatives to reduce frequency and severity of flooding in the adjoining neighborhoods. The intent is to provide one (1) percent (100 -year) exceedance probability event protection for Veterans Boulevard and Walnut Street and thirty three (33) percent exceedance (3 -year) probability event protection for residential area north of Walnut Street assuming free outfall into Mary's Creek. The residential area is also to be provided one (1) percent 100 -year) exceedance probability event protection (no structural flooding) during extreme events where flows LJA Engineering & Surveying Inc. Page 2 of 5 exceed the roadside/ditch capacity along the residential streets. Collect and input geometric data for hydraulic conveyance. Develop starting collection system flow line elevation and tailwater elevations (free outfall into Mary's Creek). Compile top of curb and pavement elevations Develop sizes for storm sewer collection system along Veteran Boulevard and within Walnut Street. Develop sizes for storm sewer collection system (Austin Street) and roadside ditch/culvert system Johnston, Ray, Pearland, San Antonio, Washington, Texas, Sacramento, and Railroad. Calculate hydraulic grade lines for Veterans Boulevard and Walnut Street for the one (1) percent (100 -year) exceedance probability event and residential area for the thirty three (33) percent exceedance (3 -year) probability event. 4.0 Drainage Profiles $ Provide system profiles for each storm sewer and roadside ditch/culvert system within the study area. $ Determine utility/ pipeline conflicts with proposed systems. 5.0 Project Costs $ Develop the estimated construction cost for each proposed storm sewer and each roadside ditch/culvert system within the study area. 6.0 Project Report $ Generate the project report including exhibits, cost estimates, utility/ pipeline conflicts and relocation requirements, easement and right-of-way compatibility, and other factors with potential impact upon the project and the project cost. Provide three (3) copies of the draft report for review and seven (7) copies of the final report to the City. LJA Engineering & Surveying Inc. Page 3 of 5 ADDITIONAL SERVICES A. General The following additional services are considered necessary to properly complete the Project and will be provided as part of this Contract. Additional services are limited to wetlands determination along the existing ditches along Veterans Boulevard and the west side of the railroad. Both ditches are potential routes for drainage improvements within the project service area. Surveys are to be performed by subcontractor directly to the City. No miscellaneous services are anticipated but if required performed on case by case basis. TIME OF PERFORMANCE The Engineer shall perform the professional engineering services in accordance with the following: Engineering Service Calendar Days Basic Services ■ Study Phase 90 COMPENSATION A. Basic Services Compensation for the professional engineering basic services provided as part of this Contract shall be made as follows: Services Basic Services B. Additional Services Basis of Compensation Total Amount Lump Sum $ 131,460.00 Compensation for additional services provided as part of this Contract shall be made as follows: LJA Engineering & Surveying Inc. Page 4of5 Services Basis of Total Compensation Compensation Amount • Additional Services (Not to Exceed) 1. Wetlands Determination Invoice plus 10% $ 1,650.00 Additional Services $ 1,650.00 Compensation for additional services, miscellaneous on case by case basis, shall be as follows: Engineer's cost shall be according to the Engineer's Rates for services performed by the Engineer. The Engineer's Rates are contained within the attached Schedule, "Hourly Billing Rates". C. Total Contract Amount The Total Contract amount for the project is $133,110.00 LJA Engineering & Surveying Inc. Page 5 of 5 lig ss #§ ;- 88888888 §§■■■■0 . 8888888888888 8 B§§E!## §§'; § .1-222— ; ; 88888 888888 2255# FK0 k- ; ,,,,_,,,,,,,d $ !I . _t....., v..00 . •-§ - - ._,,.$ 2i§ |s « !! s !§& !« aw00 ©'H SIE a = o,0 . s . mg..' s IV |2� -. -- © � -,©00,,�.._0,0 2 ,.-0T ,T.AA;§ alk ;.8 22§ -- !§# | 0.I t , t ! 1 A 2z. % ! iEA ; 1.0 Data Collection Perivous Studies and/ a design Investigations of the Watershed, all other pe tInent data with study area FM 518/State Highway 35 Plans Watersheds Drainage Area Map HEC -HMS and HEC -RAS models of Mary's Creek Compile LIDAR and aerial photographs, tasting ROW Information Compile existing Channelroadside ditch algrerronts and stone sewer Info Corpib Utility Information and pipeline data Perform field reconnaissance of edsting drainage characteristics within study area Cooridlnate Additional field surveying as necessary TOTAL 2.0 Hydrology - Define Existing Condition Develop Overall Contributing Drainage Area for Study Area Develop 100•year sub areas contributing to Veterans Boulevard, Walnut Street, and residential area CalcWte Percent Impedvous/Dlscharge Coef. Calculate the Time of ComontraUo s Develop 100 -Year flow rates (Rational Method) Pretmkary Size 100 -year Stone Sewer System for Walnut Preliminary Size 100 -year Storm Sewer System for Veterans Develop 3 -year sub areas for residential area north of Walnut Calculate Percent Irrperivoue/DIs :harge Cosf. Calculate Percent Inperivouslgechargs Coet. Calculate the Time of Contentradons Develop 3 -Year lbw rates (Rational Method) Pretminery Size 3 -year roadside ditches and culverts (includes Ray, Austin, Pearled, San Antonio, Washington, Tens Pear, Saoromento, RR ditch) TOTAL k 1| f ! Vk ite21r, |V | ail I ! 1 ,f| i!f ! 8 ' E71, i ,illia•!1.1 !|| !kala|!a 2. 4.$1Tiik lik14 !lf, llI,'f If$■»aim- On A NA �! ° �jo o�o I I I $ : H. r i A 0 i 1 7 m5 r 7.0 Additional Services Wetlands Datemdnetion TOTAL O O 1 si7allR A ! a s S 7 if&4 4 120" agx Pit Y R x li r3 mia a 5.0 Develop Prelimenery Coat Estimetes Develop the estimated Construction Cost For Each Proposed Storm Sewer and each roadside ditch within Study Area TOTAL 4.0 P rairdnary Profiles (EXHIBITS) wdnityR.oca0on Map Study Area Boundary Map Overall Drainage Arse Map Veteran's Sud•Dralnage Area Map Walnut West Sub -Drainage Area Map Walnut East Sub-Dminage Area Map Road Segments (P&P) Length (ft) 0 of Sheets Walnut Street 2500 3 Vetrane Street 3050 3 Ray 050 1 Austin 1200 1 Pearlend 1300 1 San MOonto 1350 1 Washington 1350 1 Texan 700 1 Pear 1200 1 Setmmerdo 700 1 Railroad Ditch 3090 2 14 TOTAL Description (Bang Ralas) m 8 Y 1. 8 ; ill 8i i M i 8 S t.....8.. • .1151 0 VI S, WOoOODom81mOAA WWWWWW "8.000000.`8'8 .....m :1;! �_ 0 SRI Se 8 ;A - 0 0 issa 5teassas 1 M $q A 8 .. - is 88 4 $O 88 O 8 vV W{p.YW..^.0 p+j+y +p 0060 �00EC000C aaaa•tam1a 888888888888 888888 MS! 0 LJA ENGINEERING & SURVEYING INC. BILLING RATE SCHEDULE Classification Unit Billing Rate Range Senior Project Manager VI Hour $160.00 - $175.00 Department Manager V Hour $145.00 - $160.00 Senior Engineer IV Hour $120.00 - $145.00 Engineer III Hour $100.00 - $125.00 Engineer II Hour $85.00 - $100.00 Engineer I Hour $70.00 - $85.00 Coordinator III Hour $115.00 - $145.00 Coordinator 11 Hour $95.00 - $125.00 Coordinator I Hour $85.00 - $105.00 Designer III Hour $85.00 - $105.00 Designer II Hour $75.00 - $105.00 Designer I Hour $55.00 - $85.00 CAD Technician III Hour $70.00 - $90.00 CAD Technician II Hour $55.00 - $75.00 CAD Technician I Hour $40.00 - $60.00 Senior Clerical Hour $80.00 - $100.00 Clerical III Hour $65.00 - $80.00 Clerical II Hour $50.00 - $65.00 Clerical I Hour $30.00 - $50.00 1 August 21, 2006 Mr. Charlie Beere, P.E. LJA Enginering & Surveying, Inc. 11821 East Freeway, Suite 400 Houston, TX 77029 Re: Walnut Area Drainage PER Notice to Proceed Dear Mr. Beere, Enclosed, please find one original copy of the executed contract for the Barry Rose Extension project. Please note that the Purchase Order Number for all engineering invoices under this contract is 062817; the Project Number for this work is DR2001 and the Account Number for this contract is 200-0000-565.01-02. Please reference these numbers on all future invoicing. In accordance with the terms and conditions set out in the contractfor the above referenced project and as directed by the City of Pearland, your Notice to proceed was issued August 15, 2006. According to the City's schedule and your Proposal, made a part of the Agreement, the work of this project shall be substantially complete within 90 calendar days from the date of Notice To Proceed. The work of this contract shall be substantially complete on or before November 13 , 2006. Payment shall be made in accordance with Article II of the attached Agreement and the above instructions. Please contact the City of Pearland Projects Department 24 hours prior to the start of any fieldwork that requires notification of property owners in the vicinity. Access to work within private property may require agreement with owners or other special provisions that you are responsible for. If you have any questions regarding this communication or the instructions it contains, please contact me at 281-652-1748 or siones@ci.pearland.tx.us. Sincerely, Skipper Jones Project Manager Projects Department City of Pearland Exhibit "E" Resolution 2006-122 8114106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Carter & Burgess, Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide professional engineering design services related to the Town Ditch - Hwy. 35 to W. Orange project Engineer/Subconsultant(s) Fee Basis of Compensation Carter & Burgess, Inc. $86,202.00 NTE Maximum Contract Amount $86,202.00 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary — Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND ENGINEER By: Printed Name: Bill Eisen Title: City Manager STATE OF TEXAS COUNTY OF § By: vve�t t G' Printed Name: Gdcn f 7/�. Arnes Title: gee /cs� ent BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. / GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , A.D., 2006. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS /I I �• Printed Name: ' I7i // /1/``'� f My Commission Expires: Si 3//0 aot%naua,muuriu �` 0081 N E, ////.'''�. 0SARV'•.,/C1 :y \/ �: �= +q TE ..• ;`''.2010 STATE OF TEXA %1/4/inmmn,,,,,0 . § COUNTY OF a(L § BEFORE ME, e undersigned Notary Public, on this day personally appeared nown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the G IV UNDER Y purposes and consideration therein expressed. HAND AND SEAL OF OFFICE THIS /i5VJ DAY OF , A.D., 20 ( 6 . 6 OTAAZY PUBLIC IN AND FOR THE STATE OF TEXAS 1,1 Printed Name: rj L� My Commission Expires: 57,3%/ o Carternikngess August 2, 2006 Douglas K. Kneupper, P.E. City Engineer City of Pearland 3523 Liberty Dr. Pearland, Texas 77581 Subject Town Ditch — Highway 35 to W. Orange Proposal for Design Services 55 Wough Drive, Suite 300 Houston. Texas 77047-5833 Phone- 713.869.7900 *ole 713.869.5502 vlNM'.C-Ca.L.OKs Dear Mr. Kneupper We are pleased to submit this proposal to you for professional design services for the preliminary design of the Town Ditch between Highway 35 and W. Orange for the City of Pearfand. This proposal is for preliminary design of the flood control channel including hydrology and hydraulics, cross sectional sizing, and alignment. We will develop cost estimates that can be used to support your upcoming bond effort. Our proposed fee of $86,202 and our detailed scope and fee proposal are attached. Our effort does not include preliminary engineering drawings which will be developed as part of final design. If you have questions concerning our proposal, please do not hesitate to contact me at 713-803-2114 or my Project Manager, Michael Bagstad, at 713-803-2357. Sincerely, CARTE, & BURGESS, INC. Wendell L. Barnes, P.E. Vice President WLB/MJB/adw F.tCivrttPublic Workss.MarketinglToum Ditch Proposal.doc Cortes & Eurg®y, inc. Cartes 6 Burgess Arcchiiecis,Engineers, Inc. Carter & aur -fess Corisu}4orts, inc. C&fi Architerss/Engineers, Ir c. C&8 Architec:cftngineers, P.C. C&L Nevado, Inc. SCOPE OF SERVICES Scope of Services The City of Pearland (Client) has requested that Carter & Burgess, Inc. (Engineer) provide a contract for engineering services to prepare a preliminary engineering report for Town Ditch between Highway 35 to Orange Street. 1. Management and Coordination This task includes meetings with the Client, coordination efforts, and overall management of the project. 2. Data Collection and Review A reasonable attempt will be made to obtain available reports, studies, models, maps, and other pertinent data on the existing channel systems. They will be reviewed and used as a resource in this study. Available TSARP hydrologic and hydraulics models will also be obtained. A limited site reconnaissance of existing channel will be performed to verify existing conditions and to assist in the hydrologic and hydraulic analyses and alternatives development. Mykawa redesign plans and other appropriate designs that could affect this project will be obtained. 3. Hydrologic and Hydraulic Model Updates The existing hydrologic and hydraulic models for Town Ditch will be updated to current standards including the following: • The existing models will be updated as appropriate with the TSARP information. • The ultimate development for the Town Ditch watershed will be reviewed and verified for the hydrologic model. • The design parameters for the proposed channel will be referenced to the most recent City of Pearland Drainage Design Manual. • The hydrologic model will be rerun for the 10, 50, and 100 -year frequency storms. • The resulting flows will be rerun in the hydraulic model to study alternative channel configurations. 4. Alternatives Analysis An alternatives analysis will be performed to size and evaluate the effectiveness of various channel improvement types. This analysis will consider such things as property acquisition, property access, channel alignments, channel configurations and channel lining options. 5. Develop Cost Estimates Cost estimates will be developed for all alternatives developed in the previous task. Cost estimates will be as detailed as the level of design information permits. A contingency suitable to the level of detail of the design will be added to ensure that funding based on the recommendations will be sufficient for construction. 6. Preliminary Engineering Report A draft Preliminary Engineering Report summarizing the methodology, results, and recommendations will be prepared. The report will include exhibits and supporting documentation. Five copies will be submitted to the City for review and comment. Upon concurrence, comments to the draft report will be incorporated and five copies of the final report City of Pearland Scope of Work Carter & Burgess, Inc. July 2006 will be submitted to the City. Carter & Burgess will assist in coordination meetings and presentation of the recommendations to City Council, if needed. 7. Additional Services Additional services will be obtained to guide the preliminary design efforts. They will also be used to eliminate as much uncertainty about the design as possible so that the cost estimates reflect accurately the cost of the project. Following are additional services that are included in this scope: • Topographic survey (provided by the City) • Boundary and right-of-way survey (provided by the City) • Geotechnical investigation (utilize existing report) • Environmental Site Assessment Phase I (attached) • Wetlands Determination and Endangered Species Survey (attached) • Archeological Assessment (attached) Survey estimates are based on a single alignment. It is anticipated that the aggressive schedule will not permit the survey of multiple alignments. Proiect Schedule A final PER will be submitted to the City on or before November 30, 2006. Proposed Fee The detailed breakdown for professional services is included in the attached fee estimate worksheet. The proposed fee for Basic Services is $76,717, for Additional Services is $9,485, and the total fee is $86,202. City of Pearland Scope of Work Carter & Burgess, Inc. 2 of 3 July 2006 City of Pea' j . HW 35 to prangs Town Ditch 3120 a re15c°" of Work ting Management and Mee Collection and Review � es Hydrologic a� Hydraulic Analyses Director Develop Cost Estimates ineedng Report Preliminary ED wings 30% Design Totals GH) .Het & Burgess ed by Topographic Services ' C+�00 feet of channel (provided e for 3, mels (Provided by City) TOPograf� Sure Y ted A Pa ROW Survey - estimated des gurveY & R laBoundary tianda Determinallon S Endangered SPe liltCarter S Bgrgess iotais III❑al Service - Subs utilizing existing report, no additional investigp�dditiohnical Investigation Geotechnical obtained Environmental ESA err Archeological rcheologic l Asgessment &2,706.00 City d Peafee ' Carter Burgess o13 July 2006 FUGRO CONSULTANTS LP Proposal No. 0401-9950-2128 July 19, 2006 Carter & Burgess, Inc. 55 Waugh Drive, Suite 300 Houston, Texas 77077-5833 Attention: Mr. Michael Bagstad, P.E. 6100 Hillcroft (77081) P.O. Box 740010 Houston, TX 77274 Tel :713-369-5500 Fax :713-369-5424 PROPOSAL FOR PHASE 1 ENVIRONMENTAL SITE ASSESSMENT TOWN DITCH IMPROVEMENTS PEARLAND, TEXAS Presented here is our proposal to conduct a Phase 1 environmental site assessment of the proposed Town Ditch Improvements located in Pearland, Texas. In accordance with the Texas Professional Services Procurement Act (Government Code - Chapter 2254), we understand that Fugro has been selected to enter into negotiations for this project. This proposal will be void if competitive bid proposals are obtained. Site Description The project alignment includes about 1,000 ft of existing Town Ditch located between North Main (Highway 35) and the Gulf Colorado & Santa Fe Railroad, and about 2,500 ft of new ditch west of the railroad and extending to West Orange in Pearland, Texas (Key Map location 615 J). The study area will be limited to the ditch right-of-way along the alignment (assumed to be 100 ft). Scope of Study The objective of the Phase 1 environmental site assessment is to identify recognized environmental conditions in connection with the site in general accordance with ASTM E 1527 (Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process). The environmental site assessment will include the following tasks. Records Review. The records review will include the following selected regulatory agency databases for documented sites located within proximity to the tract. Source Minimum Search Distance EPA: NPL List (Superfund) 1.0 mile CERCLIS List 0.5 mile CERCLIS No Further Remedial Action Planned List property and adjoining RCRA TDS Facilities (Non -Corrective Actions) 0.5 mile RCRA TDS Facilities (Corrective Actions) 1.0 mile RCRA Generators property and adjoining ERNS (Spills) List property TCEQ: Voluntary Cleanup Program 0.5 mile Texas Registry (State Superfund) 1.0 mile Landfills 0.5 mile A member of the Fugro group of companies with offices throughout the world. Mr. Michael Bagstad, P.E. Carter & Burgess, Inc. July 19, 2006 BRIM Page 2"°'st Source Minimum Search Distance Leaking Petroleum Storage Tanks 0.5 mile Petroleum Storage Tanks property and adjoining Spills property The records review will include an assessment of historical site conditions by reviewing historical aerial photographs and historical site ownership records. In addition, we will also check for documented oil and gas wells. Site Reconnaissance. The site reconnaissance will include a visual assessment of current site conditions at accessible areas to check for potentially hazardous substances and petroleum products. This information will include the following items, in accordance with ASTM E 1527. • current use of property • pools of liquid • current use of adjoining property • drums and containers • topography • PCBs • structures • pits, ponds, or lagoons • roads • stained sail or pavement • potable water supply • stressed vegetation • sewage disposal • solid waste • hazardous substances • wastewater • storage tanks • wells • odors • septic systems Report. The findings from our study will be documented in a written report. The report will document any recognized environmental conditions disclosed by the study, and will provide recommendations for a Phase 2 ESA study, if wan -anted. The following items will be specifically included in the report. • documented regulatory agency sites • current site conditions • physical setting • adjoining land use • historical site conditions • pipelines • oil and gas wells • recognized environmental conditions Project Fee and Assumptions The lump sum fee to provide the services as outlined herein is $2,400. This cost is based upon the following assumptions. 1. Client will secure permission for site access. 2. Environmental sampling and testing is not included. 3. No provisions have been included for preparing third -party reliance letters. Mr. Michael Bagstad, P.E. July 19, 2006 616140 Carter & Burgess, Inc. Page 3 4. In accordance with ASTM E 1527, the following tasks are excluded from the work scope: radon, Iead-based paint, Iead in drinking water, wetlands, asbestos, geologic faulting, endangered species, and archaeological sites. However, we can provide these as additional services, as necessary. 5. We have included provisions to issue a total of four report copies. 6. Review of historical site ownership records is limited to one parcel. Limitations The proposed work scope is intended to check for recognized environmental conditions which may indicate environmental risks. In the event that recognized environmental conditions are disclosed, then additional study may be necessary to confirm the presence or absence of environmental risks. Please note the report will be issued for the sole and exclusive use by Carter & Burgess, Inc. Proposal Acceptance To accept our proposal and authorize our services, please sign below where indicated, and retum a copy to our office. Services will be performed in accordance with the attached General Conditions for Technical Services (Schedule 40.01, Rev. Apr 05). r r r r 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. Authorized By: Carter & Burgess, Inc. Name: Date: Sincerely, FUGRO CONSULTANTS LP we/te).., R_ O� William R. Tobin, P.E. Metro Group Manager Attachment Schedule 40.01 (Rev. Apr 05), General Conditions for Technical Services PROPOSED 7.3 -ACRE TOWN DITCH IN BRAZORIA COUNTY, TEXAS SCOPE OF WORK AND COST ESTIMATE for WETLAND INVESTIGATIONS AND THREATENED AND ENDANGERED SPECIES SURVEYS August 1, 2006 This scope of work is to conduct a limited wetlands determination and threatened and endangered species survey on 7.3 acres of land currently being proposed for development as an extension to Town Ditch in Pearland, Brazoria County, Texas. The objectives will be to determine the potential presence of wetlands and threatened and endangered species within the 7.3 acre tract by literature research and visual observation of the project site. Based on preliminary literature research conducted thus far, it appears that the project site may be isolated, therefore, any wetlands that may be present on the site may also be isolated and therefore, non -jurisdictional. This scope of work and cost estimate reflects this approach. Task 1: Gather Information and Data Carter & Burgess, Inc. will obtain the U.S. Geological Survey (USGS) 7.5 -minute topographic quadrangle map, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) map, soil survey, local hydric soils list, floodplain maps and other published data concerning waters of the U.S., including wetlands, and threatened and endangered species. Task 2: Prepare for Limited Wetlands Determination Carter & Burgess will identify the proposed project site on these maps and whether or not any potential wetlands or other waters of the U.S. (e.g. creeks, streams, bayous, etc.) may exist on the site. Task 3: Prepare for Threatened and Endangered Species Surveys Carter & Burgess will utilize USFWS and Texas Parks and Wildlife Department (I PWD) threatened and endangered species lists and will coordinate with TPWD in regard to threatened and endangered species within the site vicinity and obtain any other appropriate information necessary to make a determination. Task 4: Conduct Limited Wetlands Determination Carter & Burgess will conduct a limited wetlands determination by preparing two Routine Wetland Determination Data Forms within the project site. Carter & Burgess will take photographs of the site to provide to the U. S. Army Corps of Engineers (USACE). Task 5: Conduct Threatened and Endangered Species Surveys Carter & Burgess will conduct threatened and endangered species surveys. Any identification of threatened and endangered species and/or their habitat will be noted on the appropriate maps. Task 6: Prepare Letter to USACE, including Coordination Carter & Burgess will then prepare a letter to the USACE requesting a wetlands determination, including a determination on whether or not the wetlands are considered isolated or adjacent to other waters of the U.S. The letter will include the two Routine Wetland Determination Data Forms, NWI map, floodplain map, USGS map, vicinity map and photographs. Carter & Burgess will respond to any questions or comments from the USACE regarding the request for a wetlands determination. Task 7: Complete Limited Wetland Verification with USACE Carter & Burgess will accompany the USACE for one field visit to verify the limited wetlands determination. The cost estimate for the limited wetlands determination and the threatened and endangered species survey is $5,583.50. The total cost estimate for this scope of work, inchiding direct expenses, is $5,780.30. It should be noted that the USACE is typically responding to determination requests within approximately four (4) months. The USACE may disagree with the determination that the area is isolated and request a full wetland determination/delineation, if necessary, on the site. This Scope of Services does not include preparing more than two Routine Wetland Determination Data Forms, wetland delineations, or permitting for Section 404 of the Clean Water Act. Should any of these services be determined necessary, Carter and Burgess will perforin the associated work as an additional service. COST ESTIMATE FOR A LIMITED WETLANDS DETERMINATION AND THREATENED & ENDANGERED SPECIES SURVEYS FOR THE 7.3 ACRE PROPOSED TOWN DITCH IN BRAZORIA COUNTY, TEXAS August 1, 2006 Task Project Manager Env. Planner I Biologist CADD Operator Clerical Total Amount 1. Gather Information and Data 0 2 0 0 0 $195.00 2. Prepare for Limited Wet. Det. 0 4 0 0 0 $390.00 3. Prepare for T&E Surveys 0 2 0 0 0 $195.00 4. Conduct Limited Wetland Det. 0 8 8 0 0 $1,482.00 5. Conduct T&E Surveys 0 4 4 0 0 $741.00 6. Prepare Letter to USACE 1 8 0 0 2 $1,098.50 7. Wetland Verification USACE 0 8 8 0 0 $1,482.00 Total Hours 1 36 20 0 2 Hourly Rate $54.00 $30.00 $27.00 $23.00 $22.00 Subtotal Labor $54.00 $1,080.00 $540.00 $0.00 $44.00 Overhead (3.25) $175.50 $3,510.00 $1,755.00 $0.00 $143.00 Total Labor $175.50 $3,510.00 $1,755.00 $0.00 $143.00 $5,583.50 Direct Expenses: Units Rate/Unit Mileage 160 $0.405 $64.80 Maps 3 $10.00 $30.00 Photocopy -Black & White 20 $0.10 $2.00 (8 1/2" x 11") Photocopy -Color (8 1/2" x 11') 20 $1.50 $30.00 TPWD review fee 1 $50.00 $50.00 Film -35 mm Color Prints, 24 exp. 1 $5.00 $5.00 Film Processing -4" x 6" 1 $15.00 $15.00 Total Direct Expenses $196.80 TOTAL COST $5,780.30 NOTE: This cost estimate is based on the threatened and endangered species surveys being conducted simultaneously with the limited wetlands determination. MOORE ARCHEOLOGICAL CONSULTING, INC. 3511 Houston Avenue, Suite B Houston, Texas 77009 Tel. (713) 861-8663 FAX No. (713) 861-8627 August 1, 2006 To: Ms. Ellen Stephenson Carter & Burgess, Inc. 55 Waugh Drive, Suite 600 Houston, Texas 77007-5833 From: Roger Moore Re: New Town Ditch, Brazoria County: Archeological Assessment Proposal (MAC PN 06-75) Moore Archeological Consulting will conduct a desk -based assessment of the proposed New Town Ditch project for a Lump Sum fee of $650 under this PN 06-75. This assessment will review existing archeological and historical data as well as predictive models for prehistoric settlement. The end product will be a letter assessing the potential of the project to disturb significant archeological remains. This letter will contain recommendations as to whether or not an archeological field survey is advisable for the proposed project. The letter may be transmitted to the Texas Historical Commission for that agency's review and concurrence. Roger Moore, President August 21, 2006 Carter Burgess 55 Waugh Drive, Suite 800 Houston, Tx., 77007-5833 Dear Mr. Barnes The City of Pearland has contracted with Carter Burgess for preliminary design services for the proposed Town Ditch Phase III project.. I am including your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number DR2004. This project number, as well as purchase order number 062816, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, Robin Pitcock Office Coordinator 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us Printed on Recycled Paper C. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood, Texas 77546 January 8, 2007 Ms. Cara Nesby Project Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Phone: 281-482-9490 Fax: 281-482-1294 cldavis@cldaviscompany.om Re: 2007 City of Pearland Potential Bond Project McHard Road Extension to Cullen Blvd. — Additional Services (C. L. Davis Job No. 11-421-51) Proposal No. 2007-10 Dear Ms. Nesby: Our proposal for land surveying services for the above referenced project is as follows: 1. Calculate and stake centerline and north right-of-way line of proposed extension of McHard Road for Berg Oliver $2,100.00 2. Locate Wetland points set by Berg Oliver and input into base drawing $1,200.00 3. Prepare 8 1/2" x 11" sketch $450.00 Total Amount of Proposal $3, 750.00 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, C. L. Davis, R.P.L.S. 2007-10 2007 CofP Potential Bond Project (#11-421-51).doc Approved & Accepted Ms. Cara Nesby, Project Manager Date City of Pearland Feb 28 2007 11:26RM CTIS/NFR INVESTMENTS February 28, 2007 2816511827 p•1 INTERINSURANCE EXCHANGE of the Automobile Club 13845 Breck Street, Houston, Texas 77066 City of Pearland, Texas Attn: City Secretary / Investigator Shon Davis 3519 Liberty Drive Pearland, TX 77581 Dear Secretary for the City of Pearland: Pursuant to the state open records law, Texas Government Code Ann. 552.001 to 552.353, I write to request access to and a copy of Complete copy of fire report(s), print and digital photographs, audio tapes, and any and all other information maintained by your city pertaining to the vehicle fire Involving our insured, Paul Grant, our insured vehicle, a 1985 Mercedes Benz , VIN WDBBA45C6FA021671, was destroyed by fire on or about February 6, 7th, Or 8s' of 2007. The City of Peariand's file number for this fire Is 07-3036 REASON: This documentation is requested as part of an ongoing Investigation pertaining the fire loss claim filed by Mr. Grant under his personal automobile policy with our company. If your agency does not maintain these public records, please let me know who does and include the proper custodian's name and address. I agree to pay any reasonable copying and postage fees for this request. As provided by the open records law, I will expect your response within ten (10) days. (20 days if my request requires substantial programming or manipulation of data.) If you believe this information is not public, I ask that you immediately notify me and then seek a formal decision from the Texas Attorney General not later than ten (10) calendar days from your receipt of this request, as required by the open records law. If you choose to deny this request, please provide a written explanation for the denial Including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material. Feb 28 2007 11:26AM CTIS,NFR INVESTMENTS 2816511827 p.2 Page 2 of 2 Please contact me by telephone at 832-250-9210 when this request has been processed so that I can pick up the requested material In person. Please do not mail the material as this may cause a delay in our time deadlines mandated by the Texas Department of Insurance. Thank you for your assistance. My Information Follows: Sincerely, Keith H. Norman Investigator AAA Texas — Special Investigation Unit 13845 Breck Street, Houston, Texas 77066 (832) 250-9210 Fax (281) 651-1827 Exhibit "F" Resolution 2006-122 8/14106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Quadrant Consultants, Inc. hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide architectural services for the schematic design and cost estimate for the Mykawa Road Widening. Engineer/Subconsultant(s) Fee Basis of Compensation Quadrant Consultants, Inc. $110,723.00 NTE Maximum Contract Amount $110,723.00 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary — Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") i 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, 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. Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (3) 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND ENGIN�- By: Printed Name: Title: Bill Eisen City Manager STATE OF TES COUNTY OF 076t1( By: Printed Name:2.JDQ�er..(� PE. Title: 1/ r �S--Pj2•.,C51 f) BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS / DAY OF , A.D., 2006. \\\\\UV 1111111 I I I l l 111 /��,��i// �`N, .'.. P!t�,'%.,,, 0.•.• RYA 0�%; • 0\ l �'e ` . 0 STATE OF TEXAS Z ` 0'.- - 126oFSE+r c ot5s::`.PIKE.?.••• NOTARY PUBLIC IN AND FOR THE )22ii-Ck tair4-6 6Z - STATE OF TEXAS COUNTY OF - \CoZcckc Printed Name' /j,f 1-1-71-t- k My Commission Expires: 57 3/jo BEFORE ME, the undersigned Notary Public, on this day personally appeared nc , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. c� 91VEN UNDER MY HAND AND SEAL OF OFFICE THIS ) ' DAY OF LJ`UclvZ+ , A.D., 20010 . 6 NOT Y BL IN AND FOR THE STATE OF EXAS Printed Name: �jP -] rcvrrActr. My Commission Expires: t - k- 200 1 QUADRANT CONSULTANTS INC. 7322 Southwest Freeway, Suite 470 Houston, Texas 77074 Phone 713-779-2990 Fax 713-779-3727 Email aci@aconsultants.corrt Web www.aconsultants.com July 21, 2006 Douglas K. Kneupper, P.E. City Engineer City of Pearland 3523 Liberty Drive Pearland, Texas 77581 Subject: Proposal for Professional Engineering Services in connection with Mykawa Road Improvements from Beltway 8 to FM 518, Pearland, Brazoria County, Texas (Revised 8-3-06) Dear Mr. Kneupper: Quadrant Consultants Inc. is pleased to present this proposal for engineering services concerning the improvements to Mykawa Road from Beltway 8 to FM 518 (Broadway), in Pearland, Brazoria County, Texas. The goal is to study the area between the project limits to determine the feasibility of ultimately constructing approximately three miles of a 4 -lane, concrete, curb and gutter divided boulevard section roadway, including storm sewers, outfalls and detention, traffic signals and related items. QCI contracted with the City of Pearland in the year 2000 to provide Professional Engineering De- sign Services for the reconstruction of Mykawa Road from Beltway 8 to McHard Road. The project was designed to meet both the City of Pearland and Texas Department of Transportation (TxDOT) design criteria. A detailed Drainage Study, an Environmental Assessment (EA), and 95% Construc- tion Plans, Specifications, and Estimates were accomplished as part of this contract. The project was put on hold due to the lack of funding. The City now desires to revisit the project in consideration of an upcoming Bond Program. However, the project limits will now be from Beltway 8 to FM 518 (Broadway). All proposed work will be in accordance with the City of Pearland's Public Infrastructure, Engineer- ing Division's General Guidelines Governing this Type of Work. QCI will work with the City of Pearland to coordinate with railroads, City of Houston, Hams County Toll Road Authority, U.S. Army Corps of Engineers, Harris County Public Infrastructure Engineering Permits, Harris County Flood Control District and private utility companies. We will provide our updated design schedule during monthly progress meetings. Costello, Inc. will assist QCI in providing the necessary field surveying services together with exist- ing right-of-way information and preparing property ownership maps. Costello performed these ser- vices for Segment One (Beltway 8 to McHard Road) of the project. See their proposal in Attachment B. \\Quadrs2\DATA\Proposals\Peorland\Mykowo Road\Feasibey Study 2006\Mykawa BW8 - PM 518 Proposal 2006.Doc Mr. Douglas K. Kneupper, P.E. Proposal for Professional Engineering Services in connection with Mykawa Road Improvements from Beltway 8 to FM 518, Pearland, Brazoria County, Texas (Revised 8-3-06) July 21, 2006 (Revised 8-3-06) Page 2 QCI will adhere to the City's proposed scope stated in a meeting, dated July 13, 2006. Accordingly, we propose the work be accomplished in Two Segments. Segment One would entail an update for that portion of Mykawa Road from Beltway 8 to McHard Road. This update will include as a mini- mum Construction Cost Adjustments due to time lapse (from January 2004 to current day), change of property owners, and any significant changes in development. Segment Two of the project will focus on the Mykawa Road segment form McHard Road South to FM 518 (Broadway). In an effort to ob- tain an accurate cost for the proposed improvements, Segment Two of the project will be developed around the tasks listed below. The following tasks are proposed and are explained in more detail as follows: Task 1: Alignment Maps and Data Collection Quadrant will evaluate four alternative roadway alignments: • Alternative 1 —Along existing centerline: Construct a concrete curb and gutter divided boule- vard section roadway within a continuous 100 -foot ROW. • Alternative 2 — To the right of existing centerline: Construct a concrete curb and gutter divided boulevard section roadway within a continuous 100 -foot ROW. • Alternative 3 — To the left of existing centerline: Construct a concrete curb and gutter divided boulevard section roadway within a continuous 100 -foot ROW. • Alternative 4 — Both to the right and left of existing centerline: Construct a concrete curb and gutter divided boulevard section roadway within a continuous 100 -foot ROW. QCI will evaluate/coordinate: • The impact to property owners and structures, if acquiring additional ROW to complete a con- tinuous 100 foot ROW; this information will be coordinated with property acquisition services (PAS) • Hydrologic and hydraulic impacts due to proposed roadway and stream crossing alternatives, including outfall and detention locations and approximate sizes; • Environmental impacts; • Permit requirements from jurisdictional agencies. • Estimated cost of utility and pipeline adjustments; and • Construction costs including the roadway, storm sewers, outfalls and detention facilities; • ROW cost, including damage to remaining parcels, for a continuous 100 foot ROW; Task 2: Property Ownership Maps Quadrant will obtain the latest available aerial photographs. Limited surveying will be performed to accommodate all alternatives to verify the location of critical structures, utilities, pipelines, wetlands and other relevant sites. Pertinent features that are not on the aerial will also be located and placed on Mr. Douglas K. Kneupper, P.E. Proposal for Professional Engineering Services in connection with Nivkawa Road Improvements from Beltway 8 to FM 518, Pearland, Brazoria County, Texas (Revised 8-3-06) July 21, 2006 (Revised 8-3-06) Page 3 the aerial. Vertical and horizontal controls will be recoverable. Utilities will also be located and shown on the aerial. Potential conflicts will be identified. Property ownership maps will also be prepared to illustrate the existing property owners that may be affected from the proposed roadway improvements. Task 3: Hydraulic Analysis Quadrant will perform a preliminary drainage study to determine the existing and proposed drainage patterns and drainage areas, so that the hydrologic and hydraulic impacts can be evaluated for the alternatives. We will use TSARP data (Harris County) and FEMA Data (Brazoria County) for this study. We will coordinate with Brazoria County Drainage District #4, Harris County Flood Control District, City of Houston and Harris County Public Infrastructure Engineering Permits staff to deter- mine jurisdictional authority, permits required, and stream crossings that require HEC RAS analysis, CLOMRs and LOMRs. We assume that no computer modeling will be done for this study. Task 4: Environmental Analysis Quadrant will identify potential environmental concerns relative to soil and water contamination, waters of the United. States (including wetlands), endangered species and cultural resources. We will perform a Preliminary Environmental. Site Assessment in accordance with the Minimum Require- ments and Guidelines for Performing a Preliminary Environmental Site Assessment (Phase 1) for the existing and proposed ROW, including the roadway and detention sites. This assessment will include regulatory agency research, fieldwork and interviews. Quadrant will conduct fieldwork to identify jurisdictional waters of the United States, including wet- lands, in the existing and proposed roadway ROW and proposed detention sites. If we do not identify a jurisdictional water or wetland, we will prepare a letter report stating the results of our investiga- tion and submit it to Harris County for their submittal to the Corps of Engineers for concurrence. If we do find a water of the United States that appears jurisdictional, we will delineate boundaries and prepare a preliminary jurisdictional determination report presenting the types and limits of waters of the United States, and recommendations for required permits. We will then accompany a Corps of Engineers representative to the project area to verify the jurisdictional determination, and we will prepare a pre -construction notification for the project and submit it to Harris County for their submit- tal to the Corps of Engineers. Quadrant will also search for records of endangered species in the project area and conduct fieldwork to identify potential habitat for endangered species. We will send letters to the U.S. Fish & Wildlife Service and the Texas Parks & Wildlife Department requesting information on known sightings of endangered species in the area. Quadrant will also send a letter to the Texas Historical Commission and the Texas Archaeological Research Laboratory of the University of Texas requesting information on known sites in the project area from their databases. Mr. Douglas K. Kneupper, P.E. Proposal for Professional Engineering Services in connection with Mvkawa Road Improvements from Beltway 8 to FM 518, Pearland, Brazoria County, Texas (Revised 8-3-06) July 21, 2006 (Revised 8-3-06) Page 4 Task 5: Traffic Studies and Signals Quadrant will perform a general traffic study to identify intersections that will potentially warrant new signals or modified signals. This is not a "traffic signal warrant study." The intent is to reasona- bly determine a construction cost for traffic signals for the project. Task 6: Engineering Study Report Quadrant will prepare an Engineering Study Report of its findings, conclusions, and recommenda- tions for this project. The report will include a discussion of the evaluation results for the alterna- tives, including pros and cons for each, and recommendations on: • Preferred alignment; • Proposed roadway section; • Proposed ROW width; • Hydrologic and hydraulic alternatives and recommendations, including preferred outfall and de- tention sizes and locations; and • Environmental compliance requirements; • Traffic control measures, and needs for further study; and • Permit requirements from jurisdictional agencies. We will superimpose the proposed alignments and existing and proposed rights-of-way onto a cur- rent aerial photograph, drawn to scale. Quadrant will submit seven copies of the report for review and seven final copies of the approved report. Project Schedule and Budget We estimate that we will complete the project tasks within three months from your Notice to Pro- ceed. A detailed schedule is attached to this proposal. (See Attachment C) QCI proposes to accomplish this assignment for a Lump Sum amount, Not To Exceed without prior written approval, of $110,723.00. This fee includes $4,068.00 for Segment One update of the pro- ject (Beltway 8 to McHard) and $106,655.00 for Segment Two of the project (McHard to FM 518 (Broadway)). A detailed cost breakdown is attached to this proposal. (See Attachment A) In addition, we have also included the Conflict of Interest Questionnaire. Mr. Douglas K. Kneupper, P.E. Proposal for Professional Engineering Services in connection with Mykawa Road to FM 518, Pearland, Brazoria County. Texas (Revised 8-3-06) July 21, 2006 (Revised 8-3-06) Page 5 Improvements fi•orn Beltway 8 Thank you for giving us the opportunity to submit this proposal. We look forward to assisting you with this important project. If you have questions or require additional information, please contact me. Peter R. Jordan, P Vice President Attachments: Proposed Schedule, Cost Proposal, Conflict of Interest Questionnaire Form C 1 Q ENT A 8 to FM 5�8 (Broadway' pTTACMM from Beltway Improvements ai. Mykawa Road ImP?Garland, 'Texas Labor Cost Fee Proposal: Adrnini Total Hours $1,869.75 GAD Clerical 24 Sr CAD Technician 1 1 24 Technician 11 8 346 $29, 480.84 Basic Services principal Eng lv Engineer 118 2 86 8 160 $'3,Q45.3Q Engineer 44 Lahr Engineer 4 28 40 � 6 570 70 12 16 136 32 4 150 19 $47,612•93 [ask I (Update) 18 64 8 46 $83.57 A Segment ( g 4 $63.25 207.83 118 $85.87 487.50 $1' Segment ll and Data Collection 2 208 $9, S Alignment Maps Hydraulic Analysis 29 ,$72.39542.0 $3,950.02 Full Cast Hydrological and o Preparation $92.34 $x,542.02 Multiplier $91.90 labor Hours $179.96 $19206.72 Cost C Engineering Rep Total Hour $5 218 84 Base G 1.10Q $110.00 Labor Rate p Unit $89.00 1.100 $2pg.00 Labor Cost dab Quant%, Unrt $0 Co445 mile $100.00 1.100 $44.55 $0 page $190.00 1.100 $214.50 200 $0.10 page 40.50 Exp1,000 $1.00 $ 1.100.1 $44.00 Item 190 $0,15 page $195.00 1.100 $38.50 11lor 270 $40.00 1.100 $44.00 Mileage 8112 foot $35,00 1.100 $220,00 Copies, $112 11 Gala' $2.00 each $40.00 1.100 4.00 X 59 Copies, Color 20 $5.00 00 $ Copies, 1107 7eapackage$35. 1.100 $55.00 COp Delivery Ser apps $540.00 1.100 1§0 - Labor $20.00pro)ect Aerial P $200,00 site $50.00 1.100 $1,726.45 ?loner Supplies 1 $27q.00 rch C art Binding $0. iota► EXt1.100 pArch y $e Ma erica Database Research 2 als Hazardous Gatch Chain of Title Res Archaeology Spe es Research Archaeo Endanger $47,612.93 Basic Services$1,726.45 SummCost ices $d3� Summary 49,339.38 nor Basic Services Sum 81,3g .38 Expenses Total, Project lees Full Cost Additional Services Cost-,723.38 Page 1 Basic Services 42.00 Total P Additional $50,9 Task and Property Maps $8,442.00 $2,000.00 Inc. Alignment Surveys encs Quadrant CO'suitants l Analyses Requirements ices $61 Environmand Sed, Addit Additional Services ---$6'._ Traffic Studies 'Total, ut;12006 kn r July 20, 2006 Mr. Peter R. Jordan, P.E. Quadrant Consultants, Inc. 7322 Southwest Freeway, Suite 470 Houston, Texas 77074 Re: Estimate for Surveying Services Mylcawa Road — Beltway 8 to FM 518 City of Pearland, Texas CI Job No. 99089-05 Dear Mr. Jordan: Costetto tnc. Engineering & Surveying Costello, Inc. is pleased to submit this cost proposal for surveying services associated with the luiykawa Road project, from Beltway 8 to FM 518 (Broadway Avenue) in Pearland. We understand the scope of services will include control surveys, topo surveys, abstracting (including an update of the previously completed section), preparation of an abstract exhibit, and right-of-way surveys of the existing right-of-way. The cost for these services is as follows: Abstracting AM Map Preparation $10,442.00 Control Surveys $ 8,760.00 Topa and Right-of-way Surveys $31,740.00 TOTAL $50,942.00 Please call me if you require any additional information. Thank you for including us on this important project. RL/ Sincerely, Costello, Inc. Lidl Richard W. Liesse, P.E., R.P.L.S. Vice President 4990 Richmond Avenue • Suite 450 • North Building • Houston, Texas 77042 Phone: (713) 783-7788 • Fax: (713)783-3580 www.costelioinc.com ATTACHMENT C MYKAWA ROAD IMPROVEMENTS FROM BELTWAY 8 TO FM 518 (BROADWAY) PEARLAND, TEXAS ID ' Task Name I Duration Start Finish 6 1 Au ust 6 Au•ust 27 Se•tember 17 October 8 1 October 29__J_, MITIWIT F S S M T W IS M 1 I Engieering Feasibility Study 88 days Tue 8115/06 Fri 11/10/06 Ilk j Surveying and Property Maps 60 days Tue 8/15/06 Fri 10/13/061 3 1 Alignment Maps and Data Collection 45 days Tue 9/5/06 Thu 10/19/06 4 Hydrological and Hydraulic Analysis 45 days Tue 9/19/06 Thu 11/2/06 33 :.................:€'•3 5 1 Environmental Analyses 30 days Tue 8/15/06 Wed 9/13/06 6 Traffic Studies and Signal Requirements 15 days Tue 8/15/06 Tue 8/29/06 roiiml 7 { Project Meeting 0 days Tue 9/12/06 Tue 9/12/06 ♦ 9/12 8 Project Meeting 0 days Thu 10/5/06 Thu 10/5/06 ♦;10/5 9 Project Meeting 0 days Fri 10/27/06 Fri 10/27/06 ` 10/27 101 Report Preparation 30 days Thu 10/12/06 Fri 11/10/06 Legend Progress Task FiiiTZFEi Milestone Page 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. OFFICE USE ONLY Date Received J Name of person doing business with local governmental entity. Peter R.. Jordan filing authority not later than Code, is pending and incomplete or inaccurate.) Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate September 1 of the year for which an activity described in Section 176.006(a), Local Government not later than the 7th business day after the date the originally filed questionnaire becomes 'j Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. None ii Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. None ami;nnea 91� 13:2006 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes J No B. is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes t ' i No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 1 No D. Describe each affiliation or business relationship. None r+ Describe any other affiliation or business relationship that might cause a conflict of interest. None J Signature of person ding business with the governmental entity July 21, 2006 Date Amen.1.4 August 21, 2006 Quadrant Consultants, Inc. 7322 Southwest Freeway, Suite 470 Houston, Texas 77074 Dear Mr. Jordan The City of Pearland has contracted with Quadrant Consultants, Inc. for preliminary engineering services for the proposed improvements to Mykawa Rd.. I am including your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number T68976. This project number, as well as purchase order number 062809, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, 7 Robin Pitcock Office Coordinator 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us rot Printed on Recycled Paper Exhibit "G" Resolution 2006-122 8114106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Randall -Porterfield Architects, Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide architectural services for the schematic design and cost estimate for the Nature Center at SWEC. Engineer/Subconsultant(s) Fee Basis of Compensation Randall -Porterfield Architects, Inc. $25,000.00 NTE Maximum Contract Amount $25,000.00 NTE * All financial obligations created by this agreement are between the City an Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary — Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND By: Printed Name: Title: Bill Eisen City Manager STATE OF TEXA COUNTY OF a LL ENGINEER By: Printed Name: Mtc.0.4 °KIER.Et& Title: VV., e- Me<ioE1A-t". f'rIVIiiP 1(.. BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND C s , A.D., 2006. O G' , �� n : �/ vIFOF�E.P� %`if �'!"A/RES O3uml ''' 6 o STATE OF TEXAS § COUNTY OF 1' 7. ' zL § AND SEAL OF OFFICE THIS _ �. NOTARY PUBLIC IN AND STATE OF TEXAS Printed Name: / 41, + ) My Commission Expires: DAY OF 166c/ FOR THE /72 ()/7/,o I EEFO,RE�IIE, the _undersigned Notary Public, on this day personally appeared 1 i( ((,t1 �'�. r e , known to me to be the person whose name is subscribed to the foregoing instrument' and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. _ GIVE UNDER MY HAND AND SEAL OF OFFICE THIS 4/,-,(1--(- DAY OF , A.D., 20 Gv . r 6 c 0 ARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: 5/-3//4.' RANDALL-PORTERFIELD A RC1I IT ECTs 1 NC. July 26, 2006 Ms. Rhonda Cyrus, Director Parks and Recreation City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Proposed Southwest Environmental Center City of Pearland Dear Ms. Cyrus, We appreciate the opportunity to submit this proposal to provide architectural services for the schematic design and cost estimate of the above referenced project. It is contemplated this project would include a 7,000 SF facility with an open air pavilion (Green Building) that would include environmental educational displays, demonstration gardens, interpretive exhibits, six offices, storage, restrooms, outdoor spray station and plenty of hose bibs. The site would include 2 -miles of 6 foot and 8 foot trails being a combination of crushed granite and concrete in low lying areas, boardwalk, pedestrian bridge, fishing pier, picnic tables, benches, trash receptacles, drinking fountains, and a tree farm and landscaping with tree bubblers, paddle craft launching area and grass-crete parking. The building would have offices with a reception area, classrooms with 50 capacity seating area, sinks and counter space, sound system, and drop down speakers and screen at least 400 SF of storage for rakes, shovels, litter bags, yard equipment and a board room. Also, the Architect will include a full day for a discovery tour for three nature centers, three meetings with the Friends of Pearland to discuss various options for the environmental center and a cost estimate for the entire project scheduled to start construction on 2010 thru 2011. This estimate shall include architectural and engineering fees, construction cost and furniture and equipment cost. Complete Architectural Services consist of five phases. They are as follows: Phase 1— Schematic Design (Schematic Drawings) Phase 11— Design Development (Preliminary Drawings) Phase 111— Construction Document (Working Drawings) Phase IV — Bidding or Negotiation Phase V — Construction (Administration of the Construction) Phase 1 The Schematic Design Phase involves consuttation with the Owner to ascertain the scope of the project, prepare a schematic floor pan, site plan, and exterior elevations to illustrate the scope and relationship of the projects components clearly too all concerned along with a preliminary cost estimate. Phase 11 The Design Development Phase consists of preliminary drawings and other documents based on the schematic drawings previously adopted, and to describe in detail the size and type of the structural, mechanical, and electrical systems, materials and other components, with an update preliminary cost estimate. Phase 111 The construction Document Phase includes the preparation for the working drawings and specifications, setting forth in detail the requirements of the construction of the entire project, including the necessary 565 FM 270 North League City, TX 77573 G\jobs\Gty of Pearland \Proposal EnvirCntr U?26d6.doc 281-332-6680 Fax: 281-316-6920 Environmental Center July 26, 2006 Page 2 of 2 bidding forms, conditions of the contract, updating the construction estimate due to changes in requirements or construction market conditions. Phase IV The Bidding or Negotiation Phase involves the Architect assisting the Owner in obtaining bids or negotiating proposals, and in awarding and preparing construction contracts. Phase V The Construction Phase consists of required visits to determine the progress and quality of the work and to determine if the work is proceeding in accordance with the plans and specifications. Review and approve the contractor's applications for payment, review and approve shop drawings, and prepare change orders if needed. It is understood that you require only Phase I at this time. Cost for the schematic design phase shall be on an hourly rate not to exceed a fixed fee of $25,000 (see attached fee and hourly rate schedule). Items to be provided by owner shall be as follows: 1. Survey 2. Geotechnical (if required) Items to be provided by the Architect are as follows: 1. Master site plan 2. Building floor plan 3. Building elevation 4. Cost estimate 5. Rendering 6. Discovery tour (1 full day) 7. Meetings (3 full days) with Friends of Pearland 6. Weekly meetings with Owner as requested 9. Six sets of schematic design booklet Should the project be terminated the Architect would be paid for services rendered to date of project termination. Reimbursable expenses such as printing, postage, plots, courier fees etc. would be at approved cost plus 15%. Before work can begin we required a signed proposal. Please indicate your acceptance in the space provided below and return the signed original to our office. Our office will complete this scope of service within ninety (90) calendar days from the date of the contract. Thank you again for allowing us to submit this proposal and we look forward to working with you on this project. Sincerely, Michael Porterfield, AIA APPROVED: By. Date: August 21, 2006 Randall -Porterfield Architects, Inc. 565 FM270 North League City, Texas 77573 Dear Mr. Porterfield The City of Pearland has contracted with Randall -Porterfield for Architectural services for the proposed Nature Center at SWEC. I am including your copy of the executed contract; if you have not already begun work, please accept this letter as your notice to proceed. When sending any correspondence for this contract, please reference project number P20004. This project number, as well as purchase order number 062807, should also be referenced on your invoices. Invoices should be sent to the attention of Ms. Joanne Sandavol. I look forward to working with you on this project. Please contact me at 281-652-1734 or rpitcock@ci.pearland.tx.us if you have any questions. Sincerely, Robin Pitcock Office Coordinator 3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416 • 281-652-1600 • www.ci.pearland.tx.us 0 Printed on Recycled Paper Exhibit "H" Resolution 2006-122 8/14106 CITY OF PEARLAND STANDARD AGREEMENT FOR CONSULTANT SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and C. L. Davis, Inc. (hereinafter "Consultant") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide surveying services for the 2007 bond election on the roadway and drainage. Consultant/Subconsultant(s) Fee Basis of Compensation C. L. Davis, Inc. $202,300 NTE Maximum Contract Amount $202,300 NTE *AII financial obligations created by this agreement are between the City and Consultant, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: Sixty (60) days after services rendered. Attachments: Scope of Services — Exhibit A 2. Services and Payment. A. Consultant will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Consultant shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Consultant shall specify the basis of compensation in the scope of work for the project. The Consultant shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Consultant based upon work completed at the payment intervals. The Consultant shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Consultant's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Consultant for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Consultant shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Consultant shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Consultant. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. If City fails to make any payment due Consultant for services and expenses within thirty (30) days after receipt and approval of Consultant's statement for services therefore, the amounts due Consultant will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Consultant may, after giving seven (7) days' written notice to City, suspend services under this Contract until Consultant has been paid in full, all amounts due for services, expenses, and charges. B. All the Consultant's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. 2 C. Approval of the Consultant's work by the City shall not release the Consultant, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Consultant shall promptly correct errors in the Consultant's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Consultant shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Consultant's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Consultant of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Consultant, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Consultant and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Consultant. The City may terminate this Contract at any time during its term by giving written notice to Consultant. The City shall pay the Consultant for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Consultant's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Consultant is incompetent or undesirable, City will notify Consultant accordingly and Consultant shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Consultant's fees for services. Consultant may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by 3 Consultant will be at City's sole risk and without liability or legal exposure to Consultant, or to Consultant's independent associates or consultants, and City shall indemnify and hold harmless Consultant and Consultant's independent associates from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Consultant to further reasonable compensation. Consultant may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Consultant's other activities. Any reuse by Consultant will be at Consultant's sole risk and without liability or legal exposure to City, and Consultant shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Consultant, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 4 8. Indemnity. Consultant shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Consultant is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Consultant, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Consultant shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Consultant and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 CITY OF PEARLAND STANDARD AMENDMENT TO ENGINEERING SERVICES AGREEMENT Poila,zgo Rwo -1as This Amendment (hereinafter "Amendment") is made between the City of Pearland, Texas (hereinafter "City"), and C. L. Davis & Company (hereinafter "Consultant") to amend that consultant services contract (the "Contract") between the City and the Consultant executed on August 14, 2006 for Surveying Services on the 2007 Potential Bond Projects. 1. Amended Terms. The City and the Consultant hereby agree that the Contract is amended as follows: A. Increase Maximum Contract Amount From $202,300.00 to $206,050.00; an increase of $3,750.00. B. See Attachment for additional services. 2. Contract to Remain in Force. Other than the provisions of the Contract expressly amended herein, the Contract shall remain in full force and its enforceability shall be unaffected by this Amendment. EXECUTED and EFFECTIVE as of the day of JJ U0u-J , 20 . CITY OF PEARLAND Finance Approval: Signature: Ui.t,,:;., r(\Slat-lk Name/Title:Chlic ke \ , ! ')ci.c}0f ci- n1c4\Lp Departmental Approval: Signature : Name/Title: CONSULTANT Signature : Name/Title: lGh /7)C7t//, EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND ENGINEER By: Printed Name: Title: Bill Eisen City Manager STATE OF TEXAS COUNTY OF § By: Printed Name: Title: L•(-• 1 Amt 5 0 BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. � GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS / 7 t� DAY OF C t -c... S C , A.D., 2006. ��N• E.. ?/P.',,,,�� • STATE OF TEXA COUNTY OF NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, // ll Printed Name: JLC h 17 L l-% /62 c My Commission Expires: 573/ i v /BEFORE ME, the undersigned Notary Public, on this day personally appeared • PaAi? , known to me to be the person whose name is subscribed to th foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GI N UNDER MY HAND AND SEAL OF OFFICE THIS /70/4-'1DAY OF , A.D., 2006 . 9.1 6 TARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: �I C. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood, Texas 77546 281.482.9490 FAX 281.482.1294 cidavis@cldaviscompany.com July 31, 2006 Revised August 4, 2006 Mr. Doug Kneupper, P.E. City Engineer City of Pearland 3523 Liberty Pearland, Texas 77581 Re: 2007 City of Pearland Potential Bond Projects (THOROUGHFARE) Proposal Number: 2006-107 Dear Mr. Kneupper: Our proposal for land surveying services for the above referenced project is as follows: 1. Bailey Road Project a. Update 2002 Topographic Survey ofBailey Road from Manvel Road (FM 1128) to Veterans Drive (approximately 13,400') $32,300.00 2. McHard Road Extension (West Country Place to Cullen Blvd) Completed Route Surveys for McHard Rd Extension from Cullen Blvd west a. b. c. Establish Existing Right -of -Way of McHard Road from End of Existing Four (4) Lane Road to Drainage Ditch $2,800.00 Topographic Survey on Existing Right -of -Way of McHard Road from 200' West of end of Existing 4 Lane Road to Drainage Ditch $8,800.00 Topographic Survey on Existing Drainage Ditch 200' North and South of Proposed Crossing d Perimeter Boundary Survey on Tracts between Existing Drainage Ditch and Cullen Boulevard e. Topographic Survey on 200' Strip from Existing Drainage Ditch to Cullen Boulevard (approximately 3,400') * Right -of -Entry letters to be obtained by City of Pearland $3,600.00 $9,800.00* $11,400.00* Proposal Number: 2006-107 August 4, 2006 Page 2 f Establish Right -of -Way of Cullen Boulevard 600' North and south of Proposed Intersection $2,100.00 g. Topographic Survey on Cullen Boulevard 600' North and South of Proposed Intersection and 600' East along County Road 106 $8,400.00 h. Preparation of Route Surveys on Tracts between Existing Drainage Ditch and Cullen Boulevard (Estimate 3) $5,200.00 i. Coordinate Horizontal and Vertical Locations of Pipelines $1,800.00 3. Old Alvin Road from Plum to Knapp a. Establish Existing right-of-way of Old Alvin Road from Plum to Knapp (approximately 9,000') $10,600.00 b. Topographic Survey of Old Alvin Road from Plum to Knapp $31, 900.00 Total Amount of Proposal $128, 700.00 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 $125.00 $95.00 $85.00 $110.00 $30.00 $50.00 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. Doug Kneupper, P.E. Date City of Pearland f C. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood, Texas 77546 281.482.9490 FAX 281.482.1294 cldavis@cldaviscompaay.com July 31, 2006 Revised August 4, 2006 2d Revision August 4, 2006 Mr. Doug Kneupper, P.E. City Engineer City of Pearland 3523 Liberty Pearland, Texas 77581 Re: 2007 City of Pearland Potential Bond Projects (DRAINAGE) Proposal Number: 2006-106 Dear Mr. Kneupper: Our proposal for land surveying services for the above referenced project is as follows: 1. West Walnut Street Drainage Project a. Partial Topographic Survey on Austin Street between West Walnut and Farm Market Road 518 (approximately 1,400') $2,100.00* b. Partial Topographic Survey on Farm Market Road 518 from Austin Street to Railroad Tracks (South side only at each intersection) $3,200.00* c. Partial Topographic Survey on Veterans Drive from West Walnut to Mary's Creek $1,800.00* d Partial Topographic Survey on Pear at each intersection only between Austin Street and Railroad Tracks $2,400.00 e. Partial Topographic Survey on Veterans from West Walnut south (approximately 1,500') $3,600.00 (*Fee does not include utilities and right-of-way lines) 2. David L Smith West Detention Pond Expansion a. Partial Topographic Survey on Existing Detention Pond west of Pearland Parkway and south of pipeline (area will be the west portion of existing pond, portion of McHard Road out fall ditch area and area west of said pond) $9,400.00 b. Coordinate Horizontal and Vertical Locations of Pipelines $2,100.00 • Proposal Number: 2006-106 Augst 4, 2006 Page 2 3. Hickory Slough at Max Road Detention — Proposed Park Site (63.710 acres) (CL. Davis Job No. 11-421-51) a. Topographic Survey on Entire 63.710 acres tract $16,800.00 4. Town Ditch Phase III — Town Ditch Extension from West End of Town Ditch at Railroad Tracks extending West to Mykawa Road and going South to Orange Street a. Topographic Survey from Mykawa Road to Railroad Tracks along Pipe and Tube Supplies South Property Line $4,800.00 b. Preparation of 2 Route Surveys for Extension of Town Ditch through Pipe and Tube Supplies Tract and Sampre Avant Tract $3,000.00 5. East Mary's Creek Detention Phase I a. Partial Boundary Survey $2,100.00 b. Topographic Survey on Entire Tract (section will be on 200' grid) $17,500.00 6. State Highwy 35 at Mary's Creek Bridge a. Topographic Survey on Mary's Creek at Hwy 35, 400' east and west of Hwy 35 $4,800. 00 Total Amount of Proposal $73,600. 00 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 $125.00 • Registered Professional Land Surveyor (RPLS) $95.00 • Technical/CAD $85.00 • Three-man field crew $110.00 • Data Collector $30.00 • Clerical $50.00 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. Doug Kneupper, P.E. Date City of Pearland Exhibit "I" Resolution 2006-122 8/14106 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Randall -Porterfield Architects, Inc. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide architectural services for the schematic design and cost estimate for the Shadow Creek Ranch Community Park. Engineer/Subconsultant(s) Fee Basis of Compensation Randall -Porterfield Architects, Inc. $40,000.00 NTE Maximum Contract Amount $40,000.00 NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates: See attached schedule. Attachments: Scope of Services & Cost Summary — Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 3 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer 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 Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. 4 (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governing and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the 14th day of August, 2006. CITY OF PEARLAND By: Printed Name: Bill Eisen Title: City Manager STATE OF TEXA COUNTY OF ENGINEER n� J'K(j`o`'� By: ,,-1 D� Printed Name: M« oR'r—FpE'c,4 Title: r ctim-t (K-tl-k.7a/V'cc P"VP ovr BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. r -GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /T4 DAY OF , A.D., 2006. \U\UUUOf Ilplll/j/!!!!/!///i Ogl N A •.(31 �.� • STATE OF TEX�1a9, (-7;2013 ,��,\\`°�°��\`\ COUNTY OF /�� § [o, y� l �aDL"Z/` N'TARY PUBLIC IN ND FOR THE STATE OF TEXAS Printed Name: I164(�' My Commission Expires: �u ✓i"7 BEFO ME, th9»ndersigned Notary Public, on this day personally appeared i(r=�1,r1/ (1,�,,,�; zC/l , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. /// GIVN UNDER MY HAND AND SEAL OF OFFICE THIS %co DAY OF , A.D., 20 CSL, . Npt%UIIUIINp//bf,, 6 OT`ARY PUBLIC IN AND FOR THE STATE OF TEXAS J Printed Name: CZoI,n G l'� My Commission Expires: --;t5//c) RANDALL-PORTERFIELD ARCH,ITECTS. INC. „ — August 2, 2006 Ms. Rhonda Cyrus, Director Parks and Recreation City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Proposed Shadow Creek Ranch / Project CIP #6 / City of Pearland Dear Ms. Cyrus, We appreciate the opportunity to submit this proposal to provide architectural services for the schematic design and cost estimate of the above referenced project. It is contemplated this project would encompass 142 (±) acre facility with four separate projects within the park boundary as follows. Our estimate for the architect's time is shown for each project. Project One - Project Two - Project Three - Project Four - Initial site reconnaissance, master plan update and recreational amenities associated with the green belt extension of the hike and bike trails. Ball field development with parking, restrooms/pavilion, playgrounds, tennis courts and site amenities. Soccer/football fields with supporting structures and site amenities. Water features and site amenities (budget and scope to be determined). 40 hrs. 60 hrs. 60 hrs. 30 hrs. Total 190 hrs. Also, the Architect will include a full day for a discovery tour to site design four separate projects with an updated budget for construction cost. This estimate shall include architectural and engineering fees, construction cost and fumiture and equipment cost presently valued at approximately 10.0 million including 1.0 million for professional services which may encompass five to seven years for implementation. Basic Architectural Services consist of five phases. Phase I — Schematic Design (Schematic Drawings) Phase II — Design Development (Preliminary Drawings) Phase III — Construction Document (Working Drawings) Phase IV — Bidding or Negotiation Phase V — Construction (Administration of the Construction) Phase I The Schematic Design Phase involves consultation with the Owner to define the scope of the project, building elements, site plan, and exterior elevations to illustrate the scope and relationship of the structural components, and to develop a preliminary budget for the four projects. Phase II The Design Development Phase consists of preliminary drawings and other documents based on the schematic drawings previously adopted, and to describe in detail the size and type of the structural, mechanical, and electrical systems, materials and other components, with an update on preliminary construction cost. Phase I11 The construction Document Phase includes the preparation for the working drawings and specifications. This project manual sets forth in detail the requirements of the construction for each project, including the necessary bidding forms, conditions of the contract and the update for probable cost. 565 FM 270 North 281-332-6680 League City, TX 77573 Fax: 281-316-6920 G:\johs\City of Pearland \Proposal ShadowCrrel<08020B.doc Shadow Creek August 2. 2006 Page 2 of 2 Phase IV The Bidding or Negotiation Phase involves the Architect assisting the Owner in obtaining bids or negotiating proposals, and in awarding and preparing construction contracts. Phase V The Construction Phase consists of required visits to determine the progress and quality of the work and to determine if the work is proceeding in accordance with the plans and specifications. Review and approve the contractor's applications for payment, review and approve shop drawings, and prepare modifications to the projects (as required). Initial Scope of Service We understand only phase I services are required to develop the program and site master plan with budget update at this time. Cost for the schematic design phase shall be on an hourly rate not to exceed a fee of $37,050 plus $2,950 in reimbursable expenses for a total expense of $40,000 (see attached fee and hourly rate schedule) unless owner approval is granted. Items to be provided by Owner shall be as follows: 1. Survey and topo 2. Geotechnical 3. Cultural resources — archeological and wetland delineation services/clearances 4. Civil consultation for master drainage and detention requirements Items to be provided by the Architect are as follows: Hrs. 1. Master site plan outlining the four project within the park boundary 80 2. Building floor plan — restroom/pavilion 20 3. Building elevation — restroom/pavilion 10 4. Preliminary project budget 16 5. Rendering — reimbursable expense (if required) 4 6. Discovery tour (1 full day) 8 7. Meetings (3 full days) with Friends of Pearland and selected staff 24 8. Three meetings with Staff as requested or on a monthly basis 12 9. Six sets of schematic design booklets (reimbursable expense) 20 10.US Army COE permit — a preliminary Joint Evaluation Processing meeting and assessment of project 16 impacts and review of cultural resources Total Hrs. 190 Should the project be terminated the Architect would be paid for services rendered to date of project termination. Reimbursable expenses such as renderings, printing, postage, plots, courier fees etc. would be at approved cost plus 15% not to exceed $2,950. Before work can begin we request a signed proposal to be retumed within sixty (60) days. Please indicate your acceptance in the space provided below and retum the signed original to our office. Our office believes this limited scope of service can be completed in ninety (90) calendar days. Thank you again for allowing us to submit this proposal and we look forward to working with the City of Pearland to assist in the expansion of quality outdoor recreational opportunities. Sincer Robert A. Randall AIA, LEEP AP APPROVED: By: Date: RANDALL-PORTERFIELD) .- ARCHITECT'S, INC. ARCHITECTURAL FEE ASSESSMENTS I. Percentage of Construction Cost — Guidelines for Fees (Includes Architectural and Consultants under Basic Services) Subject to additional services for special programming, environmental, archeological, or extensive civil consultants beyond basic services. NOTE: Renovation Projects may be subject to an additional 1-1/2% fee PERCENTAGE FEE SCHEDULE FOR NEW CONSTRUCTION Guidelines for discussion purposes — Each project will require a more detail fee assessment pending scope of services required. 100,000 and under 100,000 - 200,000 200,000 - 300,000 300,000 - 500.000 500.000 - 750.000 750,000 - 1,000.000 1,000,000 - 2,000,000 2,000,000 and over 15% (Negotiable -Minimum Fee $10,000) 15% 13%- 15% 11%- 14% 10%-11% 9% - 10% 8% - 9% 6%- 7% [1. Fixed Fee + Expenses Mutually agreed upon percentage of Program Budget III. Lump Suni Definite scope with limited service IV. Hourly + Expenses Hourly Rates + office expense with Mark-up Factor as published HOURLY RATES Principal Architect $ 195.00/hour Senior Project Architect $ 1 65.00/hour Project Architect $ 135.00/hour Project Coordinator/intern Architect $ 95.00/hour CADD Technician/Interiors Coordination/Intern Architect $ 95.00/hour Clerical $ 75.00/hour Principal Architect Land Planning Services (Randall -Porterfield Enterprises) $ 195.00/hour Corps Permit and Legal Assistance $ 250.00/hour Office mark-up for handling Reimbursable Invoice cost plus 15% REVISED JULY 2005 565 FM 270 North League City, TX 77573 G:\jobs\OFFICE DOCUMENTS\Fav Policy \FEE POLICY - JUL 200i.dix 281-332-6680 Fax: 281-316-6920