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R2008-131 2008-10-13 WA0812RESOLUTION NO. R2008-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE CITY'S WATER TREATMENT PLANT RESERVOIR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering services associated with the City's Water Treatment Plant Reservoir, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for engineering services associated with the City's Water Treatment Plant Reservoir. PASSED, APPROVED and ADOPTED this the 13th day of obey, A.D., 2008. TOM REID MAYOR ATTEST: ~ ,.•~Q~ARC,gq; O~, ~ 5 r: UN G, MC -~;;, TY S RETAR ,.,.,, APPROVED AS TO FORM: / J ~~'F-~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2008-131 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on October 6 2008 by and between the City of Pearland ("CITY") and Snowden Engineering, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as City of Pearland Water Treatment Plant Reservoir Planning and Analysis for Site ("PROJECT"). (Project # WA0812) SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall design interim improvements at the site in preparation for the eventual installation of the Surface Water Plant. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage .reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design 1 of 6 14. Revised 7/25/08 F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT' S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Design 2 of 6 14. Revised 7/25/08 G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end in 24 months. SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly for the basic services and lump sum for the additional services. Total compensation for the services performed shall not exceed $300,355.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: Prior to approval of the preliminary design 30% plans, payments to the CONSULTANT shall not exceed 50% of the total CONTRACT amount. 2. Prior to approval of the final design documents, payments to the CONSULTANTS shall not exceed 75% of the total CONTRACT amount. The final approval and payment will be made within a reasonable period of time regardless of the project construction schedule. 3. If the scope of work of this CONTRACT includes the preparation of studies, design concepts, or other investigations, progress payments shall not exceed 50 % of the total CONTRACT amount prior to submittal of the final report deliverables. Design 3 of 6 14. Revised 7/25/08 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV -THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V -TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2524 Westminster, Pearland, Texas 77581. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15`" day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be Design 4 of 6 14. Revised 7/25/08 proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI -ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII -COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Design 5 of 6 14. Revised 7/25/08 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this _6th day of October 2008. CITY OF PEARLAND, TEXAS Bill Eisen, City Manager ~_ Snowden Engineering, Inc. Design 6 of 6 14. Revised 7/25/08 SNOWDEN ENGINEERING, INC. 2524 Westminster Pearland,Texas 77581 Phone:(281)485-2028 Fax: (281)485-5473 September 24, 2008 E-Mail: snowenginc@sbcglobal.net • Mr. Mickiel S. Hodge • Assistant City Manager City of Pearland 3519 Liberty Drive • Pearland, TX 77581 • Re: City of Pearland Water Treatment Plant Reservoir Planning and.Analysis for Site 3720 County Road 48 Pearland, Texas Dear Mr. Hodge: Snowden Engineering, Inc. (SEI) is pleased to submit this proposal for the reference project and SEI will provide engineering, geotechnical and surveying services for the referenced project in order to meet future demands for water in the western portion of the City of Pearland. We appreciate the opportunity to provide the City of Pearland with the services required for the project. SCOPE OF SERVICES Snowden Engineering, Inc. in association with Camp, Dresser& McKee (CDM), C. L. Davis & Company and Tolunay-Wong Engineers, Inc.will assist the City of Pearland in developing the property at 3720 County Road 48 for its eventual intended purpose of a site for a Water Treatment Plant Reservoir as well as study the feasability of a Regional Detention Facility. To achieve this goal a Preliminary Engineering Report(PER)will first be prepared with alternatives • for the City to consider. • Once the City of Pearland has reviewed the PER and the design has been formulated SEI in conjunction with the sub consultants will complete the design of the Interim improvements at the site in preparation for the eventual installation of the Water Treatment Plant. In an effort to further assist the City in developing the highest and best use of the facility possible SEI will also closely coordinate with Brazoria County Drainage District No. 4 (BDD No. 4)for the evaluation of the excess capacity at the site for use as a Regional Detention Facility. • By coordinating with BDD No. 4 a more cost effective facility can be constructed and possible assistance from the District in the actual construction of the Detention Facility may be realized. COST OF SERVICES A fee proposal has been prepared for the major project tasks required and is attached to this proposal. The fee for SEI is $232,035.00 based upon this attached level of effort chart. • Consulting Engineers&Surveyors • • August 20,2008 Page 2 Additional services will also be required for the referenced project. The anticipated services and their respective cost are: 1. Surveying- C. L. Davis &Company(CLD)will supplant their previous boundary • survey work with the required topographical survey on the referenced project. The fee for their services will be$16,200.00. 2. Water Treatment Plant Engineering Service - Camp, Dresser& McKee, Inc. (CDM) will assist SEI in the development of the referenced project to insure the site is prepared in accordance with the needs of the City of Pearland for the eventual construction of the Water Treatment Plant. The fee for their services will be$42,320.00 3. Geotechnical-Tolunay-Wong Engineers, Inc. (TWEI)will provide the required • geotechnical services for the referenced project. The fee for their service will be $9,800.00. • I have accordingly attached the above sub consultants proposals for your review and approval as well as the level of effort chart for SEI. The total cost of the services is $300,355.00. Additionally, the total estimated time for the aforementioned services is 180 days. Snowden Engineering, Inc. appreciates the opportunity to be of service to the City of Pearland. Accordingly, when we may be of service, please feel free to contact us. j Sincerely, gaAA...Dri Dr. James D. Snowden, P.E., R.P.L.S. President JDS/res Attachments • • Fee Proposal . • City of Pearland • Water Treatment Plant Reservoir September 26,2008 Project Project Design Civil Estimated . TASK Principal Manager Engineer Engineer Engineer CADD Admin Hours Direct Labor _ Hourly Rate: $200.00 $170.00 $150.00 $140.00 $95.00 • $85.00 $75.00 . Task 1 -Preliminary Phase Services . Attend Meetings with City and External Agencies 8 24 12 4 2 50 $8,230.00 Gather City's Existing Information 1 10 24 16 6 57 $8,310.00 • Review Adjacent Projects 1 8 18 8 4 39 $5,760.00 • Procure Information from Surveyor 1 3 4 3 2 2 15 $2,070.00 Procure Information from Geotechnical 1 • 3 4 3• _ 2 2 • 15 $2,070.00 Procure Information from CDM 1 . 3 4 3 2 2 15 $2,070.00 . Procure Information from BDD4 1 3 4 • 3 2 2 15 $2,070.00 Subtotal 14 54 70 40 20 8 206 $30,580.00. • Task 2-Prepare Preliminary Engineering Report(PER) . Submit Draft Report 1 1 2 4 $670.00 Executive Summary 1 2 2 - 1 6 • $915.00 • Design Recommendations 2 6 2 2 12 - $1,870.00 Review of Design Alternatives ' 4 12 24 4 8 1 53 $7,835.00 Boundary&Topographic Surveys . 1 2 8 8. 19 $2,860.00 Geotechnical Report 1 2 8 1 12 $1,880.00 Prepare 30%Construction Drawings 1 • 2 24 30 16 . 72 24 169 $17,780.00 Drainage Study Report . 1 2 26 18 . 8 16 16 87 . $10,280.00 Preliminary Layout 1 2 16 8 8 16 51 $5,180.00 Preliminary Parcel Map 1 2 18 8 8 24 61 $7,160.00 Identify Utility Conflicts&Notify Utilities ' 2 6 8 16 $2,360.00 Prepare Preliminary Engineer's Estimate 1 2 4 8 15 $2,260.00 Attend Monthly Progess Meetings 8 16 8 32 $5,520.00 Prepare Written Response to City's Review . • Comments 1 • -6 16 • 4 27 $3,920.D0 Make Revisions to Report&Resubmit for Final • Approval 1 4 8 6 8 1 28 .$3,405.00 Submit Final Report 2 , 2 2 6 $1,040.00 Subtotal 27 65 174 93 54 136 49 598 $75,935.00 Task 3-Final Design Phase Services Prepare Detailed Construction Drawings, Specifications&Construction Bid Packages 10 28 46 40 28 418 24 594 $59,250.00 Attend Monthly Progress Meetings ' 2 16 10 .28 $4,620.00 Provide 3 Sets of Plans and Specifications to City • for Review at 60%&90% • 2 4 2 16 24 • $2,580.00 Submit 60%&90%Plans to Utility Company's for . " Coordination of Utility Relocating 2 2 2 • 2 16 24 $2,470.00 Coordinate with Utility Companies&Pipeline . - Companies to Identify Conflcts 14 . 24 8 2 48 $7,290.00 Coordinate Submittals for Review&Acquire • " Approvals 1 16 12 8 • 37 $5,840.00 • Coordinate with Other Public Entites(BDD4) 2 28 8 38 $6,360.00 Prepare Bid Sets Including Plans,Specifications& • • Bid Proposal 2 4 4 8 24 16 58 $5,500.00 Prepare Engineer's Estimate 1 2 4 4 2 13 $1,850.00 Subtotal 16 110 114 68 40 474 42 864 $95,760.00 Task 4-Bid Phase Services Provide Notice to Bidders(NTB) 2 2 2 6 $790.00 Reproduce and Disseminate Bid Sets 1 2 2 - 2 16 2 25 $2,450.00. Chair Pre-Bid&Attend Opening Bid Meeting 2 • _ 2 $400.00 Respond in Writing to Questions • 1 2 2 - 4 9 $1,140.00 Assist with Design of Bid Proposal 2 2 4' 2 . "4 14 $1,920.00 Prepare Engineer's Recommendation of Award' • Letter 1 1 2 4 • $520.00 Subtotal 6 8 10 4 2 16 14 60 $7,220.00 Task 5-Attend City Council Meetings • Attend City Council Meeting-Award of Contract 2 2 • 4 $740.00 • Subtotal . 2 2 4 $740.00 Task 6-Produce and Transmit Plans to- • Contractor • - Produce and Transmit Plans and Project Manual _ • to Contractor-5 Sets 1 I .. 1 1 2 16 2 24 $2,360.00 Subtotal 1 1 1 1 2 16 2 24 $2,360.00 Task 7-Construction Phase Services • Attend Pre-Construction Meeting 2 2 2 2 8 $1,190.09 Attend Monthly Progress Meetings 4 8 10 4 .26 $3,960.00 Review/Approve&Comment on Contractors _ Submittals 2 6 18 12 8 46 $6,400.00 • Provide Interpretive Guidance for Contractor& Construction Manager 2 10 12 24 $3,900.00 Conduct Substantial Completion Inspection with CM or PM 2 2 2 6 $1,040.00 Issue Final Completion&Acceptance Letter 1 1 2 4 $520.00 Coordinate Contractors to Procure As-Builts 2 2 4 $450.00 • Provide to City 1 Set of Full Sized Reproducible Record Drawings 2 2 6 8 2 20 $1,980.00 Subtotal 13 29 48 14 6 8 20 138 $19,440.00 • I ; Totals 79 269 417 220 124 650- 135 •1894 $232,035.00 Sep 26 08 03:11 p Snowden Engineeada 281 485 547.3 p.1 • SNOWDEN ENGINEERING, INC. 2524 Westminster Pcarland,Texas 77581 Phone:(281)485-2028 . Fax: (281)485-5473 , E-Mail: snowengincCsbcglobal.net - I • - I PROFESSIONAL STAFF FEE SCHEDULE Classification of Employees Hourly Rate • . Principal $200.00 Chef Engineer . . 185.00 • Professional Engineer/Project Manager 170.00 Project Engineer • 150.00 Design Engineer 140.00 • Civi Engineer 95.00 Chief Surveyor 135.00 Chief CADD Supervisor ' 115.00 Computer Technician 85.00 Surrey Technician • 90.00 Resident Construction Representative 80.00 • Administrative . - 75.00 Surrey Parties . 2-Man Party 150.00 • 3-Man Party 180.00 4-Man Party • 225.00 Miscellanecius Charges . • Electronic Distance measuring Equipment • • $ 150.00/day Computer $ 80.00/hour CA[)D Plotter $ 12.00/minute BIuo Line Reproduction $ 0.25/square foot Xerox Copies $ 0.25/each Ira\rel $ 0.60/mile Per Diem . $ 11.4.00/day Subcontract and Direct Non-Labor Expenses Cost+ 10% • • • • August 15,2008 • • Consulting Engineers&Surveyors • - i • 14 • 3050 Post Oak Boulevard,Suite 300 Houston,Texas7705G �©E D V E tel: 713 423-7300 D LL� fax 713 840.0173 • AUG 26 .2008 — I August 26,2008 • • Dr.James Snowden,P.E. • Snowden Engineering • 2518 Westminster Street Pearland,Texas 77581 • Subject: Proposal for Engineering Services: • Pearland Water Treatment Plant Reservoir Dear Dr.Snowden: • We are pleased to submit-this letter proposal to provide engineering services as a subconsultant r. • to Snowden Engineering as part of the Pearland Water Treatment PIant Raw Water Reservoir project. Based on•our discussions,we have summarized the scope of CDM's.work for this project • as follows: • Preliminary Design Criteria • • CDM will work with Snowden Engineering to develop a Preliminary Design Memorandum for this project to describe the criteria used for sizing and designing the raw water reservoir. In preparing this memorandum,CDM will review the existing geoteclmical report prepared by Terracon to familiarize ourselves with the existing subsurface conditions. In addition,CDM will develop preliminary sizing criteria for the raw water reservoir and related support facilities based j on a 20-mgd raw water contract value. Deliverables to be provided as part of this task include a Preliminary Design Memorandum that summarizes the sizing criteria,preliminary layouts,and • design assumptions for the following facilities: I - ' • n Inlet and Outlet Piping • • Pond Reservoir Maintenance Access Ramps • ti Pond Reservoir Configuration Alternatives la Pond Reservoir Capacities and Corresponding Water Surface Elevations ® Preliminary Pump Station Capacities • • WACORRESPO1Cenonieo120081082608•Pearland WTP fiescrvoir ProposaLdoe Bt26r08 z - consulting•engineering•construction.operations • •1 ° • • 1 i Dr.James Snowden,P.E. August 26,2008 Page 2 • Permit/Regulatory.Assistance An aspect that will contribute to the overall project success is the upfront coordination with TCEQ. By engaging TCEQ early in the process,we are able to get their approval on some of the design considerations to minimize the potential for changes. As part of this Task,CDM will conduct a preliminary meeting with TCEQ to explain the project and to confirm their specific requirements. A site visit will be conducted with TCEQ staff to identify potential constraints that • need to be considered. During development of alternative reservoir layouts,CDM will meet with TCEQ staff to present the layouts in an effort to identify a'preferred reservoir configuration_ As • part of this task,it is assumed that•CDM will conduct three separate meetings with TCEQ staff. Minutes will be prepared summarizing the discussions and decisions from the meetings. CDM's proposed fees for this work total$42,320,which we propose to be.invoiced on a lump sum basis. Attached is a summary of the level of effort proposed for this work. If you have any questions,feel free to contact me at 713-423-7309,or at canonicocg@cdrn.com. •i I 2loT . Chris Canonico,P.E. Associate Camp Dresser&McKee Inc. • cc: Don Cutler;P.E. • i • ' • • • • • • W300RRESPDTanonico12 0 0 810 826 0 8-Pearland WIP Reservoir Proposal.doc 626108 z is 1 _ I Wt19000e0 PDdadPO3P M/61s1N • • • • J 90C'LP$ 0L0'LS - 09 98L'OM 888 VZ EL 0 . 09 0 EL 89 9 99. 61 L ONV I SN8V11V1OL OL9'At aa9'LI OS a1Clq DM0L 0 09 0 LL 69 L SC L ZM6V1'IV1019116 00009- OL1f 0! DIM IL Y •L Y c l Lod98 R01d IIwgnS I$ ' Oaten MIS O! tern 0L 9 t L II spg90 pue sugla6S s0c0uepaOslb1 06C3 OR OS OWLS 0L 0 0 c I spzla0 pue suopooS snoauellaasyl ROES 0010 a! 04'A PL DL 9 L saln1an115 ilpno9l$UJ Puod 00000 MS OS 019't! SS Lt 9 S ueld 60600S•dwnd 121WL�LMe1J 09614 0000 on 03 9E LI 01 1 S L mid allS pwa'0 0W9L! 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Cl L t 1 By10061001Iod we'd OW 09 Oils 00 1 I 0 0 0 0 0 ZS 9 s00lls96y laalold re 9301A830 38VHd A9 VN1801311d tL MBV1 • IMl 1000 2041 10169 . 0,0064 11690 a0dPO4s N 101YW 03W L113 L10 131010313191111 Ling 9 Ma rOYd 9OVM •Id 03 u0Bdpassa 1s91 Msel 22000 P2120923 . 1408003 ME 00 01 Sit' .sot 0St 96 011 COI s91 09t • g0wp131ad101191d lBsodatd ea4•�1tias 3�ddfS uBls8Q L4eUFWlald Jlonlasaa JaleM Me2J ivald lust/qua/Liam ONtl'1ZItl3d d0 A110 C. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way .► • Friendswood,Texas 77546 rCEOVEI. 281.482.9490 FAX 281.482.1294 • { cldavis@cldaviscompany.com AUG 1 5 . August 14,2008 i.. E Mr.Jim Snowden Snowden Engineering, Inc 2518 Westminister Street Pearland,Texas 77581 Re: City of Pearland Project Haddock Detention Pond Site Proposal No.2008-093 Dear Mr.Snowden: Our proposal for land surveying services for the above referenced project is as follows: . 1. Topographic Survey on existing sand pit(Fee includes cross-section of approximately 50'x 100'grid) $6,400.00 2. Topographic Survey on portion of site with Mustang Bayou crossing property (Fee includes cross-section on approximately 50'x 100'grid $9,800.00 Total Amount of Proposal $16,200.00 The following items will be invoiced at cost: i • Reproductions • ▪ Submittal fee(s)to governmental agencies ▪ Delivery service • Electronic Mail • Abstracting 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 $150.00 • Registered Professional Land Surveyor(RPLS) $100.00 • Technical/CAD $95.00 • Three-man field crew $120.00 • Data Collector $40.00 • Clerical • $55.00 is tke 9rt S txte af Texm far ZO il eu rs 2008-093 CofP Project-Haddock Detention Pond Site.doc • • Mr.Jim Snowden Proposal No.2008-093 August 14,2008 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.Jim Snowden Date Snowden Engineering,Inc. - ' • • • • • Sur.Ve in tke 9rt Stxte vfThxsftrZO 2008-093 CofP Project-Haddock Detention Pond Site.doc Tolunay-Wong Engineers, Inc. • 10710 S.Sam Houston PkwyW.,Suite 100 • Houston,TX 77031 • 713-722 7064 ' Fax 713-722-0319 • August 14,2008 TWEI Proposal No.:P08-201 Attn:Dr.James D.Snowden, P.E., R.P.L.S. Snowden Engineering,Inc. 2524 Westminster Pearland,Texas 77581 • snowenclinc@sbca1obal.net • PROPOSAL FOR A GEOTECHNICAL STUDY AND ENGINEERING DESIGN RECOMMENDATIONS FOR CONVERSION OF THE HADDOCK CONSTRUCTION SAND PIT • PEARLAND,TEXAS Dear Dr. Snowden: Introduction • • Tolunay-Wong Engineers, Inc., (TWEI) Is pleased to submit this proposal to provide geotechnical • services and engineering design recommendations for the abandoned Haddock Construction Sand Pit near County Road 48,Peartand,Texas. The sand pit is sited on approximately 57 acres and has recently been acquired by the City of Pearland for potential use as a detention pond or surface water reservoir. Two additional tracts are also located near the sand pit that are currently occupied by Haddock Construction with both tracts containing portions of Mustang Bayou and the American Canal. In response to our meeting and my subsequent field investigation on August 7, 2008, the following outlines our understanding of the engineering services requested by Snowden • • Engineering. In addition, you provided for our review, a previous geotechnical study of the • property performed by Terracon Consulting Engineers and Scientists. The following issues regarding conversion of the sand pit have,therefore,been identified: • Side-slopes associated with the excavation of the sand pit are steep and estimated to be less than 2(H) ; 1(V); • The Terracon geotechnical study reveals that in-situ soils consisted of varying strata of lean (CL) and fat clays (CH) as well as silty sands that were exploited for commercial purposes primarily between 12-and 40-ft below natural grade; • The existing excavated grade of the sand pit is estimated to be 40-ft below natural grade; • The excavation represents a de-watered condition with surrounding borings showing groundwater observations at or below the excavated grade •of the site. However, additional borings that were performed on the adjacent tracts occupied by Haddock Construction reveal groundwater elevations ranging from 13-to 21-ft below natural grade. • • TWEI Proposal No. P08-201 August 14,2008 . Page 2 of 3 • There are several stockpiles of material within the excavation that have not been classified according to soil type. • Slope stability analysis for varying engineering scenarios were prepared by Terracon for potential conversion of the site. Scone of Services It is desirable to verify the soil data presented in the Terracon report and offer engineering design recommendations for conversion of the sand pit. Therfore, we propose the following field exploration, laboratory testing program, and preparation of an engineering report with appropriate recommendations. Field Exploration. We propose to drill two (2) 100-ft deep soil borings along the perimeter of the proposed sand pit to verify the subsurface soils as described by Terracon. A total of 200 vertical feet will be drilled. Drilling will be performed in accordance with the appropriate ASTM procedures. We will obtain representative portions of the recovered soil samples and transport them to our laboratory for testing. We will backfill the open boreholes with soil cuttings after obtaining water-level readings at drilling completion. In addition, we will install a piezometer near the boring locations to evaluate groundwater/piezometric conditions at the site. Finally, the soil stockpiles located in the excavated sand pit will be sampled and.our laboratory will classify these samples in order to determine their soil type and characteristics. Laboratory Testing. We will perform soil mechanics laboratory tests to measure physical and engineering properties of selected representative soils samples. The testing will generally include measurement of the in situ moisture content, fines content, sieve analysis and plasticity characteristics of the soils. All laboratory tests will be performed in accordance with appropriate ASTM standards. We will keep the samples for 30 days after the final report is presented. We will discard the samples after that time,unless instructed otherwise. Engineering Report. Our engineering report will present our findings and geotechnical recommendations for the proposed project,including: • Soil stratigraphy including the depth and thickness of any sand layers and their classification; • Groundwater conditions and controls; • Slope stability analysis; • Lateral earth pressures; • Water supply reservoir construction,side-slope treatment,and liner construction recommendations; • Detention pond construction and side-slope treatment;and, • Uplift conditions • • • • TWEI Proposal No. P08-201 . August 14,2008 Page 3 of 3 • Budget Our not-to-exceed cost estimate for the above-described services is$9,800 and will not be exceeded without your prior written authorization. The cost for the geotechnical study assumes that ingress and egress to the site and access to the site is provided by others. The cost breakdown for the project Is tabulated as follows: 1. Mobilization of drilling equipment and personnel $ 300 2. Drilling,sampling&logging of boreholes and installation of piezometer $5,300 3. Laboratory testing $1,800 4. Engineering analysis,recommendations, and report preparation $2.400 TOTAL $9,800 • Schedule We can mobilize our drill crew within four days after authorization is given. We can complete the fieldwork in two days and Issue our engineering report within fifteen working days after completion of the fieldwork. We can furnish the team with verbal preliminary design • information upon completion of the fieldwork. Acceptance of Proposal If you accept our proposal, please sign below and return one copy to our office. The terms and conditions of this proposal are included in Exhibit A. Closing Remarks • We appreciate the opportunity to submit this proposal and look forward to providing you our services. Sincerely, Tolunay-Wong Engineers,Inc. Harold P. Barber,P.E. • Vice President Accepted by: - Name: Date: Attachments:Exhibit A HPB/tb • • • • • • EXHIBIT A • • r . • h aa ` 1•'fi � +S.� ;y Py , I ,�C 0 i �e7• iOV 'IY MIME ,1 .i {i P '-'. t: ri5•l >� - y'-i t - 4% r ll% •,- 1_,,, % A h r off° S t ',,(„1/4,- ...., „, ' h nF' TEL-(fi`£ " I� '.,° xj • F - dAr7 i.2i, Sc' G `",,..- =may.-. . • SCOPE OF SERVICES • FOR• • City of Pearland Water Treatment Plant Reservoir • - • . • Design 1 of 6 4.Revised 8/14/07 • .I BASIC SERVICES: The Consultant shall render the following professional engineering services to the OWNER in connection with the construction of the Project. . 1. Preliminary Phase Services a. Attend meetings with City & external agencies including County, State & Federal entities, as required, to identify & solicit necessary • information. b. Gather City's existing information . c. Review adjacent projects, current and future, to identify any interplay or impact to or from subject project i. Identify any requirements stemming from this relationship if it exists d. Provide or Procure additional information as required from i. Surveyor & Base plans ii. Geotechnical Consultants iii: Environmental Consultants • iv. Record drawing and/or As-Builts information from previously constructed utilities 2. Prepare Preliminary Engineering Report (PER) • a. Submit 5 copies of the Draft report containing: • i. Executive Summary, Design Recommendation, and review of Design Alternatives ii. Boundary &Topographic Surveys in accordance with City Standards • iii. Draft Geotechnical report with bore location logs and engineering design recommendations to ensure slope • stability of the existing sand pits iv. Prepare 30% construction drawings consisting of preliminary reservoir layout(to include horizontal and vertical control) in • i Design 2 of 6 4.Revised 8/14/07 ' 1 Plan and Profile format. Provide details for side slope reinforcement to ensure further erosion does not occur. v. Preliminary parcel map per additional services Part 1: 1. existing easements &right of way - i ' 2. proposed easements & right of way 3. requirements with owner's information • • 4. parcel owner's information 5. existing improvements • ' 6. existing permanent improvements within 25' of proposed boundary . vi. Identify utility conflicts & notify utilities vii. Prepare a preliminary Engineer's estimate viii. Attend monthly progress/update meetings b. Submit Final Report • • i. Prepare written response to City's review comments • ii. Make revisions to report& resubmit for final approval iii. Submit final report when all comments are addressed 3. Final Design Phase Services a. Prepare final plans, details, specifications and cost estimate in accordance with City of Pearland's Design Criteria Manual (DCM) is prepare detailed construction drawings, specifications and • construction bid packages for the proposed Project ii. attend monthly progress/update meetings at the City • iii. include site layout plan, control plan, drainage plan, grading plan, fill spoil plan (if any) and other design elements as necessary • • iv. provide three (3) sets plans and specifications and estimates to City for review at.60% & 90%; provide written comments/resolution to City revisions/comments Design 3 of 6 4.Revised 8/14/07 I • . v. if necessary, submit.60% & 90% plans to utility company's for coordination of utility relocating; coordinate with City on formal notifications • vi. if necessary;coordinate with utility companies & pipeline companies to identify conflicts & schedule relocations vii. coordinate submittals for review &acquire approvals of all permits including and not limited to: TxDOT, TCEQ, Railroads, USACE, Nationwide or Individual permits (if required) & County Drainage Districts viii. coordinate with private developments & other public entity engineer's for adjoining work/projects ix. prepare bid sets including Plans, Specifications, Bid Proposal, (utilizing City Standard Details + Specs; for details & specification sections the City does not have, submit • proposed supplement specs; Submit to City for signatures x.• prepare Engineer's estimate • 4.. Bid Phase Services i a. Provide Notice to.Bidders (NTB) to the Project Manager. City is responsible for advertising. b. Reproduce and disseminate bid sets to Dodge, AGC, ABC, Amtek and (2) two sets to the City[PM (1), Purchasing (1) and interested bidders] • c. Distribute (including the sale of) plans to interested bidders • i. Keep record of plan holder's list d. Chair pre-bid meeting and attend the Bid Opening e. Respond in writing to questions from bidders and prepare addenda ' as necessary. f. Assist with design of Bid Proposal g. Prepare Engineer's Recommendation of Award Letter that includes the following required content: • Design • 4 of 6 4.Revised 8/14/07 • • i. Check for math errors and reconcile any mathematical • discrepancies ii. Review for unbalance bid items • iii. Certified Bid Tabulation including Engineer's estimate iv.. Review of contractor's financial standing and references provided v. Explanation of discrepancies between the Engineer's estimate and bids vi. Recommendation to award 5. Attend City Council meeting and recommendation for award of Contract • for Construction. 6. Produce and transmit to selected contractor five (5) sets of project manuals ready for execution with City's Notice of Intent to Award (NOI) 7. Construction Phase Services • a. Construction Administration i. Attend pre-construction meeting to provide information & answer questions • ii. Attend monthly progress meetings with Construction Manager, Contractor& City of Pearland as needed • iii. Review/approve & comment on Contractor's submittals, RFIs, Contractor Proposals, Request for Change Orders (RCO) including coordination with Construction Manager on Proposals & Change Orders iv. .Provide interpretive guidance for Contractor, Construction • Manager in resolution of problems • • v. Conduct Substantial Completion•Inspection with CM or PM • i to: 1. review progress of work for Substantial Completion • • walk through • 2. generate a punch list of items for correction 3. substantiate items that are completed Design 5 of 6 , 4.Revised 8/14/07 4. issue both Certificate of Substantial Completion (signed/sealed from Design Engineer) & Final Acceptance or 2nd walk through • • • vi. Issue Final Completion &Acceptance letter to City • recommending acceptance & release of final payment • • vii. Coordinate contractors, CM/CI to provide complete record of As-Builts Drawing • viii. Within thirty (30) days after receipt of As-Builts from the contractor to the CM, the project engineer shall provide to the City one (1) set of full size reproducible record drawings, an electronic file copy (PDF format) and an AutoCAD file • (.dwg), or compatible .dxf file Definition: • 1)As-Builts "redlines": Contractor's record of field changes to the work in line, •grade & elevation _ 2) Record Drawings: Engineer's incorporation of contractor's As-Builts . - i • • I Design 6 Of 6 • 4.Revised 8/14/07 • • nmo oon j ft/ „It-, ,1,--.- , �1, ' _ :08-... --L,,--:.,etj:'',, .i.,- .,--- „.7,--, ,-,,,, ,-—;77) ,, -61 �a a- 4- 4, r__E X=;A S �,� , is� c;'Q PROFESSIONAL SERVICES NOTICE TO PROCEED October 28, 2008 Dr. James D. Snowden, P.E., R.P.L.S. President Snowden Engineering, Inc. 2524 Westminster Pearland, TX 77581 Re: Engineering Design Services for the City of Pearland Water Treatment Plant Reservoir Project No. WA0812 Contract Amount: $300,355.00 Dear Dr. Snowden, Enclosed, please find one original of the executed contract for Engineering Design Services for the City of Pearland Water Treatment Plant Reservoir Services. The City has assigned Project Number WA0812 and Purchase Order Number 090494 to this work, which should be referenced on all correspondence and invoices pertaining to this project. In accordance with the terms and conditions specified in the Contract for Professional Services for the above referenced project and as directed by the City of Pearland,you are herewith issued Notice To Proceed as of October 28,2008 to complete the Preliminary Engineering Report as specified in Section I of the Contract and further detailed in the attached Exhibit A of the Proposal. Once the City staff has recommended the alternative for the site improvements, Snowden Engineering, Inc. will be issued an additional Notice to Proceed to develop the construction package. Payment shall be made in accordance with Section III of the Contract and as further specified in the Compensation section of the Proposal on a not-to-exceed basis. Please return the attached Acceptance of Notice to Proceed to me within five (5) days of this notice. I have scheduled a Kick-off meeting for November 6, 2008 at 11:00 am in the Training Room at the Public Works Service Center at 3501 E. Orange Street. If the time for this meeting is not convenient for you or if you have any questions regarding this communication or the instructions it contains, please contact me at 281-652-1821 or tbattenfield@ci.pearland.tx.us. Sine rely, AeA-u--1,e s e-f eresa Battenfield, P.E. Assistant Director, Projects Department Attachment:ACCEPTANCE OF NOTICE TO PROCEED ORIGINAL EXECUTED CONTRACT 3519 LIBERTY DRIVE • PEARLAND,TEXAS 77581-5416 •281-652-1600 • www.ci.pearland.tx.us :t Printed on Recycled Paper ACCEPTANCE OF NOTICE TO PROCEED FOR COMPLETION OF THE PRELIMINARY ENGINEERING REPORT Project No. WA-0812 City of Pearland Water Treatment Plant Reservoir Firm: Snowden Engineering, Inc. Contract Amount: $ 300,355.00 Notice to Proceed For Completion of the Preliminary Engineering Report with Start Date of October 28, 2008 Receipt of the foregoing Notice to Proceed for completion of the Preliminary Engineering Report is hereby acknowledged, understood and agreed to by: (Name) (Title) (Consultant) this day of , 2008 cc: Irent_Epperson CSO atsolt tionc#R2008-d3 ) File with Project#WA-0812 Exhibit"A" Resolution No. R2008-131 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on October 13 , 2008 by and between the City of Pearland ("CITY") and Snowden Engineering, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as City of Pearland Water Treatment Plant Reservoir Planning and Analysis for Site ("PROJECT"). (Project# WA0812) SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall design interim improvements at the site in preparation for the eventual installation of the Surface Water Plant. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design I of 6 14.Revised 7/25/08 F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Design 2 of 6 14. Revised 7/25/08 G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. • SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end in 24 months. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly for the basic services and lump sum for the additional services. Total compensation for the services performed shall not exceed $300,355.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to approval of the preliminary design 30% plans, payments to the CONSULTANT shall not exceed 50% of the total CONTRACT amount. 2. Prior to approval of the final design documents, payments to the CONSULTANTS shall not exceed 75% of the total CONTRACT amount. The final approval and payment will be made within a reasonable period of time regardless of the project construction schedule. 3. If the scope of work of this CONTRACT includes the preparation of studies, design concepts, or other investigations, progress payments shall not exceed 50 % of the total CONTRACT amount prior to submittal of the final report deliverables. Design 3 of 6 14. Revised 7/25/08 • C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall • monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2524 Westminster, Pearland, Texas 77581. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15`h day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be Design 4 of 6 14. Revised 7/25/08 proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Design 5 of 6 14. Revised 7/25/08 • SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this13 th day of October 2008. teat ____ CITY OF PEARLAND, TEXAS Bill Eisen, City Manager nowden Engineering, Inc. Design 6 of 6 14. Revised 7/25/08