R-2012-137-2012-10-08RESOLUTION NO. R2012-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE SHADOW CREEK RANCH PARK PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the
Shadow Creek Ranch Park Project, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for engineering services associated with the
Shadow Creek Ranch Park Project.
PASSED, APPROVED and ADOPTED this the 8th day of,9ctober, A.D., 2012.
ATTEST:
APPROVED AS TO FORM:
NGHIEM V. DOAN
DEPUTY CITY ATTORNEY
Gysti
TOM REID
MAYOR
Resolution No. R2012-137
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on ‘if o%x D2 a0/a, , by and between the City of
Pearland ("CITY") and Cobb, Fendlev and Associates, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Shadow Creek Ranch Park, Ph I ("PROJECT"). (Project # P20002)
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 provide professional services in connection with the
design of the proposed Shadow Creek Ranch Park Phase I. 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 D1. Revised 2/10
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 CON 1RACT,
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 D1. Revised 2/10
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 after final acceptance of the
construction project.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum for Design
Engineering Services and hourly not -to -exceed for bid phase and construction
administration services. Total compensation for the services performed shall not
exceed $649,748.50.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to approval of the schematic design 30% plans, payments to the
CONSULTANT shall not exceed 30% of the Design Phase CONTRACT
amount.
2. Prior to approval of the design development documents, payments to the
CONSULTANTS shall not exceed 60% of the Design Phase
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 90% of the Design Phase CONTRACT amount prior to
submittal of the final report deliverables and 90% plans.
Design 3 of 6 Dl. Revised 2/10
B. 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 13430 Northwest Freeway, Suite 1100, Houston,
Texas 77040. 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 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
Design 4 of 6 DI. Revised 2/10
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 CONSULTANT
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 Dl. Revised 2/10
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 day of , 2012.
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CIT'' OF P `'ARLAND, TEXAS
Design 6 of 6 D1. Revised 2/10
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Cobb y •
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September 14„2.0)1I2
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M's..Cara Davis, PMIP
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Project:Manager •
City of Pearlandl
35119 Liberty Drive
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Pearland,,Texas 7758111
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Re:: Shadow Creek Ranch Perk;,Phase II-•Fee Proposal for Professional!Services
Dearr M'sL. Davis::
Cobb,, Fendley & Associates, kris. is pleased to) present. to) the City of P'earlandl the
attachedl proposal) for professional services in) connection with the, designs of the
proposed) Shadow Creek Ranch Perky, Phase IL, We Zook,forward to the opportunity to)
works with the City on thin exciting project:.
Please feel)free to)contact:me)with any comments, or questions that:your may have with
regarde>to this proposal).
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Si'ncereily/„
COBB}„ FEND:LEY &.AS8OClA\TE:S„ INC..
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CharlesML.Eastland„ RE..
Principal!
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Attachment:
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(
13430 Northwest,Freeway,Suite 1100 I Houston,Texas 77040 1713.462.3242 I fax 713.462.3262 I www.cobfen.com
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EX.HIBITA
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ARCHITECTURAL.:&ENGINEERING S:COPE OF SERVICES
.SHADOWOREEK RANCH!PARK-PHAS.E 11
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BASIC SERVICES
ProjeetManageMentandeiVilErigirteering Setviees
Gerierit
. 1. PF.9.paromprchp.r41Y0...19N.i.Opt cksigrysateclak:a4dinaintain throughout the
2 Attendproject::.kiektoffinceting and tenthly project meetings,-..hringing aaberziaatr1000.ap;
lilt Pi.OgrariarningPh*e
3 Facilitate meetings with, City staff and external.agencies including County,.**,and Federal
entities having authority over the project, as Teggited to itteht4,,, and solicit necessary
information and'reqwrenients inelnditigapte4leVehipthent.Meeting.
4 Goheir,existing information from the City partietdar.to the,.project such as record drawings
and/or As-Built from previously constructed private projects, public utilities and
public infrastructure as from
a. Survey and Base plans
Consultants
c. EnVireintietitatConatiltarts;if reignited
d.. gee*drawings and/or AO;(41h106.071410Trifop:prreVibp§1Yeox61.rtipt04 private
projects,public utilities,public infrastructure
e. Planned pnblic infrastnicture,
f External ir agencies and/or authorities
.g,, ciity par.ks,04,0tropot
5.. Obtain Boundary and Topographical Survey for thg:pF9pcFty'firp...qr Weisser Engineering.tSee.
Additional l$erNifecO. Review,survey and City to.,arlyjasnesfound.
Obtain a Phase I EnVironnientall Site Assessment from Terracon (see -Additional(
;S:erViceS),.
Obtain annpdated Wetlands Delineation from Berg Oliver(see Services):
Coordinate w/Architect in thedOelOpinent.Of a comprehensive Site plan as it relates tee traffic
flow,drainage;:andutilitiesi.consideringthedltirgate development.ofthepairk..
9. Onnrclia4P,mit.ilifp.1i4gct.to.develop coneepts.forfieodplaininatiagernerit•along,Cleat Oeek..
111 aehernatieDesign Phase
1.0. Facilitate Meetings with City staff-and facilitate discuSSiOn of park prograriuning, reignited
utilities-drainage,and traffic needs to develop.Schematic Design Documents
11 Prepare preliminary site.p1ar:of Phase I of the park.
12. Prepare site plansforthebasehattfields.
33 Prepare site plan for the soccer field.
14. Prepare paving layonts for roadways and parking lots, including the.temporary road to.connect.
to Kingsley Blvd if shown to bewarranted by thp'11.A-resalt.s.:
15. Prepare preliminary grading and drainage plan
16 Prepare preliminary pp4rgrpurictlt111fiesplap.
17. Prepare-existing conditions-drainage analySis.
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41.iadOW Creek.lanch Park,.PhOe
September 4r- ey
Page 3,-01
18. 'PreparepropoSed cOnditionsidiainago.analySis.
19 Prepare preliminary storm water detention ponddesign
20 Obtain', :geoteplinicat., 0.:from Terracon Additional Services) whieltTecconmend
buildingfoundations and' Review report and alert City, of any issues fnithd,
entirdinate',*rae.tatalia*:telatedpthe;:de$Igir...
21:..Conduct Traffic Impact 01110.and Warrant Study Review TIA report and
22 alertilieCity:61:anyASSitesletindl.IiitOrporate:findiagsintbIliedeSign,
COOrdinat4#ithWe*Of'4giagertniOn.:the'PiOitatic0 of a preliminary plat for Park Site No
Ii as defined'0p.4:e?04i*prppg.0[15y.-01'A404proN09crtt.tk.0itk(4-00114n4L-
23 COndget meetings withi)1EillY4.and ACFC0to;d10easS...drainage:Concept .
24,Coordinate Withpriyatentilities;,atieserviCoprovidersk
25 :'Siiqvit-5chem4tiedetigntpaelOgeto agencies
26.,AttendteVie*meeting.iyt City.staff•
27. Respond tO,reviewcOnunerits..
0..c4gTH(0g.t9pEr4p4t::.11ia..w,
FaoitiOtt,meetings4itlyCity Staffitto,develOpE.reSigit DeVelOpitent Documents.
PrepareOvOraitaftelplansv.
Prepareite:$tading.atidi difai000piitits;d0titlik,and specifications
311 Prepare traffic design for.new:4ign011.pry Shadow Creek Ranch,Parkway in compliance.
with TOOT 40.1.04;74,
32 Prepare underground utilities p1ans details,and'.sp,oeitleatibtis.„
;33'. Prepare storm,Water detention'pohdPlari$4etaiiii,atid4tgcifiotion$.
34..Review.requirements of the governing drainage entity (BD1:04.or :HCFCD),.. Identify any
requirements that may ii-08.9t,the44dtifigp..ostettileffig-,cotrteiiipfatedi.
35 Prepite:MitigatiOniign..andr0000 foioopioo§ tte004iti0001-),401 ensure no impacts
.36.Identify utility conflicts WOO•pOivAto other p1461i.P., utilities,, submit plans to., all affected
entities andLorganiie :And .ohair a' Utility Relocation' Conference to coordinate 1700460a
scheduleandeffOrts,
37 Coord mate final'utility pl .ns,inelndingpahlie4ndpriVate,$efvfee connections.
38 Submit design'development papkagetocity*d:ofhot,:4016ie-s.
39 Attend review meeting wl City staff
40, Attend epordinOinn 13IDE4 and HCFCD
Respondfoiteviewonmments.
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V. Qonstrtietina Documents Phase.
.42', FinaliZeoveralisiteplans;detailk and specifications.
43. Finalize site grading arid drainage.Plans;d'etaila,and.apecifiCatioas..
'44: PinOliztrAfti6- igr*C.1084,aticksePPFP;Appn3VOs::trogilki).0:.
45. Finalize andergrOundntilitiesOlAns,:40talKand specifications;
46. Finalize Winn waterdeteritiOni pond:plans,details,*idspeCificatiOris.
47. COOrdiiiate:wt WeiaSetEngineeritigOtpthe,coinpletion,of Platting and record Plat in Harris.and'
• Bia2ciria Counties.
48,. Complete final coordination with'private utilities and service providers.
49 Submit Construction Documents:,Paekage.
.50. Attend review rneciing,i as needed,
51. Address final-OortinientsItOrn the'City and etlierggencies.
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ShadowCreek ilanch Park,Phase.'
Cobbil7ell. dleY
5eptetriber : 012-
Page 4:01
52. Coordinate w/Berg'OliVerto get.IinatapprOVatort Nationwide Pertnitlorra-USACEfeeoutfaill
to Clear Creek
53 Acqatre approvals from the City,BDD4,RCMP',and TxDOT
54 Acquire signature of dity,Oigiiiect-ancreBQ
55Submit piatis, to. Texas Departinent.Of. Licensing .And .Regulation (FDLR) .or Registered •
Accessibility 4ecialitt,(R0)11Or accessibility review
56. .Prepard:bid'setsfor diStribUtiOn ViattieCity,'S*bid Vatenr. Bid sets shall!be PDF flea:not to
exceed 20mb ,. Files should be separated!bY*0040',
VI.. Bid Phase:
55 Provide Notice BitiderSOTE9ItolheProjeet_iganager irvgt.el'Octroriit ferrpi-4proptiate.:.firr
the eliid ayatern.format:City iSreaPOnaiblefOtatiVertisirig,
56. Provide electronic copy of hid-ready planstOthe,Projectitlapager forte e:hidaystent,
57 Chair PrOidineeting:and attend:thePid9pcning
58 Respond in writingioqpesjiptpfrom,t.jdflors.anxiiprepare addendaas ncePW.Ty..
59 Prepare Engineer'S Recommendation of AwardLatothatittelndestlief4ifoWittgrequited
conttrit.
a.. Review for utibalance!biditeips
Review of contractor's firiapeid standing and!references provided!
pcp104104.044.09papcic ;iiptwOolf*Oefigee*,041rpatc:Aoclij*j§;
Recommendation to award
011- Attend City Council meeting.and{recommendatiorfotawardfof Contract for COnstruetion.
61.. Produce and transmit to setOtted.00nfoOtoffi*ds(0$0.5::ofOrojpottlatigAlk,ready for execution
*with City!SNotice of bitont:to Award(NCO..
62'.. Provide two plan sets to the City(pnefor•PurelioOng anct.ohe.for Project_Manager)and five
plan sets ta:the.COntractor as;part of the award!proceas,
VII. 0:instruction AdMinistration.Pftaae
63. Attend Pre-COnstriiction meeting.and monthly construction progres§',raceting§ and
pedtiogs;08:thp,needarirSOS(np-toO)total meetingS)during.00nstruction-phase..
64 keyieWi log.and!approve submittals, shop thawings, Request for Information!, etc.. using the.
.City'ofPearland ProTrak:sy,stent
65 Review Construction Materials Testing reports •
60 Review and approve applications for payment using the eitf s.,Pro?..-,Trak system..
67. Coordinate. :with. Construction Manager or Project Manager. on all Request for 'Change
PrOpoSalS,:Change:Orders;:etc..in Pro4rak..
68. Participate in Substantial .Completioni Inspection,, coordinate with Construction
Manager/Project gariogo.to create .punch list, substantiate that 'Reins noted are completed,
issue Substantial Completion certificate,.
09, Prepare Record Drawings for the Project from.Contracteras-builts.
1.9.. Attend Final Acceptance walk-through to verify satisfactory completion of punchlistiteins,
71. Reviewlod Approve,O&M Manual Submittal's.
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Shadow.Qreek RanCh Park,Phase 1 CobbFendley.
$,epternhet 14,2012
Page.5:of 7
ArehitettitralSerOiCes
SeTylees.proyided would include complete landscape.architecture an sfiwtOtalt,:mgchatIkat,
-platribing,f agd-c,ivitilosign.-sp,ryibes:as:needed.In add1004k felle)ving,sergibes Witt beinchaled.
L.Pregttittniing PhaSe
L Facilitate meetings with City staff and WOW agencies inolnding County, State,.andi.Fed6tail
entities having authority over as required,. :and solicit :pqce*ary
intOppation.and requirements,*hiding a!prelleyelornept.matjng.
2 Coordinate w/ Civil Engineer to create a lao:planjtarlhe park mi aceodnam:witii.the Parks;
Master Plan,.Unified bovolopmoat..todp,,(104,sitentil(tlits;:taeilitleitndl drainage planning
attiroplannec(ptibtit:infrastructare should also be considered millie design
3 COnfliinilheProgFatnot Spaces for p#14aad:andassociated!gtOrti*.s.
Develop' basic corripOnehis of park building program'and coordinate with Civil!Engineer
with ir6001fo#4,TO'Pla*lif*
5 Providea schematic cost estimate and!conceptual project schedhl
Prepare and submit three(3).aett ofthe Land Plan program'of and!adjacencies;layout
forrevinw-and'apptovall.
ff.Selimntk Design Phase
77.• Atlend meetings wi'th! City staff and facilitate discussion' of park.programming,, well! as
hnilding,crite04,fOrthe Fopesed buildings and!amenities8.. Review design:.against spplieable‘,City standards and!.gaidelinew.tottleSigrutiPailk..Maistet.
Criteria' Manual,r and Ilnified:00.010nidaQede))and provide design that meets;city
eddies,.
Work with Engineer to develop laypat.forbaseballifieldS„1411414 lighting
l0 Work iividi.CiOtErigineer.tadOvOlOpa layout for socoettfold and appurtenances.,
courts
1!2' Weec..wit4:0*111 Fngineerto'doCtopi laypoond:OtailatOt the frail!system
113., 1)overop.designs for lawn amphitheater and poiliOn.. •
14.. Develop'designs for cOrice8sioltOstroorivf*iii:tiOp.
Develop designs for playgirourid.,
116• Develop pi7clintinatylandscape,poncepts,. •
DevelopOrerimingy Otp•: jgr,i4gdiostictp-t5 •
1!8,. Prepare Schematic Design wort,.
Submit SehatnatieDesignpackaget&CiibbFentlibyta'assernble fait'anhthittal.
20▪ Attend review meeting with City staff to discuss eminent:,
21. Respond in writing to all.City comments on plans and specifications and incorporate changes
into,the:60%.subitilttal.
111..Dps1.01.13,pArOoppic0Phw
22. Rgyelop,designs and specifications for fencing and lighting at 1?asebatl,fiel
23 Develop designs and specifications for soccer Eat appurtenances..
24. Develop•designs and specifications for Veill0b,allepaittt-od1-40urtehatices:
25. DevelOg.designs-and•VecifiCations•for kivir.pinphitligOter011:pa8ijito.,
26 Develop designs and specifications for tbe:contesSiorkwi!rcStrOciplfacilitips,
27▪ Develop designs 4n4;!1*ific.4..i9n5..fgrlhc:playgroandapdcsinint.
28. Develop designs and.appoifications for the site:landscaping and irrigation
29. Develop:designs.and:spedifications.for'Site slignage for the paiTk facilities.
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ShadoW,Creelt&mob Park Phase I C()bb Fendley
'September 14,2012...
Page 6of 7
PrepArc Desigri DeVelopthent Report.
Design Development package to CobbFendley to assemble full i submittal.
37,.Attend review meeting with City staff.
33;. Respond in y"riting:td*1 City comments on plans and specifications and incorporate,changes
intOthe90%:--stibttiitte.
ConStrUctiOnDoCUnteritSPhose
34 ftelj"4*0604qtiOO.I31a4 404 specifications for fencing and lighting at baseball fields
35 Prepare construction plans and specifications for soccer field appurtenances
36: Pi.cpArP:c.cStmctiOtritilnsand specifications for courts and appurtenances.
37. Prepare construction and specifications,for lawn amphitheater and pavilion.
Prepare constructiOWplaris,Andspecificationfor ooncesioniiro4ttoornficititiOs.
39' P• repare construction' and specifications for and equipment
40• Prepare construction plans.andipecificationsfor site landscaping.and!irrigation
411-Pir0#e'00.49ifcii!"040 •4n0PPOPifi6E4ionsi-fgr site signAgg,
42. 'S Submit COnStructiOn.riocumentsPacoge to CohbFendley:to assemble full submittal
Attend!review meeting,w/City staff as necessary,
44,Respond to comments from the City:
Stibrnit final the City forapprovalL
V.,.Bid!ptinsc,
46 A#L7POVir ,NOncolfor.enee,
47„ Respond in'writingloquestions from bidders:
Ai lip preparation a-addenda:a:3.neceSsary.
Vt.cOnstiMetionAclininitratieir Phase,
•
491 Attend PN-Oonstruction mooting and rogninr construction progress.Meetings at intervalto be
discussed'and agreed upon with the Project Manager
50.Review,tog and approve:submittal's, shop drawings, Request for. Information, etc. using the
City of Pearland'Pro-Tiak system.
511 PartieipOte, iit Substantial Completion Inspection,. cooFctinate. with Construction
Manager/Project Manager to create punch list, substantiate that items noted are completed,
issue Substantial'Completion'Cortificate.
52. Prepare Record Drawings for the.Project from Contraotor
Shadow Creek Ranch Park,Phase 1
Septeraber 14;2912 CobbFerid ley
Page'7-of 7
ADDITIONAL.SERVICES
Stitvey-and Platting(Weisser Engineering)
a, Title:".$MTvey
b. TOpographicalSurvey
Subdivision'Plat(Weisser Engineering)
a. Prepare one fmi ha ry and final recordable subdivision plat of the subject tract in'accordance,
With the requirements Of the City of Pearlartc11,,krazoriaCOunty,.and Flarris County gee
Attached PrapeSal,
C. Phase 1EniTonment&I Site Assessment(Tetracon.COnsultantS)
Phase D.EnVirenniental'Site Assessment consistent With the progpcfpre ; ASTM E
1157-1115, inelnding,tecordS researdr,,site reconnaissance,and report preparation for the subject
.tract. ...$0e.At0e1):40-ProPPsat
D. Wetlands DelineationIUSACE Perinitting,(IfergOliVer Associates))
a. Prepare nit updated wetland S delineation to'a wellandS delineation prepared!by Bog Oliver in
2005,
Prepare NatibmVide Permit 7 application for newoutfull(s))for the park project and coordination,
with the-USACE for approval!of the application
Geotechnicall Services;(lrerraccnt Consultants)
a. Conduct field!operations,laboratory testing,And prepare a Cleotechnicall Engineering,Report
with recommendations for site amisubgradepireparntien,foundation'deSigit arid construction,
and pavement design guidelines for the constructiont of a.pavilion!,lawn'amphitheater;soccer
liek4.Six volleyball courts,.eight baseball/Softballl field ,parking,area'"A";and!associated'
ciriYeWaYS',
WindStoim Certification
a.. Perform Windatormi Inspections-and Certificationsoa the concession Stand trestroom facilities
andl pavilion structure inaccordance.with TWIA requirements,
RANDALL+PORTERFIELD
ARCHITECTS
ARCHITECTURE
565 FM270 North
RANDALLt PORTERFIELD League CitSi;TX 77573
ARCHITECTS, INC_ 261-332-6680
- ' Fax: 261-31676920
PROPOSAL FORARCHTTECTURAL SERVICES
September 27,2012
Services provided would includOlandsca.pe a.rchifeCture,irrigation,structuralrmechanical,electrical,
plumbing,and Coordinate with separate consultant,CobbTendley,on civil design servicesas needed.
In addition thefollowing services wrIlbe included.
I. Prograniming Phase $20,415
1. Facilitate meetings with City staff and external agencies including County;State and
Federal entities having authority-aver the project,as required,to ideirti6r,and solicit
necessary-information and requirements,including a pre-development meeting.
2. Coordinate w/CiVil Engineer to create a land plan for the parkin accordance with
the Parks Master Plan,Unified Development Code(IJDC),site utilities,facilities and
drainage planning. Future plannedpublic infrastructure should also be considered
irrthe design.
3. Confirm the Program of Spaces for parklandand associated structures.
4. Develop basic components of park building programand coordinate with the Civil
Engineer with regard to traffic planning
5. Provide a schematic costestimate and conceptual project schedule.
6. Prepare and submitthree(3)sets of the Land Plan,program of spaces,and
adjacencies layout for review and approval.
II.Schematic Design.Phase $41,310
7. Attendmeetings with City staffand facilitate discussion afparkprogramming,as
well as building criteria for the proposed buildings and amenities.
8. Review design against applicable City standards and guidelines for design_(Park
• Master Plan,Design criteria Manual,and Unified Development Code)and provide
design that meets City-codes.
9. Work with Civil Engineer to develop layout and details for the trail system.
10. Work with Civil Engineer to develop a layout for soccer field and appurtenances.
11. Develop layout for volleyball courts.
12. Work with Civil.Engineer to develop Layout and details for the trail system.
13. Develop-designs for lawn amphitheater and pavilion.
14. Develop designs for concession/restroorn facilities.
15 Develop designs for playground.
16 Develop preliminary landscape concepts.
17. Develop preliminary site signage coneepts.
18. Prepare Schematic Design report.
19. Submit Schematic Design package to CobbFendley to assemble full submittal.
20. Attend review meeting with City staff to discuss comments.
21. Respond in writing to all City comments on plans and specifications and incorporate
changes into the 60%submittal.
2ANDALL-1-136RTERFIELD ARCHITECTS,INC.
11 Page
565 FM 270 North
3 . RANDALL+PORTERFIELD League City TX. 77573
ARCHITECTS, INC.. 281-332-6680
I Faz281-316-6920
III.Design Development Phase $71,800
22. Develop designs and specifications for;fencing-andlighting.at baseball fields.
23. Develop designs and specifications for-soccer field appurtenances.
24. Develop designs and specifications for ;courts::and appurtenances.
25. Develop designs and specifications for lawn amphitheater and pavilion.
26. Develop design:.and specifications for concession and restrooi;facilities.
27. Develop designs and specifications for the playground and equipment
28. Develop designs and specifications for site Iandscapmg and irrigation
29. Develop designs and specifications for site signage for the park facilities.
30. Prepare Design Development.Report
31. SubinitDesign Development packa ge to CobbFendleyto assemble full submittal.
32. Attend review meeting with City staff.
33. Respond in writing to all City comments on plans and specifications and incorporate
changes into the 90%:submittaI.
IV Construction Documents Phase $60,480
34. Prepare.constrtIction plans:and specifications_for fencing and lighting at baseball
fields.
35. Prepare construction plans and;specifications for soccer fields appurtenances.
36. Prepare construction plans and:specifications for volleyball courts and
appurtenances.
37. Prepare construction plans and specifications for lawn amphitheater and pavilion.
38. Prepare construction plans and:specifications for concession/restroom facilities.
39. Prepare construction plans and specifications for playground and equipment
40. Prepare construction plans and specifications for site landscaping and irrigation-
41. Prepare construction plans and specifications for site signage.
42. Submit Construction Documents package to CobbFendley to assemble full submittal.
43. Attend review meeting w/City staff as necessary.
44. Respond to comments from the City.
45. Submit final construction documents to:the City for approval.
V. Bid Phase. -$6,070
46. Attend Pre-bid conference.
47. Respond in writing to questions from bidders.
48. Assist:in.preparation of addenda as necessary.
VI.Construction Administration Phase $40,410
49. Attend Pre-Construction meeting and.(22) construction progress meetings at
intervals to be discussed and;agreed upon with the Project Manager.
50. Review,log and approve submittals,shop drawings,Request for Information,etc.
using the City of Pearland Pro-Trak system.
RANLL FPORTERFIELD ARCHITECTS,INC. ----------
DA 2IPage
565 FIU1270;North
RANDALL,-PO'RTERFI ELD League City,TX innARCHITECTS, INC: 281-332-6680
Far 281-316-6920
51. Participate in Substantial Completion.Inspection(2)meetings,coordinate with
Construction Manager/Project Manager to create punch list,:substantiate that items.
noted are completed,and issue Substantial Completion Certificate.
52. Prepare Record Drawings for the.Project from"Contractor.as-builts.
Architectural Services: TOTAL$240,485
Reimbursable Expenses: TOTAL$ 8,500
See attached level of effort spread sheet Exhibit B-2
This proposal scoFe is based on an 8%fee on approximately,f 3)million dollars of construction
value for the architectural components of this project as described in the above line items. .This
architectural fee includes the structural worktwi hwindstoim), kitchen consultant for concession
area,basic landscape,.irrigation and MEP Engineering for buildings"andsite lighting"-including.
playing fields.
The proposal does not include any LEEIY services for certification.
Sincerely,
September 27,2Q12
Bob ;andall Date
RANDALL+PORTERFIELD ARCHITECTS,INC.
31Page
WEISSER ENGINEERING COMPANY
SURVEY & PLATTING
•
6 WEISSER
Engineering 9 Co.
9
19500 Park Row,Suite 100•Houston,Texas 77084
P.O.Box 219315•Houston,Texas 77218
Phone(281)579-7300•Fax(281)828-0055
September 27,2012
Cobb Fendley&Associates
13430 Northwest Freeway,Suite 1100
Houston,TX 77040
Attention:Charles Eastland, PE.
Phone: 713-462-3242 Email:ceastland@cobbfendley.com
RE: City of Pearland 65.23 acre Shadow Creek Ranch Park—Sports Facility Survey
Dear Mr.Eastland;
Per your recent request,Weisser Engineering Company is pleased to propose the following professional
services and related fees for the above-described property:
1. Boundary&Topographic Survey
a. Control Survey:Set and tie horizontal and vertical control into City of Pearland Monumentation
System.
b. Topographic Survey Survey will include at a minimum:Cross sections at 100-foot intervals
and all critical locations,cross-sections at 100-foot intervals of Clear Creek including shoreline,
creek width and depth for the project area,ditch flowlines,culvert flowlines,sizes,and material
types,driveway locations and pavement material types,tree location(protected trees only)
description,and size,wetland staking for any on-site jurisdictional wetlands(if any),fence
lines, location of any improvements located within the right of way.
c. Right-of-Way Boundary Delineation:Field Survey to locate monumentation and professional
surveying calculations to sufficiently to delineate the right-of-way boundary lines along the
project route.
COST:$33,800.00+any applicable state sales tax
2. Subdivision Platting: Drafting,meetings with City of Pearland Planning Department,submittals to
appropriate private and governmental entities,preparation and submittal of applications,obtain
approval letters and recordation of plat(excludes reproduction fee to provide copies to all City and
County departments).
COST:$5,500.00(non-taxable)
We would request,if possible,that the following expense items be provided by the Client directly:
City of Pearland Preliminary Plat Submittal Fee:
a. Plat-$600.00 base fee
b. Additional fees($30.00 per acre)-$1,980.00
c. Total amount of$2,580.00(check made out to the City of Pearland)
City of Pearland Final Plat Submittal Fee
d. Plat-$600.00 base fee
e. Additional fees($30.00 per acre)-$1,980.00
f. Total amount of$2,580.00(check made out to the City of Pearland)
Tax Certificate-$10.00 each
City Planning Letter—approximately$500.00
Harris County Recordation Fee-$60.00
Brazoria County Recordation Fee-TBD
We appreciate the opportunity to provide this proposal. If this proposal is acceptable,please execute and return
one(1)copy to our office. If you have any questions or comments, please do not hesitate to call.
Sincerely,
Weisser Engineering Company
Walter P.Sass,R.P.L.S.
I hereby accept the above stated proposal and authorize Weisser Engineering Company to perform the above
surveying services. I agree to provide payment for said services within thirty(30)days following the date of
transmittal or at closing,whichever occurs first.
Signature Printed Name Date
WPS/srb
19500 Park Row,Suite 100•Houston,Texas 77084•P.O.Box 219315•Houston,Texas 77218•Phone(281)579-7300•Fax(281)828-0055
•
July 23,2012 etracon
Mr. Charles k Eastland
PrinCipal
Cobb,Fendley:&Associates,Inc.
13430 Northwest Freeway,Suite 1100
Houston,Tent 77040
Telephone: 713462-3242
Facsimile:- 7134624262
ceastlancleCobfett.com
RE: Proposal forPhate I Envircinrilental Site-Attetsment
City of Peariandl Shadow Creek Ranch Park Project
Northwest Quadrant of Shadow Creek Parkway and Kingsley Drive
Pearland,Brazo!ie and Hams Counties,Texas
Terracon Propotal No. P92121223
Dear Mr, Esttland:
Terracon Consultants, Inc. (Terracon) appreciates the opportunity ft) submit this proposal to
Cobb, Fendley&Associates, Inc. (client)to conduct a Phase I Environmental Site Assessment
(ESA)of the above,referenced site.
1.0 PROJECT INFORMATION
We underttand the site (Phase I) contists of approximately'6523 acres of undeveloped land
boated within the northwest quadrant of Shadow Creek Parkway and Kingsley Drive in.Pearland,
Brazoria and Harrts Counties, Texas, If this is riot accurate, or if you have additional useful
inforrnatiOn, pleate iriforni Oat sOOri as•pottible,
20 SCOPE OF SERVICES
2.1. Base Phase 1 ESA Services
The ESA will be performed consistent with the procedures included in ASTM E 1527-05,
Standard Practice for Environmental Site Assessments t Phase I Environmental Site
Assessment Proces,s.The purpose of this ESA is to astist the client in developing information to
identify recognized environmental conditions(RECs as defined below) in.connection with the
site as reflected by the scope of this propotal. If modifications to the scope of services are
required, please contact us tO discuss proposal revitions.
Terra=Consultants inc. 11545 Graylings! tinuston,Texpa-77043
•
- -
P 713-69041989 F 713-69041787 terracon.com
Geotechnical NI Environmental g Construction Materials 111 Facilities
-= • • — t.•
Propose[for Phase I Environmental Site AsseSsment
Cobb,,Ferdley&Associates,Inc Houston,Texas TrerraCOn-
July-g3,2012-0 Terracon Proposal No.P921.2.1228
Phiiaidal Setting
The physical,setting for the site will be described based on a review Of the applicable USGS
topographic map, USDA soil survey,.and selected geOlogic reference infomiation.
Historical Use Information
A review of selected historical sources, where reasonably ascertainable and readily aVailable,
will be CI:Inducted in an attempt to document obvious past land use of the site and adjoining
properties back to 1940 or when the site was initially developed, whichever is earlier. The
following Selected references,depending OnSpplicatillity and likely usefulness,will be reviewed
forthectite.
eg Historical tepographic maps
'23 Aerial photographs(approxiinate 10 to 15,year intervals)
City directories(approximate5 year(Menials)
Fire(Sanborn)insuranCe maps
a Property-tax-fife information
a Sitetitiesearchinformation(if provided by the client)
Environmenta[liens
• ra Building department records
.19 Zoning records
Prior environmental teportp, pertnits. and registrations; or geolechnicai reports (If
providedby theolient)
Pursuant to ASTM E 1527-05, Térracoi will engage a title :corn-peg or title prOfessional to
undertake a review of reasonably.ascertainable lien records--for environmental liens currently
recorded against:Or relating to the site_ Documentation of environmental liens, if recorded, will
be provided. Our fee assumes there is only one legal parcel, if more than one,legal parcel
exists,please inform us immediately. •
The Client and the current owner or their representative will be interviewed to provide
information regarding past uses of the site and information pertaining to the use of hazardous
substances and petroleum products on the Site.Additionally, a reasonable attempt will be made
to interview past owners, operators, and occupants of the site to the extent.that they are
identified within the scope of the. ESA and are likelyto have Material Mon-nation that is not
-duplicatiVe of information:already obtained through the assessment-propess.
Responsive g-Resourceful a Reliable 2
PropOsalfor-Phasel.EntritonnterdalSiteAttessinent
Cobb,'Fendley&ASSOtiateS,IncJill:Houston,Micas'
1 erracon
Juiy.0,201241Tertacon PrOPOsal No...P0210143
REC.Definition •
Recognized Environmental Conditions are defined by ASTM E 1521,95-as atilt presence or
DON presence of any hazardous substances or Petroleum product., on A property under
cOnditons that.indicate an release,a past release, a material threat of release of any
hazardous tubStances or petroleum products into structures on the property or into
groundwater, or surface water of the property,. The term includes hazardous substances or
• petroleum products even under conditions Of compliance with laws The terin it riot intended to
include tit:-MinunistonditiOnt that generally do not present a Material..datint harm to the public
healttrOrtheenVironment•and that generally would not be the sUbjectbf"an enforcement action
if brought td the attention Of appropriate governmental
Regulatory Records Review
Consistent with ASTM E 1527,.05, outlined below are the'following federal, state, and tribal
databases; where applicable are typically reviewed for indications• of REds; and the:.
approximate minimum search distance of the review:from the peers*:property boundary:.
Evaluating identified regulatory facilities for potential vapor intrusion conditions is outside the
scope of this prOpOsel.A database firm will be subcontracted to access governmental records
used in this portion of the assessment Additional federal, state, and Focal databases May.be
reviewed if provided by the database firriL Determining the location of unmapped facilities is
tigY.OROAllErsq9138:Otis-assesstrienL.
601114PMAII'Mg.ifalc:.g,,-ygatE,mthDISanC
FederalAPI.2 Site List 1,0
mIle
Federal NPL(Delisted)Site List • 0:3:011ie
FeletalCORPLiS Site Lig 0 Smile
• Federal 0ERCti$:NRAIA Site List 05 mile
Federal RPRA,.0-orrective-40tkina(pORRACTS)TS1).-FaCilitlet List :1;()mile
Federal RCRA NOn;CORRACTS TSD:.FaOlittief List •04.mile
Federal RCRA Generators List Site and Adjoining
Federal Institutional Co.ntroligngineering Control Registries Site Only
Federal ERNS List Site Only
State and 11PL Site Lists la mile
State dridTribal-ainiValent-CERCLIS Lists • 05,111ile
• State and Tribal Landfiliandkr-Solid Waste Disposal Site.Lists 05-010
• St4tennoTribelt.ealOng UST Lists 05 mile
• State and Tribal Registered UST Lists- Site and Adjoining
State Tribal Institutional Control/Engineering Control Registries Site Only
-Staie.anctTribet VCP Site Lists CL3.111116
.State and Tribal:BrowniteldSite Lists05 mile
Tribal,databases will only.be evaluated if the site is located in an area where-a recognized tribe has
jurisdiction for eriVironnientai effaits.
Respensive-iff Resourceful 114 Reliable 3
Proposal for Phase I Environmental Site Assessment
Cobb, Fendley&Associates,1et.-0Houston,Texas Ilerracon
July23,20ig,13 Terracon Proposatko.F'9242figga
In addition to the database review arid if customary practice for the site location,an attempt will
be made to review reasonably ascertainable useful focal lists or records such as Brownfield
sites, landfill/solid waste disposal sites, registered storage tanks., land records, emergency
release reports, and contaminated publiC.wells. A reasonable attempt will also.be made to
interview at least One staff member of any one of the following types of focal government
agencies: fire. department, health agency, planning department, building department or
environmental department.As an alternative,a written request for information may be submitted
to the latal agencies.
If the results of the regulatory records revievi/focal agency inquiry appear to warrant&review of
applicable regulatory agency hiss, a cost estimate will be provided ix the client fOrpre--appeoVal,
Review of regulatory files, when authorized, Will be for the purpose: of identifying REQe.
Assessment of vapor intrusion conditions is outside the scope of a Phase I ESA. Please note
that- ail requested files may not be available from regulatory agencies within the Client's
requested schedule.
Site and Adjoining/Surrounding Property Reconnaissance
A site reconnaissance will be conducted to identify FIEGs. The reconnaissance will consist of
visual bbeervations of the site.frorri the:site bouridarietand selected interior portions of the Site.
The site reconnaissance will include,where applicable,an interview with site personnel who the
client has identified as having knoWledge cif:the uses and physical characteristics of the site:
Pertinent observations from the site reconnaissance will bedocurnented indluding:
II Site description
• General site Operations
si• Aboveground chemical or wastestorage
a Visible underground chemical or waSte storage,drainage,or collection-systems
• ElectriCal transformers
a Obvious releases of hazardous substances or petroleum products
The adjoining property reconnaissance will consist of visual observations of the
adjoining/surrounding properties from the sifeboundaries and accessible public right-of-Ways.
Responsive a Resourceful a Reliable 4
Proposal for Phase I Environmental Site Assessment
Cobb,Fendiey&Associates, Inc.rs-HouSton,Texas lierracon
July.23,2012 Terracon Prop.osal No.P92121223
Report PreParation
A PDF-formatted copy of the final report will be submitted that presents the results of this
assessment based upon the scope of services and limitations described-herein. The final
report will be signed by an environmental professional responsible for the Phase I ESA, and the
report will contain an environmental professional statement as required by 40 CFR-31221(d).
Recommendations will be developed as part of the Phase I ESA scope of services Prior to final
report Issuance,the client may request additional copies ata charge a samo per report copy.
2.2 Additional Services Beyond Base ESA
At the direction of the client additional services beyond the scope of the base Phase I ESA
have not-been included.
2.3 Additional Services Not Included
The following services, although not specifically required by ASTIVE E 1527-05,may also be
performed-concurrently with ESAs and may be: beneficial for:the.evaluation of environmental
conditions and/or an evaluation of specific business environmental risks at the site. At your
direction,these services have not been included as pan of the scope of ServiceS for this ESA.
Please note that this list is not aff-inclusive. If you seek additional services,please contact us for
a supplemental proposal and cost estimate.
s Limited Visual Observations for Asbestos
Ei Limited Asbestos Sampling
• AsbestOsSurvey(prior to renovationidernolitien)
EE Limited Visual Observations for Mold
Ea United Radon Records Review
• Linrilteci Radon Testing
a Limited Visual Observations for Lead-Based Paint
rE Limited Leacl-Base.d Paint Survey
El Limited Lead in Drinking Water Records Review
• Limited Lead in Drinking Water Sampling
• a Limited Wetland Review
Responsive a Resourceful a Reliable 5
Proposal for Phase-1 Environmental tits Assessment
Cobb,Fendley&AsscOOtesi,inq.. Houston,Texas lirracon
J,tily23„2612g,TerraconPrapcSal No.P92121223
•
Limited Threatened/Endangered Species Review
, Urnitedilletond:Propertfes/ArChapological Resources-RevieW
Encroachment
-Off RogglatoryAgeng Fife Roview
If the site is Intended for future development, Terracon can also provide proposald -for
geOtedilnkal inveStigatiOnS, geOlogio. hazards (like growth faulting), construction materials
testing, conStructiOndrawlevievvs and:scopearldbUdget review services,
ZA SOF*4410
SerVides wilt be initiated upon receipt of the written riptide try-proceed, The final.report will be
submitted ltabutinesedaya-after receipt of your written notice to proceed,assuming site access
canbe:obtainedWithin Stusiness days after the notice to proceed.
In order tdcOMplitivith the:proposed,schedulei please provide the f0110Wing'terns at the tithe-of
notification to proceed..
a A signed Agreement for ServiceseVidencing accePtanceof this:scope of services
• The completed ASTM E 1527-05 User-Questionnaire, supplied Sean aff.achnient to
this proposal
a Right of entryto conduct theassessrnent,including access to building interiors
Notification Of any restrictions or spacial requirements (such as •cprifelertuality,
schedUling,oromeite safety-requirements)regarding accessing The site
511- An accurate legal description and/or.a diagrarn Of the site such AS-a surveyors plat
Map oreCaled.architedts drawing(if such diagrams eidet)
EL Current,Site owner, property manager, occupant T information (including tenant list),
and contact information for persons knowledgeable.about the site history including
current and historical use of hazardous substances and petroleum products on site
(e.g.,names,phone numbers,etd.)
a Copies of environmental reports, perrnits and registrations,:and get:technical reports
that weraikavoualy prepared for the site
Infprrndtion relating to known or suspect environmental conditions at the site,
including commonlyknoWn or reasonable ascertainable infortnation within the local
comMunityabout the site that is materialto RECs in connection with the site
Responsive's Resourceful a Reliable a
Proposal for Phasel Ern4roninertfalSite Assessment
Feridteir&Adscaistesi Itic.m..HcioStort,TeXas lierracon
Jtily 20,2012 Terraccri Propcsai No,:i39-2121,2,23
InfOrrilatitin about enVitoritnerttal tient arid activity and use liMitationsforthe site, if
any
SpeCialized:knowledge or experience:that is rnatetialitO RECO in rcOnneotiOn With the.
Site,if an
•
KnOWled§e thatthe pikahate:price Of the site is Significantly less than thelpurehase
pricebf comparableproperties
a Land title records
Please note that requested regulatory other information may not to Terracon
by the Issuance date of'thelepbrt:C.OnSideratiOn of information not received by the issuance
date of the reportlisteyondthescopeofthiStSA,
2,5 Reliance
The ESA report will be prepared for the exclusive use and reliance of Cobb, Fendley &
Associates,Inc;Reliance by any other party.is prohibited..WithOut the written authorization of the
clientand Tarragon,
If the dientis aware Of/additional.parties that Will-require reliance thE$Aleport,the hurtles;
addresses; and relationship of these parties should be provided for Terracon approval prior to
the time of authorization to broceed. Terracon may grant reliance on the ESA report to those
approved parties upon receipt dfa fully executed Reliance AgreeMentlarairable'Opon request)
and receipt information requested frilheRelianceAgreerrient. kin thefuttire,the client.and
TerracOtt 0(000 to reliance On the ESA by a third party, Terracon may grant reliance upon
receipt of a fully executed Reliance Agreement; requested information and receipt of an
additional minimum fee Of.000.00 per relyingorty.
Reliance on the ESA by the: client and all authorized parties will:,be subject to the terms,
conditions, and limitations stated in the. Agreement for Services, sections of this proposal
incorporated therein,the Reliance Agreement,and ESA repgrt.The limitation of liability defined
in the Agreement for Services is the aggregate limit of Tertacotes liability to the client and all
relying patties.
Continued viability of'the report is subject to ASTM alsgTp5:S.ections 4.6 and 4,8, !fine ESA
will be used by a different user (third party) than the user for whom the ESA was originally
prepared, the third party must also satisfy the user's responsibilities in Section 6 of ASTM E
1-527-05.
•
Responsive a Resourceful a Reliable 7
Proposal fcir Phase I Environmental Site Assessment
Cobb;Fendley&Associates, Inc.es Houston,Texas lretracon
Joy.,201-2•la Tetragon-Proposal No.p02121 43
•
16 SOorte.and Report Limitations
The findings and Conclusions presented in the final report..will be based on the site's current
utilization and.theinformation-Colleoted-aadisOusSed in this proposal PFease note that we do
not warrant database or third party information(such as from interviewees)or regulatory agency
information usad'in the compilation of reports.
Phase I ESAs, such as the one proposed for this site,are of limited scope,ate noninvasive,and
cannot eliminate the potential that hazardous, toxic or petroleum substances are present or
have been released at the site beyond what is identified byte limited scope of this ESA. In
conducting the.limited.:scope of services described herein,.certain sources of information and
public records will not be reviewed, It should be recognized that environmental concerns may
be documented in public records that are:not reviewed This ESA does not include SubautfaCe
or other invasive assessments,business environmental dal(evaluations,or other services not
particularly identified and discussed herein- No ESA can wholly eliminate uncertainty regarding
the potential for RECsa The limitations herein must be considered when the-user alas report
formulates opinions as to risks asabciatedi with the site. No warranties,express or implied,are
intended or made.
An evaluation of-significant-data gaps will be'based on the information available at the,tittle of
report issuance, and an evaluation of information received after the report issuance date may
result in an alteration of our opinions and ctinclusionS. We have no obligation to provide
information obtained or discovered by us after the date Of the report, or to perform any
additional services, regardless of whether the information would affect any dondlutions,
recommendations, or opinions in the report This disclaimer specifically applies to any
information that.has not been proVided by the client.
Responsive E.ResourcefUl ra Reliable 8
- •
Proposal for•Phade EtitritonrnentarSiteAaattatterit
Cobbt_Fendley-86,Associatesi Ind.iS1 Houtteri,Texas: . 1 erracon
Terracon Proposal No,:P921
$,O. COMPENSATION
8aSeaS * Fee
BaSa Phase I E4A-Seivicea---LuMpAain
(Includes In pedtiongA...Cost id contract an abstract firm to-develop $2,500,00
.a:cfrairt of fitle;ia not included ihthisfeej. •
•
•
•
Limited Visual Observations for Asbestos
1.-.Untititd:Adiitigtos:Sattitilitt •
., .
Aatosloaurvey(prier:te.renovation/demolition) *
.11'604.140,ot Obseryition$:.for Mold
•LitniltictRatien•ReddethRefrieW •
Limited Radon
. •
41inito.dVi,!01.0teservotign4for Lead-Baptd.Paint
•
L.FroitedLead4B.ased:Paint:$untey
Vapor
Regulatory:AgdrOfile Review
-, - • • •-
Prn4q0 Lead in Drinking Water'Records Review. . .
4iinfted_LeadinPrinkingwat6t Sampling
iirorledWe.t(andRe46w
Lintkett-Thte;„*tiONEtitiangOrdo:pp#0e$:.R6V10*..
Umiteci . , .
Higthii&PicipeitidAiihaeiitodiCat.ke-soutces•Review:
Addition of.remaining trOolita*-TtOtkli"(41-?4.4000,TrAqt HI gff.AgroaL 506.Cif.t
ancrtiadfIV-(aS.apraa);in current report(if ag.thori4eddondUrremly), .1
Addition nf*renainingtheeotradto..-Tracts 11(41..94,atreo),•Tradt Ill(967 acres),-- :$.75000liar
and Tract iv:(346:acres),.in separate reports(if authorized Conciorently). report
Addition of tenlaining--thitoltactO.,Tradtt'.,.11:(44,94:_adrea),Tract III(9.67,aora.,5); V1R40.00 per
and Tract N.($-0.0 aPlIloriged-opnPuffqr410.t. . report
Add henalc.
Notiñciuded in'ttrOedripe•Of earl/ices:per:the dlienta diraOtIon.
Responsive Resourceftil A Reliable 9
• •
Ptoposatfer PhasetEniiiionmestalSiteAsseSsaisa
Ciibbi,Fendley&-AttoCiatak IncHouston,Texas llerraCDfl
Wig ølerracpp PtOppaal-No,P921.2120
The fee is valid.for'90 days froth the.date,Of this proposal and isbased on the Assumption that
all-fieldAerificesVill be performed under safety Level D.personal protective procedures and that
Only one site TerteCOn.persOnnel. The lump sum fee is based on the
essgmotioos:44gooditions prolikledetthestimeotthisproposal.
4.0 AUTHORIZOION
IfttilsOropoSal rneefSwith your approval work rriay be initiated byreftiming an original copy of
the attached Agreement for.Services to our Houston Office. Project initiation they be expedited
bysehding etopy oft e:0000.AgteeffieOt for-Seivoep-Wag7friell orteositinge.
• We appreciate the to provide this proposal anci.took forward to working with you on
•
this project if you have any questions or comments regarding this proposal or require additional
services,please live me-a calf.
%poet*,
Terracon•COnsultatits,.InC;
• 1 :.
fit.fad:44 • I
Jam ilwerctliv_iiern
ES 'Group Manager Serif&Associate
Attachments: ASIM E i42710.5:Veer Questionnaire
• Agreameoffor$00iidos
Responsive Ea Resourceful In Reliable 10
•
ASTIVIE1527-95..U.SER.QUESTIONNAIRE
•
Page ta3
PfopoOttlig P92121223,
•
In -Order to.qualify. for Otio-Of the Latitkiiet Liability PeOtettkii10(4PC): OffOted by the-Small
Business ;Relief and Brownfietds Revitalization Act Of 2001, the user Must. respond 10 'the:.
following 40Cotfois. Failure to provide this information to the'unvkonmentatprofesSiOnal may
result in OgOilicar#•••data.Opp0, which may limit our ability to identify recognized environmental
ccncht,ans,fcsOtOng:41,,w,:cleternitnafjon..:that cOMpiete. This form
represtrittailytta,litititenitett aridaa.adiffilhe user has an ablightiOhin.aneweriUlttittestiOnS in-
gnOd"faith*AntheUktent Oftlfeirradttiallnibirlecige.
•
Site lCity0f-Feariand.IShadoW.CreekRanOft ParkProjett.
SiteAddress: IstWO•01.6hadCWCreek:ParkWayandicattleyDrive
. . . . • .
.1)Ara you aware ef.:anyehVironrOntal cleanup liens.agalottthe-tite'thaparefiled or recorded under federal,tribal,
state,orlOcratialk(40:CM6i.Z6)1_No Yee. t(yee,please explain
2) Are you.,aware.Of any activity and uAqiirtlit40134..(4gLs).,!.spotrias eogiogerktg,contrOl%,land use restrictions, or
institutional controls ttiqtge:....41-1?!ActiAt'OteAte-andtor have been*fed or recorded In registy under feAeral,tribal,
State,or local faw.(40.CFR4i2:4)? Yea If yes,pleaseomfain,
•
.3) As .Of this ESA, de you have anyspeCialized kneWredge,or experience related-to the site or-nearby
prnpertiet7 FOteXaMplekene yew involved in the same Irne of busbiess Eiethe current or forrnervedupantsnf the site
or An:40I0101g•pr9PettY sq-034typy iwigheverspeoft4ectKnowiedgeoflhaphenticals•and processes used this
type4buiiness.(44CFS-$12-28)? _Op l'es Ifyes,plagsqmplair!,
4) Does the purchase price being..paid for site reasonably reflect the fair market.value-41-the,site 1(40...CFR
67.(229)?. No yes,
If have yetrottrisidered.-..3A/betherlhelowerpttrchaseprioe-iebscauseoontamina#on is.known or bellevoctte be.
present .0Fii:61249)1 If yes 04004
S) Are you-aWare-ditemmortly.knOWn or reasonably ascertainable Information about the s4e that would help the
environmental professional trvidentify conditions indicative of releases or threatened releases (40 CFR 3.1230)
No Yea 14es1 pleasaexplain.
6)•As the user Of-this ESA, based on:your knowledge and experience related to the:site, are there-any-obvious
indicators that point to the presence or likely presence of Contamination at the site KO CFR-31221)? ._No
Yes Ifyes,please•-explairt. • .
•
Please return this.form With the-signed-and completed Agreement for'Services.
. ; .
ASTM E 1527415:USERQUESTIONNAIRE
Paget of-.3
PrOpOSal NO P82121223
RequeSt for Information and Documentation
In addition to the specific questions outlined above, the user is requested to provide the following
information and documentation, es available. ASTM reOires that this:information,. if. available, be
provided to the environmental profestionatriricittilhe:Site
#0.:..$0110010A R.it-g4ifiTiMagaiagatigaNO
ItemircNotAvalTable . qnninxkiltt3.1;:zggP41
tt911)P41#430gtafifdt;i1F-g
Atfgpkit gimt:-z4 Nt Known :§iip.vtajvoaigAaggt-M_oW-1-zgnigs?:-k-- 9F44w:;--5•ztaik:_likfrytv
Point of comaetf-otAcce;sp Narne/Phone:
Current Site Owner Name/Phone:
Current Facility Operator Name/Phone:
Contacts fOr Prior Owner* Namephone;
Contacts for Prier Occupants NarrieiPhorie!
Access Restrictions
. .
N.olificOtkm of Special
RequirementSfiegarding
COrifidentiaftr
Legal DesCription and
biagrartit:survoy of Site,
Chain ofTitle with
GrantorMrentee Summary(hack
to 1940 or first developed use)
Reasons for Conducting ESA
Please return this form With the sighed and completed Agreement for SerVices.
.ASTIVI 41527.95:WERCWESTIONNAIRE. •
.P.age:3-of 3.
Optital N.OvP92121223
If0.1.P.NE:PaPiglIoltp.:chectdist
Pursuant to ASTWE 1527-05 ad-you.Into/whether:any of the following documents esast agate0;0.--the
• enhjeef Otopetty and;if:doe whether copies can and will be Oiniiidett.t611kt,ettikonntentit prefestionel7 Check atimat
0.0136-6
•
.EfiVirtihingtital.site.atistenOtit reports . 0 Notices or •OW ,corivspondence. from any
governmental APOPY11.40004 to past or
Envfrcnmentalcampllanceaudit reports **ohs*environmental laws•with respect to the
OOPOrfk, or relating to environmental liens
El GeotechriicalsludiSs .0400e4001nOtolOnsr
•
RegittrisIoi•_uiidenarautid IfilddroectOtatft.
. ,Riptii.tEk:nicjatd06,101ratetifiigiC. condition Or the, • - •-•tibri - •
i• prnge4yerenrranatiftigAtea •
El Environmental waste
O hgardbus. wasti3: pernii*, ••wastewater
Reptiatiohsfotabovettundergiound•stotagetankti
pent*, NPDES permits.. underground Infection
Re.rAtql:.$POPPJal.i.P:
Name(Authorized Client ilepresentative)
Title
Signature
•
Date •
•
• •
•
•
•
•
Please return this form with the sighed•and completed Agreementfor ServiCas.
irertacon
• Reference Nurriber:R92121223-
• APREEMENTECHt$ERVICES
,
. . . . . . _ . . . . . , .
ThfaAGREEmENT-WsbatWeeet Cobb,.,FeridleyAAesaCfateeilnafcifenflatid.Terraden Consultants,Inc.("Consultant)-for Spyidea to be provided
py..OckiSultgittig.011eryt,cp ttiggpvpf 0'.00at1410300ye004K.FIgnphPOrkPrple0Thplect(l*kok4t);-,as40scribedinIti*Isrge,ict inkrifrOort:tothin
of ConsuitanVs 'tPreketill'ardeeettiaPiefaCt le-OW-Mee described in ExhibitA to Adite-00.itlithi0.1isebtiowor
Exhibit ieincargioatedfroithie5:ilgtearnent):
1. .:4451pe•Ot:SetYr-ce-A-The scope of rfPleggirdrire.ae.r.9tcP':[0-4eecribe0 in thEr'Scepe Of. eryiceetaudOwattie:Preigleal("Services'),•unless
:RillnileetTare-MherWiee:deeeilbeti In Exhibit B to this (which section or iexhibit:is incorporated into this Agreement).Porticns of the
• garvinekmaylfeeabqontracted4 99nerritarife.Ren4cee:Wr.not:,(riCirafetheliwastigattort or detection ot nor dn,,recominendationain.COnetiltant's
Migirte,-adZirese,:the preeetiorybr prevention 4.t,rerogfoitivOdirtOpli.(e.g.,mold,fungi,bacteria,viruses,or their byproducts)occupant safety
such as vulnerability to natural.01000ifii0i-APOiriti4;clr violence.If$0114000601-.00:•Tiiithe**0.f.sel0000,Pileiit*11.0004410''*iirate
0400t.kg4i***it00**,-00isOtat000.00k*Ii.1160,,017.40)daiiitif44diiiiiii.o046t§04610tiAii)ii'ttaiikanktrifoi.iTiatkiif 6101E4 6kattet. .
tONtried-pP.04.14ta0 atthift.f#0011fizigioryfce$,
2. .AcimplpncerOliinitiatIOn.,tlfent execution of 11*Agreenient fie material element of ihe,vonsidgrairon.Constitant-ca I to
execute the 40400:4,0iii:ThillaTO*donsAittant-pitoi:,****06.,cif IiiiAgitiainOtettia*Aii,.k.,6aitriiiiiiiiirirfij:tiiiitt. Client's,...... ..„,
4404 OttifpartiekehailOnelder that.commencementOf-400400k09010460.'fOrre).„4099000kigall terms*g conditions of this Agreement.
:)cdotki00)10i. **1%4r..191trtfyitPAy'00,*i004.*OPOrkgeg only 0,1*.t1110*.t30.06.1.0t4"4...11#0.400404fit Ai90444E04:.parties.In the event
61.100t usts#fiutpfigisei=;ipidiir-tiefbtfidefoitui&oriirtimeit OiriAgtitiettiiitki*403:rif trianTaftaltbe;toeopooitetio*ourgais enfiranO'any
- . . .. • , . .
additional or conflicting terms -cntitaiRsaitt stricken.This 0411.1Y3t31. 044jOneti OTI:Pitter:PaW,41itti9etOrict'wrigefi.;00fieeketitifi.
other party. party may terminate this Agreement or the Services upon written notice to th*OthOr.In such case,Consultant shall be-paid
00,4*(4100041•04 f00*,*k.r4octt***ErF*00:00000k6)00,reasonable costsof closing the
3. Chli45-.10idoili,..tlfecirt to the Services to .performed.ICClientto
•
Tweets;.Consultant will return to Client wet-gement(or stippleinentelpropotal).,-af thechangeapttingTIOttntn arOetateigtolhe Services and
• fees for the requested etiangee Farad efiritrsiatfievir elieritehall provide written acceptance.If Client does'not follow that -procedures,but
instead directs,.40ititiffSkro,:ptiii.0*ti000104.0 perform ONlogott ot4d000.1mOki..ttOatityro**rti changed accordingly and Consultant
will be paid for this ..„ ,
•
work according 6iihe fatit stated or fee tdheduta liprigOkcondidariathange:oatiogr.yorti,.p#ti observed at
.ffie-Ae'§i7deaOtietrid:COrl#iItintetlf4:tirile OfiliOtisa17;:•COhetiftiatra..eattfaettO.,a4hatigeiiJOWiicplta6fiatiNagiid,IWSiiiiitaaaTtifiiifee:
. . . _ . . . .
4. CompensaMonanitTenns.of Payment.Client shalt pay•comperratIm.firitie•Senifce*pplformed:atIfte-fewstgite0Ar the Opirpirt§a89n.
section of.thar,•Pappeept.,unless fees are o •erwlse stated In Exhibit C to this Agreement section..or Exhibit Is...incorporated.
Agreement).If riot 54400Ikciiitia4160,WIIPba:000t40cItq-C*141*.le*PiiilMtf.Ociechedr*R-44cheriele*Otki:iaftlfer:lhkogoodat..Year-in
OitirehlhairareiseMaiiigeneuitarifmay intraidedreirit least MeathlieriOlpayMent Is dueutionittelOotinvoice.Client shall notify Consultantin
writing,at the address below,401p 15 days of the date Ci the invoice*.i.i.t.010(01000:40.14Y.PPOtcn ofthe charges on the invoice,and shall
ppiraptViiast.00::tiptifipatp40pigpk disititabag pay &100 f0.02011 0°ki:pefP140#1,,Oi*Peit.:00•404.0:th$0000044attaiosair bylaw,for
opoil:0004.5..*.Cray;or older.crtentagtaaa:f0;WaiUC01400p4alatart costs that Consultant incurs, attorney fees.Consultant may
suspend Services fidit?faet oftimely paymenL It Is the responsibility al Client it#:400!*e,Wiletfitip'fiktgialp.atta, local Wage
. .,...,,.. . .
tikiiiibrpentkup-p.tyant1.-.4pptikpapaUttaritit prevailing wages apply. ifikie..tatEitdatarmiiiatt.#14.:-0timiallfpg:Ttiage.*apply;,a04.q.opapitapt was
not previously notified Client,oilerit agrees tnnaKthe prevailing wage from entritiforWard,A.4weit ire'.0.•retrbeadife.p#Ment adjustment to
bring previoUsly paid amounts in iitsi*Ittf.govoloo.,wagasi.. tiran(oip,,a0pato.itafapA Indemnify,and beta'harmieter.onsuimikfrorn any
alr03041.4049r0g144E411rA.PY 99Wjrnaleritaf:44010t regulating.00allied*4040.Yikfer re4iiMPait prevailing Oiagek.1001004.10•kalfin.ent
. _
ii4APSiSPeoorponanje#.
5. ThIril-POV:Rorsarkoe;nr$Agreainerit'4hcitfit.Services provided anifetCensUltant and Client's sole.benefit end exclusive wittiJno,third
• ..
party
beneficiaries intended.Reliance uponte.ieryipea:and any work product rslrowte.,PlieFd,AncirienOt intended for third parties.For
limited time:O.piiO4,00*:4004Fkoroo months from itilic4iitfit,of thge0094.0ciiii01WPOR issue additional reports to others agreed:trponivkii
Client,however Client understands that reliance will not be granted opt Meek parties sign and return copatAtapro..pgappo.40000,00t.and
.0erieilitinfreeeirreathezeigteedllporrialleitellie.,
6. LIMITATION OF LIABILITY.-!CLIENT ANaCONSULTANT:HAVEEVAWATEV-THE RISKS...AND:REWARDS ASSODIATEOWITH.THis:
PROJECT, INci4NANP CONDG4TANTID•'FEE"FtrATN.g•Tamis::mics%A.,5sparip Atict-A%144'TO ALLOCATE CENTAIN_LOF.711E
AsScicrATEb-,!llsjcb:"10"Iffig•Puitgbr:"POrtit PERMITTED 1,0,,THEIOTAL:A090EppkwkrAelurtO *INPW;TANT:(ANP
irs:flOATED_:'POR.r_PRAII9NO 1041*.'001:0Y4ES).-1P;0.4ENt Notilo*AONTED TOUANdpAs::LiporrED:70::THE
GREATEPL'OE469;009 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES,,cf.Armoi..tifiggap;iitikoOgNsEs.
(iriComiga-411-0FINETANPxxpEFT FEES)ARISING OUT CONSULTANTS Aggiitc4.4.OR.THISAGREEMENtOFONOSITTEN
REQUEST_FROM CLIENT, CONSULTANT MAY NEGOTIATE AHIGHER LIMITATION FOR ADDITIONAL CONSIDERATION, TRIG
LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE INSURANCE COVERAGE,iCAUSE(S) OR ThE tH.E.0krt OF 1491(11"6
INCLUDING NEGLIGENCE,INDEMNITV,OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TaTNEgigEOTTHE-PAIINAGE
CONSULTANT'S GENERAL LIABILITY POLICY.
7. hidemnitkiStatiite.;.-of 1.1iiiItalliis.•Consultant and Client shall Inc(eTt4an4 hold harmless the other and their respective employees
M1440411'4 Ie7.4.iie13.111106.1 claims,losses,damages, arid expenses 0040 the extent claims, losses, damages, or expenses
determined to be caused'W. negligent acts, omissions. In the event suchigoferi#,.*00; 1 45r:000.100.arelegally
determined t01;ietauSkt:I*1#0'161it'.1.*014166i*negligence of PeMuliarit aMitl lent ili ,41itill-b6bOtne.lAtriAot0.01101600PottiOrkto its own
neljligootitt•UndettOirOorthtlitiroilit,,pifOOliiiin. kiehtlelTperVehall have ndutyte defend the party,:eririno duty to defendis hereby
by this and such.0 uty Is explIcitly waived under this Agreement.•-CaileestrfactiniterielagrintotpOne(litarila-40nricte or this
Agreement-regardie**-cause(s);orthe theory of liability.inOitirlIng:negligerce,tpdemp4y,.p.e.xthat ra66.ydry,: h0-4***.Plad.161-iatkiFad.dnied
and the*prow statute 41iniltatiOne-ahelicerninenUele•:run riot later the date of coo wooe.s;arietardial completion of OerVice:1,tiv the
-
project.
B. WaStiity..Consultantwill nerfonnthesertiiced:in a imanner consistent with,that level of care and 4101114itriewili:exiiiii0edrtly.-0.9obors..or the
proksgipo'ckgronffy.practicing under;eirni10..cerertiorks,.in the same locale.CONStiLt4U4T.MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR ImPLIEV;'figLATimajo edrisuLTANrstEavicEs.ANO•cipOS.o4TivittfisciAsmS.ANY IMPLIED OR
WARRANDERINIROGIED:Et•LASti iNCLUDIND.WAROANTIESOFMERCHANTABILIWANDPITNESDPOR A PARTICULAR PURPOSE.
9. Insurance.CanSultdOtepredinttlhaf It now carries,and will continue to carry:(1).-workers',cornaensaticin Insurance in accordance•With the
laws. of the states haying jurisdiction•over Consultant's employees who are engaged in the Senricea,...rand employer's liability insurance
Patte-1..a2 RSV.8-10
•
• •- - • ••- "".' • - -
•
"Werra:con
($1;090*);.,(i1)..catitataialgatiara1 liability jaaptanaa.,($.1.000,909900 $1,(100;010,:agg.);(111)automobile liablikktsofic*Olvacip;001,'BX and
PD.combined single limit);excessiiiiitillifi(4600;t1iititicaT409);*fid oyprogiis.tiatiarlikibOrty,iptatatio(St000,00-oforititggg) eiteicatei of
fasapapcei*Ili*?pra7Mlad upon request.011eat and Vatistiltatirthall.wish*aahraggpfkagatatttherothar party general' property'
coverage. _ .• .
49; CONSEQUENTIAL DAMAGES.:REITHAPuP4EgyAlfAll BE LIABLE TO THE OTHER FOR 4oRROF.PRORTOOR nEygposi LOSS
OFUSE OR OPPORTUNITY;LOSS tirSUBSTITUTE FACIUTIES,GOODS,- OF
ORPORANYSPECIAlOONSEQUENTIAL;iNDIREOTiPuhrnimi,00 EXEOPLARTDANIAGES. •
11. D:4444*OP0100 Client POOf-r4601304cutO:#•ser(A0414agOr.e*PvT14014mi base. ._OPTEOY.-.PIPOY:Pf.:Praf040.0*:Ntilltei100010s
and until 440:04404*titi.,0!rilltiOrppfi*akii•Onta.,t0441000,ind0061400,40 tOPIAsnts•STOSsti'i.StsbItOr..OrtsStadiSte.lhat:CSitsti*t•
.1.10.0:!#5400440-0000.tk.Ot dakt.:001104410:*0*opijrkpetfoiloi*of ffifip0640s.,proptshEgt:ofiOidey,1#0010:44,-,*POns.tttoirif end the
parties shall endeavor to resolve the dispute wthln 30 days,after which Clientmay pursue its tatiidlat':attai4;110:-A§tasOatitatpair..1*goTierned
kt.'..,W14-9p.pstry90.0PstOtOft*Sgs,10.* _
.. .
12. Subsurface P5Ortft010*7.PO4.00.4.00 conditions throughout the site may vary fr#011000.#01gOt,...4i*T91*01:404.10 4000i:P:#010-yOt
atttt4000100flif*t01000ttara.**atiaaeullihra layout.af boring and taamaagapii;.10-Apptaicitaatqoairthat Consultantmay deviate:.a
0400**044,ric4.fici0113063•04itqns;004,6111t**04Rele4400040:P(000*.n010,04400.011.**4610§40Artiek.0046761tit Services;
howainitiClita(itaaa*thatti*EiStak saiiikak-aasti.:*011liat or sampling may damage oieffi0:41WSItlif:taakafeataa,tkaat
_
ss
Spgankalltiaartigacf:in IheigarvicaSi:
13. Testing and Observations.Client aaaatalaaew.lhatISSITaluaaif observation atia::afdateW.'*ars011ti.g tirtiaattatsa;and that such otadates
iii060.4:0404faii*:#0.061,•06.44c;ipo4t.lcr*.af4trrilf0,4ht prgceikite ;Wee4kPOPinieck:Consultant Wilt•provide tettrOsalts*d'oPtiitoris:
• biaadfaii•taatiiiii(ligil.arathiaiilitta00aVfattliti;wooieetovolot understands that testing and observation are not continuous or exhaustive,
and are atatfacted lo:tatfuett,-,notairminatit*projectrisL Client agreasialfoilatret Or amount of perfoymedatitr ths•atissocidted:titk.tilath
1**14,408104,tevOlf dereig0P1#14.Orittabiarl requesting services,'ailltIblifitiOliaititSChkdalftY.C.a.aSalhait*a•.Cdadiiltaataatt otata*:zoie.
.„. „.. „.., ._„.. , .
Services.Consultant is not i4siiiiiisibWite:tiOitogeti.tailtedl*.:;60riciiii not iperformed''dud.16-a failure to request or schedule Consultant's
-000,00,i:04sigtOt:shall-00t,tior.04(0041blitk fge.100:10ialkty*t.d the
00**P peFkrOaribg..:010§0.10.and observation contractorin any way from Its.
FO*t.S01010.VitgefS94.414.400tifst hi,!1*WSit,kigitiaidatia:•.4:*rtgaty.ar guarantee.Consultant riot oiiii*vi*ii..:critliottfoikaikci.Oxteiiiiidlilf
Client's contractor or itO.iahaalaiadat6.610fa,..tiat responsible for means methods.
..
14- Sample-Disposition,0F000014201041. wiand Indemnity.Samples are consumed IS testing or disposedof atian*tagatiati..of tetts
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Consul t-.-TarFagark. qtort Cobb,.F.Widtety.'.&.Associates,Inc.
• Oatez,7/23i. 2012. By: • Date:
Nameflltl ;
....iainesS.tumrall,Jr.!ESA Pinup Manager: . Namerdie:: Charge*FA:.EaStrandl Principal__
Address: 11555 Clay Mind Address; 43430 Northwest Freeway,Suite 1100
. .
liatitti,74x7.7043 . Houston;1X.77040
Phone: 713400080 Roc' 7130904787 Phone: 7434024.243 Pet 713,40747.02
RefetenesNumbel ,P92121220
•
•
Pace 2012. Rev.8-10
•
•
BERG ♦ OLIVER ASSOCIATES, INC.
WETLANDS / USACE PERMITTING
G
•
a BERG • OLIVER ASSOCIATES,INC.
75
-t' Environmental Science,Engineering&Land Use Consultants
14701 St.Mary's Lane,Suite 400,Houston, Texas 77079
�$ ® ~P ` (281)589-0898 fax: (281)589-0007
�iAONeas Houston 0 Dallas/Fort Worth 0 WDBE/HUB 0 www.beraoliver.com
July 17, 2012
(Revised September 18,2012)
Mr. Charles M.Eastland,PE
Cobb,Fendley&Associates,Inc.
13430 Northwest Freeway, Suite 1100
Houston,Texas 77040
via email: ceastland(a,cobbfendlev.com
Re: Proposal for a Wetland Delineation Field Update and USACE Nationwide Permit 7
BOA Proposal#8664espr
Dear Mr.Eastland:
The following proposal is provided to Cobb, Fendley&Associates, Inc. for environmental services
for 65 acres, located north of the Old Airline Road and McHard Road intersection, in Brazoria
County, Texas. (Berg•Oliver) will provide special attention to complete the work in a timely and
professional manner. We will begin the assessment upon your acceptance and execution of this
proposal.
Berg•Oliver Associates, Inc. is proposing to provide the following service: Task I) Wetland
Delineation Field Update, and Task II)U.S.Army Corps of Engineers(USACE) Section 404 Clean
Water Act Nationwide Permit 7 Preparation and Coordination. Attachment A describes each of
these services.
PROJECT SCHEDULE
Task I is anticipated to be complete within thirty (30) calendar days of the receipt of an executed
proposal and boundary survey/plat, or other suitable boundary map by Berg♦Oliver. The Permit
Application is anticipated to be submitted to the USACE within forty-five(45) calendar days of the
receipt of an executed proposal and boundary survey/plat, or other suitable boundary map by
Berg•Oliver. The permit review process by the USACE normally takes between three (3)and six
(6) months for a Nationwide Permit. The process begins upon the USACE determination that the
application is complete. Upon review of the initial submittal, the USACE may request additional
information beyond that listed in the Code of Federal Regulations (CFR)to consider the application
complete for processing.
• The project completion schedule is the goal of all parties; it does not, however, reflect unusual
delays due to forces beyond the control of Berg♦Oliver and/or modifications to the scope of work
Berg*Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
based upon actual findings or additional requests by Cobb,Fendley&Associates,Inc.,its agents, or
governmental agency.
Environmental laws, regulations, and policies are in a constant state of change and are subject to
differing interpretations by various agencies. Permitting performed by governmental agencies is
unpredictable. All time frames given to clients by Berg•Oliver Associates, Inc. regarding the
length of time necessary to obtain a permit, or other agency clearances, are estimates and NOT a
guarantee. There is also NO assurance that a permit/concurrence will be granted by a
government agency. In addition, there is no assurance that the governmental review process will
NOT alter the scope of the project, require additional information/studies not originally
anticipated, require special meetings, or require additional fees outside of those estimated herein.
The client agrees to not hold Berg♦Oliver Associates, Inc. liable for delays or additional
information requests by any governmental agency as it attempts to secure a permit or agency
clearance while acting on behalf of the client.
RIGHT OF ENTRY
Unless otherwise stated, it is assumed that the client has the authority to enter the property for •
purposes of conducting environmental assessments and herein grants that authority to Berg♦Oliver.
BASIC COMPENSATION AND METHOD OF PAYMENT
Berg♦Oliver proposes to provide the environmental services described in Attachment A to Cobb,
Fendley&Associates,Inc. for the following lump sum amounts:
TASK I:WETLAND DELINEATION FIELD UPDATE $2,200.00
TASK II: USACE NATIONWIDE PERMIT $10,200.00 *
GRAND TOTAL $12,400.00
* This estimate for a Nationwide Permit is based upon past experience, and includes 72 hours of Project
Management/Mapping time. Extraordinary circumstances, such as regulatory agency reviews based upon recent
policy changes, may require additional tasks or further detailed analysis not covered in the present scope of work.
If this task requires more than a total of 72 hours of Project Management/Mapping time, the extra hours will be
billed hourly as additional services, based on the attached rate schedule, but will not exceed 10% ($1,020.00)
without written approval from the client.
It is assumed that no MAJOR roadblocks to the permit are presented by the public comment agencies, Texas
Commission on Environmental Quality, and/or USACE. If extraordinary circumstances/requests for additional
details are encountered, this amount will increase proportionally and a change order will be submitted to the client
as described above.
If additional tasks require more than a 10%overage(as described above),Berg*Oliver will provide
the client with an appropriate change order.
This cost estimate is valid for a period of six(6)months beyond the date shown below.After six(6)
months, cost estimates may change due to fluctuations in fuel, subcontractors, and other sources
required to complete the project.
Berg♦Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
Berg♦Oliver will begin the work described herein upon the execution of this proposal by the client.
Invoices for each lump sum amount will be invoiced upon completion of the task or upon 50%,
75%, and 100% completion if the project takes longer than thirty(30) days to complete. Invoices
for all hourly work will be submitted monthly and will be based upon the attached Rate Schedule in
Attachment B. Payment of all invoices is expected within thirty(30) days of the client's receipt of
the invoice submitted by Berg•Oliver. If invoice is not paid in full in thirty(30) days, interest will
accrue at 1.5%per month(18%per annum).
CONFIDENTIALITY OF ASSESSMENT
The assessment and all related work and services of Berg♦Oliver Associates, Inc. are confidential.
Berg•Oliver Associates, Inc. is hereby employed by Cobb, Fendley&Associates, Inc. pursuant to
this contract. Under such contract relationship, all correspondence,written or oral, which relates to
the fmdings of this study are,to the extent permitted by law, strictly confidential between the parties
hereto, unless Berg•Oliver Associates, Inc. receives a written request from the client to offer the
results of this study to a third party not a part of this agreement/proposal. Environmental
assessments may occasionally uncover extremely sensitive findings. It is the responsibility of
Berg♦Oliver Associates, Inc.to report these fmdings to the authorizing client and to no other party.
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
PROPOSAL ACCEPTANCE AND EXECUTION
Acceptance of this proposal, including the "General Conditions for Services" found in Attachment
C, will be indicated by the signatures below and will serve as authorization to proceed with the
work proposed herein. The signatory below also represents that the client has, or has secured, the
authority to grant permission for Berg+Oliver Associates, Inc. personnel to enter the subject
property as necessary to conduct these assessments and that such permission is granted to
Berg♦Oliver Associates, Inc. by the execution of this agreement/proposal. If the client is a
Corporation or a Partnership, then the signature below will also represent the personal guarantee of
the individual signing on behalf of the Client.
IN WITNESS THEREOF, Cobb, Fendley & Associates, Inc. and Berg♦Oliver Associates, Inc.
have accepted and executed this proposal for environmental services on this the day of
,2012.
COBB,FENDLEY&ASSOCIATES,INC.
By:
Authorized Signature
BERG•OLWER ASSOCIATES,INC.
By:
David Sherrill
Director of Permitting&Land Use
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
ATTACHMENT A
TASK I
WETLAND DELINEATION FIELD UPDATE
SCOPE OF WORK
In 2005, Berg•Oliver conducted wetland delineation work in for the Shadow Creek Ranch
Development (SCRD). The 65 acre proposed park is located within the SCRD that was
previously delineated and also verified by the U.S. Anny Corps of Engineers. According to the
2005 delineation map, no weltands were located within the 65 acre proposed park area. Because
the original delineation and USACE Verification letter have expired, Berg♦Oliver proposes to
conduct a site visit and collect new field data and pictures to document site conditions. If no
wetlands are found, the data sheets and a map will be prepared to document the 65 acre area as
uplands. In addition, a new verification request will be submitted to the USACE, along with a
Nationwide Permit 7. Task II will be to prepare a Nationwide Permit 7 for the USACE
requesting to place fill for an outfall structure into Clear Creek.
TASK II
USACE SECTION 404 CLEAN WATER ACT
NATIONWIDE PERMIT 7 PREPARATION AND COORDINATION
SCOPE OF WORK
Scope of work for the preparation of a Clean Water Act Section 404 Permit and submission to
the USACE will follow the criteria set forth in 33 CFR 330 (Nationwide). A conceptual
development plan including profiles must be provided by the client or the client's consulting
engineer. Berg•Oliver will utilize these plans to create the required permit submittal drawings
in the USACE's preferred format. The USACE.may request an alternatives analysis and best
management practice information that must be provided to Berg*Oliver from the client or
consulting engineer.
Berg+Oliver will perform the following under this task:
1. Draft and submit the Nationwide Permit application and support documents to the
applicant/client for review prior to submittal to the USACE. (Berg•Oliver must have written
approval from the client authorizing Berg*Oliver to submit the permit application to the
USACE.)
2. Attend two (2) on-site meetings with USACE, Texas Commission on Environmental Quality
• (TCEQ), and resource protection agencies.
3. Attend two(2)additional meetings with the USACE in Galveston and/or the TCEQ in Austin.
4. Consult with the client, engineer, and land planner regarding the site development plan and
alternatives.
5. Consult with the applicant regarding the Wetland Mitigation Plan and design, if deemed
necessary. (If client chooses, Berg•Oliver can prepare the mitigation plan and design under a
separate proposal.)
6. Assist the applicant/client in providing the USACE site specific requested information and/or
Revised Site Development Plan, if necessary.
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
ATTACHMENT B
BERG • OLIVER ASSOCIATES, INC.
Environmental Science,Engineering do Land Use Consultants
14701 St.Marys Lane,Suite 400,Houston, Texas 77079
may` ® 44., (281)589-0898 fax: (281)589-0007
AO11! s Houston 0 Dallas/Fort Worth 0 WDBE/HUB 0 www.berooliver.com
2012 PERSONNEL RATE SCHEDULE
Personnel Hourly Billing Rate
Project Director/Principal $180.00
Senior Associate $160.00
Professional Engineer $160.00
Project Manager/Registered Environmental Manager $140.00
Professional Geologist $130.00
Health/Safety Officer/Chemist $130.00
Project Coordinator $120.00
Wetlands Biologist/Ecologist $115.00
Soil Scientist/Geologist $115.00
Senior GIS Analyst $110.00
GIS Analyst $100.00
Field Technician $80.00
In-House Technician/Administrator $75.00
CADD Sr.Analyst $95.00
CADD Analyst $75.00
Administrative/Word Processing $65.00
Specialist Subcontractors Cost+10%
Above rates include all normal expenses of BOA's business, including mailing charges, in-house photocopying, long distance
telephone costs,in-house graphic systems,and local area travel,unless otherwise stated in the agreement. Expenses,such as travel
beyond fifty (50) miles, outside photocopying, delivery charges, photographic reproduction, and other outside services, are
considered reimbursable by the client at rate of cost+10%. Any extraordinary reimbursable expenses, in excess of$250.00 must
have authorization from the client.
NOTE: The rate schedule is for the current fiscal year,with an effective date of January 1. Hourly rates are adjusted annually as
inflation dictates. If this contract spans more than one fiscal year(ending December 31),hourly rates may be adjusted. Regardless of
any rate adjustment,the"not to exceed"figures in a contract will not change.
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
ATTACHMENT C
GENERAL CONDITIONS FOR SERVICES
These General Conditions are a part of each agreement between Berg•Oliver Associates, Inc. and its client for the performance of services.
Berg•Oliver Associates, Inc. is identified as "BOA". The party for whom the services are performed is identified as "Client", and the written
agreement between the parties,including these General Conditions,is called"this Agreement".
Article 1:Services by BOA
1.1 Scope of services standard of care. BOA will perform the scope of services expressly described in this
Agreement,after it is signed by both parties. The services performed by BOA will be conducted in a manner consistent
with the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in
the same locale acting under similar circumstances and conditions.
1.2 Restoration. BOA will exercise reasonable care to minimize damage to the site. However, Client
acknowledges that some damage may occur in the normal course of performing the services, even if due care is
exercised,and agrees that BOA will not be liable for such damage and will be entitled to additional compensation if it is
asked to perform restoration services not expressly included in the scope of services.
1.3 Reports and Investigations. If BOA's performance of the services includes assessment, identification, or
testing services,the number of investigations and observations BOA makes, the number of samples it collects, or the
number of tests it performs are necessarily limited by budgetary and time constraints,and observations and samples by
their specific locational nature may not exactly represent similar samples or observations in the immediate vicinity.
BOA does not guarantee that all violations,problems,or sources of possible environmental condition will be identified,
that all contaminants or environmental condition will be detected/identified, or that requirements, standards, or
conditions will not change over time. Any report issued by BOA will set forth its findings and conclusions based on the
limited information available from the observations, investigations, sampling, and/or testing conducted under this
Agreement. In preparing its report, BOA may review and interpret information provided by Client, third parties, and
regulatory agencies and will be entitled to rely on the accuracy of such information,including laboratory results,without
performing an independent verification. BOA may include in its report a Statement of Limitations describing the
limitations of its investigations and findings and indicating that the report is for Client's use only and will not be relied
upon by any third party,except as expressly agreed in writing by BOA,and then only at such third parry's own risk.
1.4 Documents. All reports and documents prepared and deliverable to Client pursuant to this Agreement will
become Client's property upon full payment to BOA. BOA may retain file copies of such deliverables. All other
reports,notes, calculations, data, drawings, estimates,specifications, and other documents and computerized materials
prepared by BOA are instruments of BOA's services and will remain BOA's property. All deliverables provided to
Client are for Clients use only for the purposes disclosed to BOA,and Client will not transfer them to others or use them
or permit them to be used for any extension of the services or any other project or purpose, without BOA's express
written consent.
1.5 Services not included. Unless expressly included in the scope of services,BOA's services will not include the
following: (a) the detection, removal, treatment, transportation, disposal, monitoring, or remediation of any
contamination of soil or groundwater at the site by petroleum or petroleum products (collectively called "oil") or
hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other
federal, state, or local environmental laws, regulations, statutes, rules, standards, or ordinances (collectively called
"Hazardous Materials"); (b)mechanical compaction of backfill; (c)dewatering before installation or filling tanks with
liquid or ballast following installation;(d)pump-out or disposal of product,water,or other contents from existing tanks;
(e) installation of anchor systems, foundations, shoring, or other support devices; (f) concrete,blacktop,water, sewer,
electricity, or other outside services;(g)the removal of any soil or water,(h)installation of protective fencing or other
structure;or(i)construction or monitoring. BOA will be entitled to additional compensation if it is asked to perform or
provide such services listed above. BOA will not be responsible for damage to or imperfections in any concrete slabs it
installs unless they are protected by Client from traffic for seven days.
1.6 Estimates. Any estimates of probable construction or implementation costs, financial evaluations,feasibility
studies,or economic analyses prepared by BOA will represent its best judgement based on its experience and available
information. However,Client recognizes that BOA has no control over costs of labor,materials,equipment,or services
furnished by others or over market conditions or contractors'methods of determining prices. Accordingly, BOA does
not guarantee that proposals,bids,or actual costs will not vary from opinions,evaluations,or studies submitted by BOA.
1.7 Other Contractors. Except to the extent expressly agreed in writing,BOA will not have any duty or authority
to direct,supervise,or oversee any contractors of Client or their work or to provide the means,methods,or sequence of
their work or to stop their work. BOA's services and/or presence at a site will not relieve others of their responsibility to
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
Client or to others. BOA will not be liable for the failure of Client's contractors or others to fulfill their responsibilities,
and Client agrees to indemnify,hold harmless,and defend BOA against any claims arising out of such failures.
1.8 Litigation support. BOA will not be obligated to provide expert witness or other litigation support related to
its services, unless expressly agreed in writing. In the event BOA is required to respond to a subpoena, government
inquiry, or other legal process related to the services in connection with a proceeding to which it is not a party, Client
will reimburse BOA for its costs and compensate BOA at its then standard rates for the time it incurs in gathering
information and documents and attending depositions,hearings,and the like.
1.9 Warranty. If manufactured products are purchased by BOA and furnished to Client or incorporated into the
work, BOA will assign to Client any warranties provided by the manufacturer,to the extent they are assignable, and
Client's sole resource will be against the manufacturer. NO FURTHER WARRANTIES OR GUARANTIES,
EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER
THIS AGREEMENT, AND ANY IMPLIED.WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Full risk of loss of materials and equipment furnished
by BOA will pass to Client upon their delivery to Client's premises,and Client will be responsible for protecting them
against theft and damage. However,until BOA is paid in full,it will retain title for security purposes only and the right
to repossess the materials and equipment.
Article 2:Responsibilities of Client
2.1 Client requirements. Client,to the best of its ability,without cost to BOA,will:
(a) Designate to BOA a person to act as Client's representative;
(b) Provide or arrange for access and make all provisions for BOA to enter any site where services are to be
performed;
(c) Furnish BOA with all reasonably available information pertinent to the services;
(d) Furnish BOA with a legal description of the site and all available surveys,site plans,and relevant information
about site conditions, topography, boundaries, easements,zoning, land use restrictions, and right-of-ways, if
available and as needed;
(e) Furnish BOA with all approvals, permits, and consents required for performance of the services except for
those BOA has expressly agreed in writing to obtain;
(f) Notify BOA promptly of all known or suspected Hazardous Materials at the site,of any contamination of the
site by Oil or Hazardous Material, and of any OTHER CONDITIONS REQUIRING SPECIAL CARE, and
provide BOA with any available documents describing the quantity, nature, location, and extent of such
materials,contamination,or conditions;
(g) Comply with all laws and provide any notices required to be given to any government authorities in connection
with the services,except for such notices BOA has expressly agreed in writing to give;
(h) Before commencement of any drilling or excavation at a site,furnish BOA with a complete description(to the
best of their ability) of all underground objects and structures at the site, including,but not limited to, wells,
tanks,and utilities; and indemnify,hold harmless, and defend BOA against claims arising out of damages to
underground objects or structures not properly defined;
(i) Provide BOA with information concerning prior owners of the site and any current or historical uses of or
activities on the site by Client,prior owners,or others,as needed;
(j) Furnish to BOA any known contingency plans related to the site;
(k) Furnish to BOA any previous environmental audits and/or assessments related to the site.
2.2 Hazards. Client represents and warrants that it does not have any knowledge of Hazardous Materials or Oil,
or unusually hazardous conditions at the site or of contamination of the site by Oil or Hazardous Materials except as
expressly disclosed to BOA in writing.
2.3 Confidentiality. Client acknowledges that the technical and pricing information contained in this Agreement
is confidential and proprietary to BOA and agrees not to disclose it or otherwise make it available to others without
BOA's express written consent.
2.4 Health and safety. Client acknowledges that it is now and will at all times remain in control of the project
site. Except as expressly provided herein,BOA will not be responsible for the adequacy of the health or safety programs
or precautions related to Client's activities or operations, Client's other contractors, the work of any other person or
entity,or Client's site conditions. BOA will not be responsible for inspecting,observing,reporting,or correcting health
or safety conditions or deficiencies of Client or others at Client's site. So as not to discourage BOA from voluntarily
addressing health or safety issues while at Client's site, in the event BOA does address such issues by making
observations, reports, suggestions, or otherwise, BOA will nevertheless have no liability or responsibility arising on
account thereof. Client agrees to indemnify, hold harmless, and defend BOA to the fullest extent permitted by law
Berg♦Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012 -
against any and all claims arising out of such programs,activities,conditions,or deficiencies unless BOA is responsible
for gross negligence with regard to its work.
Article 3:Changes;Delays;Excused Performance
3.1 Changes. Unless this Agreement expressly provides otherwise,BOA's proposed compensation represents its
best estimate of the costs, effort, and time it expects to expend in performing the services based on its reasonable
assumption of the conditions and circumstances under which the services will be performed including,but not limited to,
those stated in Section 3.2. As the services are performed, conditions may change or circumstances outside BOA's
reasonable control (including changes of law or regulatory policy) may develop that would require BOA to expend
additional costs, effort, or time to complete the services, in which case BOA will notify Client, and an equitable
adjustment will be made to BOA's compensation. In the event conditions or circumstances require the services to be
suspended or terminated,BOA will be compensated for services previously performed and for costs reasonably incurred
in connection with the suspension or termination.
3.2 Assumptions. Unless specified in writing,BOA's compensation is based on the assumption that: (a)there is
no impact spoil or excavation of natural resources on or adjacent to the site that has not been disclosed to BOA by the
client; (b)there is no contamination of soil or groundwater at the site by Oil or Hazardous Materials that has not been
disclosed to BOA by Client, (c) BOA will not encounter any underground structures, utilities, boulders, rock, water,
running sand, or other unanticipated conditions in the course of drilling or excavation; (d) tank installations will not
require dewatering by BOA; and (e) if BOA's scope of services includes services related to petroleum facilities or
storage tanks,groundwater will not cause tanks to float or require the use of Ballast. BOA will be compensated for any
additional efforts expended or costs incurred in addressing such conditions.
3.3 Force majeure. BOA will not be responsible for any delay or failure of performance caused by fire or other
casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or
omission of Client or its contractors, failure of Client or any government authority to timely review or to approve the
services or to grant permits or approvals, or any other cause beyond BOA's reasonable control. In the event of such
delay or failure,the time for performance will be extended by a period equal to the time lost plus a reasonable recovery
period,and the compensation will be equitably adjusted to compensate for any additional costs BOA incurs due to any
such delay.
3.4 Disputes. If any claim or dispute arises out of this Agreement or its performance, the parties agree to
endeavor in good faith to resolve it equitably through,negotiation or, if that fails,through nonbinding mediation under
the rules of the American Arbitration Association, before having recourse to the courts. However,prior to or during
negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of
limitation,and BOA may pursue any property liens or other rights it may have to obtain security for the payment of its
invoice.
Article 4:Compensation
4.1 Rates. Unless otherwise agreed in writing,BOA will be compensated for its services at its standard rates and
will be reimbursed for costs and expenses (plus reasonable profit and overhead) incurred in its performance of the
services.
4.2 Invoices. BOA may invoice Client on a monthly or other progress billing basis. Invoices are due and payable
upon receipt by Client. On amounts not paid within 30 days of invoice date,Client will pay interest from invoice date
until payment is received at the lesser of 1.5%per month or the maximum rate allowed by law. If Client disagrees with
any portion of an invoice, it will notify BOA in writing of the amount in dispute and the reason for its disagreement
within 21 days of receipt of the invoice,and will pay the portion not in dispute.
4.3 Suspension,etc. BOA may suspend or terminate the services at any time if payment is not received when due
and will be entitled to compensation for the services previously performed and for costs reasonably incurred in
connection with the suspension or termination.
4.4 Collection. Client will reimburse BOA for BOA's costs and expenses (including reasonable attorneys' and
witnesses'fees)incurred for collection under this Agreement.
4.5 Taxes, etc. Except to the extent expressly agreed in writing, BOA's fees do not include any taxes, excises,
fees,duties,or other government charges related to the goods or services provided under this Agreement,and Client will
pay such amounts or reimburse BOA for any amounts it pays. If Client claims that any goods or services are subject to a
tax exemption or direct payment permit,it will provide BOA with a valid exemption or permit certificate and indemnify,
defend,and hold BOA harmless from any taxes,costs,and penalties arising out of the use or acceptance of same.
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
Article 5:Insurance and Allocation of Risk
5.1 Insurance. During the performance of the services,BOA will maintain the following insurance:
Workers'Compensation Statutory limits
Employers'Liability $1,000,000 each accident
Commercial General $1,000,000 per occurrence&aggregate
Automobile Liability $1,000,000 per occurrence&aggregate
Professional Liability $1,000,000 per claim&aggregate
Insurance certificates will be furnished upon request.
5.2 Client indemnification. For separate consideration of$10 and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, Client agrees to indemnify,hold harmless, and defend BOA
from and against any and all liabilities, demands, claims,fines,penalties,damages,forfeitures,and suits,together with
reasonable attorneys' and witness'fees and other cost and expenses of defense and settlement,which BOA may incur,
become responsible for, or pay out as a result of death or bodily injury or threat thereof to any person,destruction, or
damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of
local,state or federal laws,regulations or orders,or any damages claimed by third parties(collectively, "Damages")to
the extent arising in whole or in part out of Client's violation of law or breach of this Agreement or out of the negligence
or willful misconduct of Client,its other contractors,agents,suppliers,or employees.
5.3 BOA indemnification. For separate consideration of$10 and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, and subject to the limitations set forth in paragraph 5.4,BOA
agrees to indemnify,hold harmless, and defend Client from and against any and all liabilities,demands, claims, fines,
penalties, damages, forfeitures and suits, together with reasonable attorneys' and witness' fees and other costs and
expenses of defense and settlement,which Client may incur,become responsible for or pay out as a result of death or
bodily injury or threat thereof to any person,destruction or damage to any property,contamination of or adverse effect
on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any
damages claimed by third parties (collectively, "Damages") to the extent arising in whole or in part out of BOA's
violation of law or breach of this Agreement or out of the negligence or willful misconduct of BOA, its other
contractors,agents,suppliers,or employees.
5.4 Limitation of liability. BOA's aggregate liability for any and all claims arising out of this Agreement or out of
any goods or services furnished under this Agreement, whether based in contract, negligence, strict liability, agency,
warranty,tort,trespass,or any other theory of liability,will be limited to$10,000 or the total compensation received by
BOA from Client under this Agreement,whichever is the lesser. In no event will BOA be liable for special, indirect,
incidental, or consequential damages, including commercial loss, loss of use, or lost profits, however caused, even if
BOA has been advised of the possibility of such damages. Any claim will be deemed waived unless made by Client
in writing and received by BOA within one year after completion of the services with respect to which the claim
is made.
5.5 Employee injury. Client agrees not to impede or to bring an action against BOA based on any claim or
personal injury or death occurring in the course or scope of the injured or deceased person's employment with BOA and
related to the services performed under this Agreement.
5.6 Defense. Any defense of BOA required to be provided by Client under this Agreement will be with counsel
selected by BOA and reasonably acceptable to Client.
Article 6:Hazardous Materials Provisions
6.1 Hazardous Materials. Except to the extent expressly agreed in writing, BOA's services do not include
directly or indirectly-performing or arranging for the detection,monitoring, handling, storage, removal,transportation,
disposal, or treatment of petroleum or petroleum products (collectively called "Oil") or of any hazardous, toxic,
radioactive, or infectious substances, including any substances regulated under RCRA or any other federal or state
environmental laws(collectively called "Hazardous Materials"). The discovery or reasonable suspicion of Hazardous
Materials or hazardous conditions at a site where BOA is to perform services or of contamination of the site by Oil or
Hazardous Materials not previously disclosed to BOA in writing will entitle BOA to suspend its services immediately,
subject to mutual agreement of terms and conditions applicable to any further services,or to terminate its services and to
be paid for services previously performed. In no event will BOA be required or construed to take title,ownership, or
responsibility for such Oil or Hazardous Materials.
6.2 Manifests. In the event that the scope of services includes the remediation of any Oil or Hazardous Materials,
before BOA removes from a site any Oil or Hazardous Materials, Client will sign any required waste manifests in
conformance with all DOT and other government regulations,listing Client as the generator of the waste. If someone
other than Client is the generator of the waste,Client will arrange for such other person to sign such manifests. BOA
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
will not directly or indirectly assume title to or own or be deemed to possess any materials handled or removed form any
site,including Oil or Hazardous Materials. Nothing in this Agreement will be construed to make BOA a"generator"as
defined in RCRA or any similar laws governing the treatment,storage,or disposal of waste. Except to the extent BOA's
responsibilities expressly include identification of the waste, Client will provide waste material profiles, which
accurately characterize the waste. If the services include transportation of Hazardous Materials or Oil, BOA may
evaluate and recommend possible disposal sites for Client's use. However, under RCRA and CERCLA,the client, as
generator, has ultimate responsibility for selection of the disposal site. Client acknowledges and agrees that it will
evaluate and select the proper disposal site and be solely responsible therefore.
6.3 Hazardous Materials indemnification. Client acknowledges that BOA does not have any responsibility for
preexisting Oil and Hazardous Materials at the site, any resultant contamination there from, or, except as expressly
agreed in writing, for previous detection, monitoring, handling, storage, transportation, disposal, or treatment, that
BOA's compensation is not commensurate with the unusually high risks associated with such materials, and that
insurance is not reasonably available to protect against such risks. Therefore, for separate consideration of$10 and
other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,and in addition to
the indemnification provided in Section 5.2, Client agrees to indemnify, hold harmless, and defend BOA against all
damages arising out of or related to Oil or Hazardous Materials located at or removed from the site,including damages
such as the cost of response or remediation arising out of application of common law or statues such as CERCLA or
other"Superfimd"laws imposing strict liability.
Article 7:Miscellaneous Provisions
7.1 Confidential information. Although BOA generally will not disclose without Client's consent information
provided by Client or developed by BOA in the course of its services and designated by Client as confidential(but not
including information which is publicly available,is already in BOA's possession,or obtained form third parties),BOA
will not be liable for disclosing such information if it in good faith believes such disclosure is required by law or is
necessary to protect the safety, health, property, or welfare of human beings. BOA will advise Client (in advance,
except in emergency)of any such disclosure.
7.2 Notices. Notices between the parties will be in writing and will be hand delivered or sent by certified mail or
acknowledged telefax properly addressed to the appropriate party.
7.3 Assignment, etc. Neither the Client nor BOA will assign or transfer any rights or obligations under this
Agreement,except that BOA may assign this Agreement to its affiliates and may use subcontractors in the performance
of its services. Nothing contained in this Agreement will be construed to give any rights or benefits to anyone other that
the Client and BOA,without the express written consent of both parties. The relationship between Client and BOA is .
that of independent contracting parties,and nothing in this agreement or the parties'conduct will be construed to create a
relationship of agency,partnership,or joint venture.
7.4 Governing law and Headings. This Agreement will be governed by and construed in accordance with the
laws of the State of Texas.The headings in this Agreement are for convenience only and are not a part of the agreement
between the parties.
7.5 Entire agreement. This Agreement supersedes all prior agreements and, together with any work release
document issued under this Agreement and signed by both parties,constitutes the entire agreement between the parties.
Any amendments to this Agreement will be in writing and signed by both parties. In no event will the printed terms on
any purchase order,work order, or other document provided by Client modify or amend this Agreement, even if it is
signed by BOA, unless BOA signs a written statement expressly indicating that such terms supersede the terms of this
Agreement. In the event of an inconsistency between these General Conditions and any other writings,which comprise
this Agreement,the other writings will take precedence.
7.6 SurvivaL All obligations arising prior to this Agreement and all provisions of this Agreement allocating
responsibility or liability between the parties will survive the completion of the services and the termination of this
Agreement.
Berg•Oliver Associates,Inc.
BOA project number 8664espr
September 18,2012
TERRACON CONSULTANTS, INC.
GEOTECHNICAL REPORT
July;27, 2012. Terracan
8grAsSociates, Inc.
13430 Northwest-Freeway, Suite 1100
Houston,Texas 77040.
Attn: Mr, Mr. Chartes M. EaStland,
P:71314623242
E:ceattland@CObfert:corn
RE Cost Estimate for Geotechnical Engineering Services
Shadow Creek Ranch Park,Phase I
NWQ of Shadow Creek Parkway and Kingsley Drive
Peatlandi TeXat
Terracon Document No.P91120084:RevisiOni
Dear Mr;Eastland:
Terracon Consultants, Inc. (Tenacon) understands we have been selected based on
qualifications to provide geotechnical engineering services for the above referenced project
This letter outlines our understanding ofthe scopeofterVicesto be performed by Terracort for
this project and provides an estimate of the cost Of ourservices..
1.0 PROJECT INFORMATION
INS project invOlveS the construction of Phase- f of a new recreation park on a .Site,.
approximately 65.2..acres in size, located atthenorthweacitiadrant(NWQ)of the intersection of
Shadow Creek Parkway and Kingsley Drive in Peariand; ;Texas.. Based on the information
provided to us; Phase I of the proposed recreation park is planned to consist of the following
structures:
ei •An:approximate 10,000squarefoot pavilion;
B. A lawn amphitheater with a stage area;
n: An-approxiMate-86,500 square Thot soccerteld;
EI Six volleyball courts;
El Eight baseball/softball practice fields,and
Parkingetea and associated driveway areas.
In addition, we understand that approximately 70-foot tall light poles will be located near the
baseball/softball-fields and soccer field.
Should any of the-above information.be inconsistent With the planned construction,please let us
know so that we may revise our scope of serViceS.
41-'3 terra=Ciarisultants,Inc; •551LLea3u6 PiPl:ParkOla.Y; F League City;TX T/573
toiS P j281JW:29 F [28i:1557 2990 tertaatin,Orn
Geotechnical m Environmental gg Construction Materials is Facilities
.Cot EStiMate for*Otechnical EngineerinmServices-
• ,
Terran
Shadow Creek Ranch Park,Phase I felarlar4 Texas
Jutigt,2012 elerracon Document No.P91120084 Revisionl
Page 2.
SCOPE OF SERVICES
A brief summary of the services to be provided by Terracon is provided in the following
paragraphs:
Field Program. As requested, the field program: is planned to consist Of drilling abdeen
test borings to depths ranging from 5.tp25.feet,below existing grade.The total drilling footage is
planned tube 32O faet..
Based on theinformation provided to us,theitOring schedule it planned to be as follows:
• °
Pavilion end LaWri
2 25 50
AMOhitheater
pOfestor Soccer.Feld 2 25_ 50
Light Polestar Eight 8 25 200
Baseball/Softball Fields
PrkingArea•W and
45 20
Driveways
Planned Total Drilling.Footage 120
The borings will be located by measuring diStancesand estimating angles from reference points
shOwri tin the drawings prdvided to us-Withoulthe use of survey equipMent. Baring depths will
be measured from existing grade. Upon completion of drilling,the borings will be backfilled with
soil cuttings.
The drillingserVices fOrthisproject will be performed by•a drilling'subcontractor or TerracOrfeln-
house drillers During drilling, soil samples will generally be collected utilizing either open-tube
samplers• or the Standard Penetration Test. Once 'the samples have been collected and
classified in: the field, they will be properly prepared and placed in appropriate •sample
containers for transport to our laboratory. Borings will be backfilled with soil cuttings upon
completion
•
We plan to use all-terrain vehicle (ATV) mounted drilling equipment to access the boring
locations.This scope of services assumes that the site can be accessed during normal business
hours and does not include services associated with Surveying of boring locations, clearing of
pathways locating of underground utilities, or use of equipment for soft or wet surface
conditions. If such conditions are known to exist on.the site,Terracon should be notified so that
we may adjust ourscopeef services and estimated fees,if necessary.
Responsive n Resourceful a Reliable
Cost Esfimattfor Geotechnical Engineering Services
Shadow Creek Ranch Perk;phatela:Peedand,Texas lferraton
Terracon Document No P9112084Revisigni
Page 3
Terracon'will.nOtify Texas811 free utility(boating service, to.help:Iodate public utilities:within
dedicated-public:utility easements: If underground utilities are known to exist within the site,
Terracon ehOuld•be'nOtified so that we may review utility plans to help avoid the existing lines.
Terracon cannot be responsible for damage to unmarked,andlor.unlocated utilities for which we
aregnawareor that are Improperly ideated:
Laborateirv, Tatting. The sample classifications will be reviewed and a. laboratory testing
prograrn. will be assigned which will be specific to the project requirements and the subsurface:
conditions ObterVed.. The testing program could Include, but may not be limited to, moisture
contents, unit dry weights, Atterberg Limits, compressive strength teats; and grain size
analyses.
•
Geotechnical Engineering RebOrt. The results Of our field and laboratory programs will be
evaluated by.a professional Geotechnical Engineer licensed in the State of Texas Based on the.
results of our evaluation,an engineering report*Hite prepared WhiChr,details the:results Of the
testing performed and provides Boring Logs and a Boring Location Plan.The reportWill•provide
gegteChnical:engineering recOMmen.clations which will addratethefollbwing:.
• Siteand.subgradepreparatiOn;
• Foundation design and construction,*etd
a Pavement detign guidelinee.
Schedule. We can initiate our field operations within •four six working days following
authorization to proceed, if site access and weather conditions will permit. We anticipate
completion of our services and submittal of our report within two weeks after completion of our
field services In situations whete information is needed ptiorto.ttibmittal of our report,we can
provide verbal information or recommendations for specific project requirements directly after
wehave comPletedour field and laboratory programs.
31,0 -COMPENSATION
For theecope of services outlined in this document,weestimatea cost-of$10,500. The coat of
our services-will not.exceed thisamouritwithout prior approVal of the Olient.
Additional consultation '(Such as attendance on a project conference call, engineering analysis,
review of project documents, etc) requested will begerfOrmed one time-and-materialtbasi&A
Project Engineer .billing rate of $125 per hour would apply, The fee to provide additional
consultation services will be in excess of the above provided fee to complete the geotechnical
services and Would not be incurred without prior approval of theOlient.
Responsive Ei Resourceful El ReliAblg
•
qostv.4. timatelproecitochnIcaTEngiostioaserviqes
r_
er— •• -,ra.con
Shadow Creek Ranch Park Phase I 0:1Toeqr(ailif7Tica0
July27,2012,4 TerraCcnNeument kf:t.poirOboa4,Revioorri
pege-4 -
4 APTHIPRRATIQM
Environmental ZurisideratiOns. Fri an effort to reilticaythO,..p*OritiOl for cross-contamination Of
sObsOrface,media and exposure of site workers to.:.ochtaMinants4hat might be present at the
site,Terracon eettooto14#15#0it*,###$###§7(1,01*Mki the.011entlefOnn:Terfahhe of known
or suspected envitatintental. conditions at.or,.-egijaperit to the site.,If adverse environmental
conditions are present additional expenses may be necessary to property protect site wotkers.
oeanbendoh:berehotee therrienetrete:',affeCtedgrOoh*ate0eariegASilts.
if Tarragon is not informed of rlofeatially -adVerSe enVironrnental conditions prior to the
geotechni01-services,Terracon will.not he.leaponalkileloroms*contarninatiOn of groundwater
aquifers, soil cofltamlnatlon, or any MadifidattOW:talleanyirantrierital ifiCnifitiOne1a-the site that
may occur during our:geoteOhnieat servipm.The rgeOleOrdoet.,isoppe of services described
above heeect;on our assumption that the site does not tote environmental risks to the
personnettonducting theiteotectiniced:OploratignserVides.
Agreement for Servfees. The work will be performed under a mutually agreed upon clients.
Agreernent for Professional Services whichwill besidroacocathehodget estimate is accepted.
Wevappreciata.the opportunhytc,,provide thts.zpOtestimgttemictIookforwardlo:,tha-zpportunity
ofvotkingiw.ithyou:
$1`rmerelyi
-Torreon Cantaltarits,
.(TexaO:Rogretrationftic;F:327*
•
Oblogiciin,RE. Brandon K.Snlitni RE.
Geotedhhicallvienageriteague City Project HOttOton
• . Todd-E.S'Artrobode,-P-.E.
Geotechnical Services Manager/Houston
•
Responsive rt Resourceful Reliable
EXHIBIT B
FEE SCHEDULE
•
EXHIBIT B
Summary of Fees
Scope Description Fee
Basic Services
Project Management and Civil $ 301,945.00
Architecture, MEP, and Structural (cost+10% mark-up) $ 273,883.50
Total Basic Services $ 575,828.50
Additional Services
Land Surveying (cost+10% mark-up) $ 37,180.00
Subdivision Plat(cost+10%mark-up) $ 6,050.00
Phase I ESA(cost+10% mark-up) $ 2,750.00
Wetlands/USACE Permitting(cost+10%mark-up) $ 13,640.00
Geotechnical Report(cost+10% mark-up) $ 11,550.00
Windstorm Certification $ 2,750.00
Total Additional Services $ 73,920.00
Total Fee $ 649,748.50
EXHIBIT B-1
Basic Services-Project Management and Civil Engineering Proposal
• Shadow Creek Ranch Park,Phase I-City of Pearland
Date:911412012 Project Project Graduate Design CADD Admin Sub-total Subtotal
Principal Manager Engineer Engineer Techniclal Technician Assist. Man-hours (cost$)
. . i.' . ,Billing Rate per Hour '•-. - .- ,.. $210.00 • $155100.' '$135:00 , •$105.00,: .$95,00
Task�DescrlP9on� •
s._....- ., .�,., $60 OD d ' .$80.00• .. ... i
r�` 5'
General naliiii2a MEM_
I I Prepare and maintain project schedule 2 12 - - - 18
2 Attend kick-off meeting and monthly project meetings 8 38 $4,320.g0
48 46 18 112 $14,8130.06
Subtotal General 2 60 48 16 0 0 22-
Programming(10%Design) - - • - - 148 $19,200.00
3 Facilitate Meetings with City staff end user groups to establish criteria for project _ 10 10 28
4 Gather available existing information from the City end dissiminate to consultants - 48 $5,840.00
1 4 8 13 $1,535.00
5 Coordinate with Weisser Engineering to obtain Boundary and topographical surveys 4 10
8 Coordinate with Terrecon to obtain a Phase I ESA for the site 4 14 $1,870.00 •
7 Coordinate with Berg Oliver to update the previously prepared wetlands permit 4 4 $820.00
6 Coordinate with architect in the development of a comprehensive site plan 4 $620.00
9 Coordinate w/architect to develop concepts for floodplain management at creek 8
4 18 • 48 68 •$7,620.00
8 $1,050.00
Subtotal Programming 0 27
Schematic Design(30$'Design) 48 - � ----_ad 0 0,.. 0� 159 $19,48b,00
10 Facilitate meetings w/City end facilitate discussion on park programming 8 8 12 `" .',';
11 Prepare preliminary site plan of Phase 1 of the park 6 24 _ 28 $3,358
30.00
12 Prepare site plans for the baseball fields 30 $3, 0.00
13 Prepare site plan for the soccer field 4 16 20 $2,220.00
14 Prepare paving layouts for roadways end perking lots,Including temp road 8- 24 11 $1,245.
15 Prepare preminerygreding and drainage plan 8 24 6032 $3,600.00
18 Prepare preliminary underground utilities plan _ 8 6 30 30 120 $$8,,600.0.00
18 62 0
17 Prepare existing conditions drainage analysts 20 80 '
18 Prepare proposed conditions drainage analysis 100 $13,900.00
10 75 4 89 $$2,915.00
19 Prepare preliminary storm water detention pond design _ 2 8 12 ,
20 Obtain a geotechnlcal report from Terrecon • 2 22 $2,650.00
21 Conduct eTraffic impact Analysis(tA)IWerrent Study 2 $310.012
2 20• 62 2 86 $9,840.00
22 Coordinate with Weisser Engineering In preparation of a preliminary plat 4
23 Conduct meetings w/BDD4 and HCFCD to discuss drainage concepts 4 $540.00
12 12
24 Coordinate with private utilities 2 8 24 $3,480.00
25 Submit Schematic Design package to City end other agencies - 10 $1,390.00
4 4 6 16 $2,000.00
26 Attend review meeting with the City 4 4
27 Respond to review comments _ 2 4 8 8 $1,160.00
14 $1,690.00
Subtotal Schematic Design 0 80 280 284 0 • 48 8 678 $82,120.00 Design Develo ment 60%Design)
28 Facilitate Meetings with City staff and user groups to establish criteria for project - '~i. '''
128
28 Prepare overall site plans 4 5 40 28 $3,700.00 •
30 Prepare site grading end drainage plans,details,and specs 49_ $5,495.0
4 18 40 80 $8,980.00
31 Prepare Traffic Signal Design 10 20 40 68 32 Prepare underground utilities plans,details,end specs 2 10 40 138 $$5,890.00
33 Prepare stormwater detention pond plans,details,end specs 2' 18 32 52 ,880.00
34 Review requirements of BDD4 and HCFCD for incorporation Into designs 2 4 50 $5,830.00
8 14 $1,890.00
35 Prepare mitigation plan and report to ensure no Impacts to drainage 12 48
38 Identify and coordinate with utilities regarding conflicts - 260
4 $8,340.00
37 Coordinate final utility plans 18 12 24 $2,860.00
12
38 Submit design development submittal to the City _ - 4 4 8 20 $2,340.00
39 Attend review meeting with CRY stall 4 4 8 16 $2,000.0.00
0
40 Attend coordination meetings with BDD4 and HCFCD 8' 6 - 18 $2,740
41 Respond to comments from the City 2 4 q 12 $1,40.00
10 $1,270.00
Subtotal Design Development 0 60 169 252 0 68 0 649 $84,016.00
Page 1 •
EXHIBIT B-1
Basic Services-Project Management and Civil Engineering Proposal
Shadow Creek Ranch Park,Phase I-City of Pearland
Dibrell] _ .. .
Date 911412012 • Project Project Graduate Design CADD Admit: Sub-total Subtotal
Principal Manager Engineer Engineer Technlclal Technician Assist. Man-hours (cost 51
`, - _y `Billing Rate per.Hour .... . , - $210.00 , $155.00. .'$135.00 I.'$105.00.4 '$95100 .`$80.00_ . ..$60100 --
;T�sk D_os_crlpUonf .
2 fir, I fi '$C 'k: '.:riYf a -- —
11,
f=(_A(=I (o l [ f{tr 1
Construction Documents(100%Design) x, _ _,.�.- _�W- _. - -
42 Finalize overall site plans,details,and specs
43 Finalize site grading and drainage plans,details,end specs 4 4- 12 24 8 48 $5,400.00
44 Finalize Traffic Signal Design 2 16 4B B 0
fiB...
$7,620.00
45 Finalize underground utilities plans,details,end specs 4 16 40 $1,690.00
46 Finalize atormweter detention pond plans,details,end specs 2 4 8- B0 $2,970.00
47 Coordinate with Weisser Engineering In completion of final plat 4 1fi- 30 $2,970.00
48 Complete final coordination with private utilities end service providers 4 8 4 $820.00
49 Submit Construction Documents Package 8 4 16 - 12 $1,700.00
50 Attend review meeting as needed 4 4 16 44 $4,740.00
51 Address final comments from the City end other agencies 6 $5,20.00
8 8 16 24 58 5 9$310.00
52 Coordinate with Berg Oliver an final approval of USAGE nationwide permit - 2
53 Acquire approvals from City,BON,HCFCD,and TxDOT 4 2 $310.00
54 Acquire signatures from the City Engineer end CEO 4 4 $620.00
55 Submit plans to TDLR for review 1 2 4 4 $620.00
56 Prepare bid sets for distribution via the City§ 4 8 8 16 36 E-bld System 6 3 53$3,820.,820.0000
•
Subtotal Construction Documents 0 so 88 164 0 92 0 401 545,335.00
Bidding sda }.' ,:; °
57 Provide Notice to Bidders to the City to utilize In E-bid System •- NifiraM
58 Provide electronic bid set to PM for the E-bid System 4 1 5 $6$0.00
• 59 Chair Pre-bid and attend Bid Opening 4 - 0 0.00
60 Respond to Ms and prepare addenda 4 4 _ 4 $620.00
61 Prepare Recommendation of Award Letter upon review of bids 8 8 $1,180.00
62 Attend Council Meeting end respond to any questions regarding award q 4 8 $1,240.00
63 Prepare end transmit 5 copies of project manual for execution - 8 $1,460.00
4 8 8 32 $1,940.003
64 provide 2 City end Cocopies of as part of Centred award process. 4 4 8 16
32 $3,2BO—
Subtotal Bidding 4 32 8 16 0 16 g
85 E10,380.00
Construction Administration s4. . r'= x r 1
85 Attend Pre-construction meeting and regular construction meetings 48 48 BB ,i$13,920.00
68 Review submittals,shop drawings and RFis - 44 24
67 Review CMT reports 4 24 - 68 $$3,060.D0
68 Review end approve contractor pay applications 18 28 ,880.00
89 Coordinate with Project Manager with regard to change order approvals 16 18 $2,160.05
70 Participate in Substantial/Final Completion Walk Through 16 8 - 16 $2,480.00
71 Prepare Record Drawings(ReviawNedty4ncorporate As-Built) 4 - 16- 40 24 $3,560.00
72 Attend final acceptance walk-through 12 12 _ 24 $5,500.00
73 Review end Approve O&M manuals 2 8 24 $3,480.00
.10 $1,390.00
Subtotal Construction Administration 0 148 140 16 0' 40 0 342 548,410.00
Expenses rf "f !.:-"a.'* ' .. •e. r. .._i
74 Travel s,. ..�'^ 10a : • '.- s.....:;j_.zw' ,.c aF .."•." z g* ;
ii� _
—
75 Postage/Courier $2,000.00
78 Supplies/Copies $1,000.
$12,000.Do
Expenses Subtotal $16,000.00
Total Basic Services
$301,946.00
Page 2
EXHIBIT B-2
Basic Services-Architectural Proposal
Shadow Creek Ranch Park,Phase I-City of Pearland
-r
i. : ,',, i:c'1r4, v __ __ _ -riRmtiall+i?OrtnilddtEt ^x
Date 8/14/2012 Project Intern Structural MEP CADD Admin Sub-total Subtotal
Principal Architect Architect Engineer Engineer Technician Assist. Man-hours (cost$)
. Billing Rate per Hour $195.00 $145;00 $95:00 ';$150!00 $150;00
— — $7500
Task Descnptlon T r
B•SIC
Programming(10%Design) ,'7,, r"?' ,` ` },... .;_n' rl r-w,.tb",: Pl r 74s r. ,q.,.
1 Facilitate Meetings with City staff and user groups to establish criteria for project 12 14 26 $3,070.00
2 Create a comprehensive site plan in accordance with City requirements 2 12 24 38 $4,410.00
3 Confirm program of spaces for parkland and associated structures 4 12 16 $1,720.00
4 Develop basic components of park and building program 4 12 2 18 $2,020.00
5 Develop a preliminary cost estimate and project schedule 8 10 20 5 43 $6,035.00
6 Prepare and submit programming documents for review and approval 10 18 $3,160.00
Subtotal Programming 2 50 80 10 22 0 5 169 $20,415.00
Schematic Design(30%Design)
7 Attend meetings w/City and facilitate discussion on park programming 8 12
_ 20 $2,320.00
8 Review design with regard tobity codes,standards and guidelines 16 116 $2,320.00
9 Work w/Civil Engineer to develop layout for baseball fields,including lighting 4 10 14 $1,530.00
10 Work w/Civil Engineer to develop layout for soccer field and appurtenances 4 10 14 $1,530.00
11 Develop layout for volleyball courts 4 10
12 Work w/Civil Engineer to develop layout and details for trail system 4 10 14 $1,530.00
13 Develop designs for lawn amphitheater and pavilion 12 32 16 16 14 $9,580.00
76 $9,580.00
14 Develop designs for concession/restroom facilities 8 18 10 20
_ 56 $7,370.00
15 Develop designs for playground 9 16 25 $2,825.00
16 Develop preliminary landscape concepts 10 16
26._ $2,970.00
2 8 1 1
17 Develop preliminary site signage concepts 10 $1,050.00
18 Prepare Schematic Design Report 4 8 5_ 17 $1,715.00
19 Submit Schematic Design Package 3 6 9 $1,005.00
20 Attend review meeting with the City 3 6 9 $1,005.00
21 Respond to Comments from the City 8 12 10 30 $3,050.00
•
Subtotal Schematic Design 0 99 174 26 36 0 15 360 $41,310.00
Design Development(60%Design) .. 11.' I r _ g_._ :E .•. _., 1 w..1.s ,'. ,n. _, •,
22 Develop designs and specs for fencing and lighting at baseball fields 16 24 8 3 51 $6,025.00
23 Develop designs and specs for soccer field appurtenances 16 24 2 20
2 64 $8,050.00
24 Develop designs and specs for volleyball courts 16 24 8 20 2 70 $8,950.00
25 Develop designs and specs for the lawn amphitheater and pavilion 20 32_ 10 20 12 2 96 $10,590.00
26 Develop designs and specs for the concession/restroom facilities 24 32 10 20 24 5
5
27 Develop designs and specs for the playground and equipment 16 24 1 $ ,975.00
28 Develop designs and specs for the site landscaping and Irrigation 16 20 10 5 4 5 $4,975.0011
— 5 51 $6,095.00
29 Develop designs and specs for site signage 6 20 _ 5 31 $3,145.00
30 Prepare Design Development report 16 24 40 $4,600.00
31 Submit Design Development Package 5 10 5 20 $2,050.00
32 Attend review meeting with the City 4 10 14 $1,530.00
33 Respond to comments from the City 12 24 5 41 $4,395.00
Subtotal Design Development 0 167 268 38 90 36 39 638 $71,800.00
Page 1
EXHIBIT B-2
Basic Services-Architectural Proposal
Shadow Creek Ranch Park,Phase I-City of Pearland
1y L-': ,._ f• '> :4._ ',-_.1�.Y_,_d• .a. ".': 'fY"•-'.101. . titre. 8 ,1.'Si1.211r4i•,..: ts'_'_•:l i Olds +_o a tirili'-_=•�rv,1 ax.tro, ys ___
Date:9/14/2012 Project IntInternStructural MEP CADD Admin Sub-total Subtotal
• Principal Architect Architect Engineer Engineer Technician Assist. Man-hours (cost$)
Billing Rate per Hour $195!00 ,$145.00 ; $95:00 ' .$1,50:00 '$150l00, '$75 00' -
ask Description, n I a ,l` a ! f -—7—:, --r-- --.--. },
T
B•M PI-W [ [1"V,1;r5 c';r- )a r.v c.I
Construction Documents(100°!Design) a - ,v;777,-'7'.1"2 r -"` ^rtf n ^<�
34 Construction plans and specs for fencing and lighting at baseball fields ' 10 10 10 40 70 $9,900.00
35 Construction plans and specs for soccer field appurtenances 5 16 8 30 59 $7,945.00
36 Construction_plans and specs for volleyball courts and appurtenances 10 10 2 30 _ 52 $7,200.00
37 Construction plans and specs for the lawn amphitheater and pavilion 12 12 15 40 79 $11,130.00
38 Construction plans and specs for the concession/restroom facilities 10 18 12 40 80 $10,960.00
39 Construction plans and specs for the playground and equipment 4 10 14 $1,530.00
40 Construction plans and specs for the site landscaping and irrigation 2 10. 10 22 $2,740.00
41 Construction plans and specs for site signage 2 8
42 Submit Construction Documents Package 10 4 10 $2,205.00
5 19 $2,205.00
43 Attend review meeting with the City 8 8 - _ 16 $1,920.00
44 Respond to comments from the City 10 12 1 23
45 Submit final construction documents to the City for approval 8 $1,235.00
1 9 $1,235.00
Subtotal Construction Documents 0 91 118 47 190 0 7
463 $60,480.00
•
Bidding(Hourly NTE) I �r 3:tea x :ter i''' 'Y 1
46 Attend Pre-bid q �'4 4 $580.0.00
47 Respond to RFI's 10 7 7 24 $3,550.00
48 Assist engineer in issuance of Addenda 4 8 8 20 $1,940.00
Subtotal Bidding 0 18 8 7 7 0 8 48 $6,070.00
Construction Administration(Hourly NTE) & ._ " ,4) 3 yp.i 4' ` y,,)i t ;, � F �,, p, ;!
49 Pre-Construction Meeting/Progress Meetings/site visit(Minimum One Monthly and As Needed), 40 10 5 5 10 70 $9,000.00
Review and Respond to Submittals/RFI's/RFP's/Change Orders/In-Field Investigations and —
50 Solutions,Etc. 80 7 16 103 $15,050.00
51 Substantial/Final Completion Walk Through 24 16 5 10 -
52 Record Drawings(ReviewNerify/Incorporate As-Built) 4 24 40 .2 10 10 $8,360.00
70 $8,360.00
Subtotal Construction Administration 4 168 66 ' 19 31 0 20 308 $40,410.00
Expenses •
53 Travel •
54 Postage/Courier. 500.00
5 $1,000.00
56,000.00
5 Supplies/Copies
Expenses Subtotal
$8,600.00
Total Basic Services
$248,985.00
•
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