Loading...
R-2014-025 2014-03-10RESOLUTION NO. R2014-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO FINANCE LETTER AGREEMENTS WITH THE LOWER KIRBY MUNICIPAL MANAGEMENT DISTRICT AND PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1, AND AN ENGINEERING SERVICES CONTRACT WITH LJA ENGINEERING ASSOCIATED WITH REGIONAL DETENTION FACILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Those certain Finance Letter Agreements by and between the City of Pearland, the Lower Kirby Municipal Management District and Pearland Municipal Management District No. 1, copies of which are attached hereto as Exhibits "A," "B," "C," "D," "E" and "F" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That certain contract for engineering design services, by and between the City of Pearland and LJA Engineering, a copy of which is attached hereto as Exhibit "G" and made a part hereof for all purposes, is hereby authorized and approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest Finance Letter Agreements with the Lower Kirby Municipal Management District and Pearland Municipal Management District No.1, and a contract for engineering design services with LJA Engineering. PASSED, APPROVED and ADOPTED this the 10th day of March, A.D., 2014. -='===%)01,v 6-4 TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY LJA Engineering, Inc. 2929 Bnarpark Drive Phone 713 953 52=60 Suite 600 Fax 713.953.5026 Houston, Texas 770423703 www.ijaeng aeenng coni February 12, 2014 Ms. Jennifer Lee Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Lower Kirby Regional Detention Master Plan and Phase 1 Design LJA Proposal No. 13-07767 Dear Ms. Lee: We are pleased to submit this proposal to City of Pearland to develop a Master Plan for the ultimate build out of the Lower Kirby Regional Detention Facility located at the southwest corner of SH 288 and Beltway 8 just north of Clear Creek. LJA recently completed an impact analysis of the project area and will use this knowledge to build on for this next phase of the project Based on discussions from the project meeting September 11, 2013, LJA will prepare a scope to develop an analysis of the existing TxDOT ditch, a Master Plan document to assist the City for future development, an analysis of the SH 288 detention requirements, and Phase 1 construction plans. Field survey of the existing TxDOT ditch is included as well as environmental review of the project to obtain a jurisdictional determination of any wetlands in the area and guidance for permitting. Below the items are discussed in detail. Scope of Services Preliminary Design Phases Services Data Collection 1. Attend Design Kick-off meeting with City to review City's objectives a. Refine, define, and agree on project scope and limits 2. Review adjacent projects, current and future, to identify any interplay or impact to or from subject project a. Identify any requirements stemming from this relationship if it exists 3. Identify existing data sources and resources currently held by the City and make arrangements to obtain this information 4. Identify any gaps in this data and make arrangements to supplement through other sources, specifically: a. Surveys b. Environmental 0 ‘PROPOSA020131Cny of Pearlan M3 -07767 -rev pro rbex SWCA ENVIRONMENTAL CONSULTANTS Sound Science. Creative Soliniona. September 18, 2013 Houston Office 7lss Langley. Sue* 100 Houston, IX 77040 Tel 713 934 9900 Foe 713 934 9506 David H. Zuhlke, Division Manager of Water Resources LJA Engineering, Inc. 2929 Briarpark Drive Suite 600 Houston. Texas 77042 Re: City of Pearland Regional Detention Facility Permitting Dear Mr. Zuhlke: Thank you for the opportunity to propose our environmental consulting services in support of the City of Pearland's (COP) efforts to obtain United States Army Corps of Engineers (USACE) authorization for the development of a regional detention facility near the intersection of the Sam Houston Toliway and State Highway 288. Based on our discussions with LJA Engineering (LJA), SWCA understands that LJA, as the project engineer, intends to construct as many as three new detention ponds, and modify an existing pond in the southwest corner of the property to develop this regional detention facility. The new ponds, to be excavated from within the right-of- way of an existing Texas Department of Transportation (TxDOT) stormwater ditch, will be interconnected and discharge to the existing modified pond. This system of ponds will discharge into the existing TxDOT ditch which ultimately discharges to Clear Creek, a water of the U.S. that flows along the southern boundary of the property and discharges into Clear Lake. It is our understanding that LJA is requesting that SWCA perform the required natural and cultural resources investigations necessary to achieve regulatory compliance under the Clean Water Act (CWA), and to submit (if required) a Pre -construction Notification (PCN) for Nationwide Permit 7 to the United States Army Corps of Engineers for the construction of an outfall and control structure from the existing pond into the existing TxDOT ditch. Pursuant to this understanding, SWCA has developed the following scope of services to ensure the proposed project is compliant with the regulations and general conditions of the Nationwide Permit program. TASK 1: WETLAND DELINEATION AND REPORT In December 2006, SWCA conducted a wetland delineation on the 44 -acre parcel in which the COP is proposing to modify the existing detention pond. At that time, SWCA located one small wetland in the southwest corner of the survey tract. Since that time, the USACE has adopted new rules regarding how wetland delineations are to be performed and documented. Therefore, it will be necessary for SWCA to re -delineate the areas previously surveyed as well as the additional SWCA ENVIRONMENTAL CONSULTANTS David 1i. Zublke WA Engineering, Inc. September 19, 2013 Page 2 of 7 areas identified consistent with the new guidelines and publish our findings within a report suitable for submission in support of a PCN. SWCA understands project area will include: • The approximately 44 -acre COP parcel abutting Clear Creek to the north and south of the Lower Kirby Retention Detention Facility (LKRDA) project area, • A 200 -foot wide corridor (400 -foot total) on east and west side of the existing TxDOT ditch between the Sam Houston Tollway access road and the Kirby drainage ditch, and • A 300 -foot wide corridor (600 -foot total) on east and west side of the existing TxDOT ditch south of the Kirby drainage ditch to the southern boundary of the LKRD project area. SWCA will conduct a field wetland and ordinary high water mark (OHWM) delineation following the technical standards and procedures described in the 198' USACE Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manua!: Atlantic and Gulf Coastal Plain Region (Regional Supplement). Based on these guidelines, SWCA will investigate the project area for the presence or absence of areas possessing wetland characteristics: (hydrophytic vegetation, hydric soils, and wetland hydrology), where present, and delineate the boundaries of those areas. The OH WM of any waterbodies within the subject tract boundaries will also be delineated. An OHWM is a line on the banks of water course established by the fluctuations of water as indicated by a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of debris, or other appropriate means that consider the characteristics of the surrounding areas. In accordance with the Galveston District USACE's Standard Operating Procedure (SOP) for preparing surveys for jurisdictional delineation verifications with Global Positioning Systems (GPS), SWCA will use a Trimble differentially real-time corrected GPS to geographically reference features including data points, wetland boundaries, and OHWM boundaries obtained during the field investigation. The SOP requires the duplication of IOM of wetland boundary points and creating a data set verifying the accuracy of the GPS data. SWCA will prepare a wetland delineation report summarizing this investigation that desribes the waters and wetlands identified within the project area. Estimates of acreage and/or linear -feet of potential "waters of the U.S." based on the field effort will be described. The report will include maps, photos, and representative descriptions of all vegetation community classes encountered. For budgeting purposes, SWCA estimates that a two -person team will complete the field efforts for the project area in 2 days, assuming no weather-related delays are encountered. The wetland delineation report will be completed three weeks after the field work is finished. Estimated Cost for Task I: S7I38.00 TASK 2: THREATENED AND ENDANGERED SPECIES EVALUATION SWCA ENVIRONMENTAL CONSULTANTS David H. Zuhlke UA Engineering, Inc. September 19, 2013 Page 3 of 7 To use NWPs for project authorization in waters of the United States, General Condition 17(c) requires non -Federal applicants to identify federally -listed threatened or endangered species and/or their designated critical habitat that may be affected by the proposed work. SWCA will review the U.S. Fish and Wildlife Service (FWS) and the Texas Parks and Wildlife Department (TPWD) threatened and endangered species lists for Harris County, Texas. Based on this review, SWCA will observe the project site during the delineation field visit, for the presence of listed species and/or potential habitat. SWCA will collect general data on the site characteristics and formulate an opinion on the presence of listed species or their habitats. Additionally, SWCA will prepare and submit a Texas Natural Diversity Database Review request regarding the listed species on the project. SWCA will discuss our findings and conclusions from the database revieva and site visit and provide our results in the form of a letter report as supporting documentation for a Pre - Construction Notification (PCN). Estimated Cost for Task 2: 52902.00 TASK 3: CULTURAL RESOURCE INVESTIGATIONS To use NWPs for project authorization to work within waters of the United States, General Condition 20(c) requires non -Federal applicants to identify culturally significant sites and historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places that might be affected by the proposed work. Therefore it will be necessary to perform the required cultural resource investigation to ensure compliance under this condition. Task 3a: Review, Pre -field Preparations and Agency Coordination SWCA will conduct a thorough background archaeological literature and records search of the project area. For this research, an SWCA archaeologist will search site files, records, and maps files on the Texas Historical Commission's (THC's) Texas Archeological Sites Atlas (Atlas) online database for any previously recorded surveys and historic or prehistoric archeological sites located in or near the project area. In addition, the Atlas review will provide the location of any National Register of Historic Places (NRNP) properties, State Antiquities Landmarks (SALs), Official Texas Historical Markers (OTHMs), Registered Texas Historic Landmarks (RTHLs), cemeteries, and local neighborhood surveys. This task also includes time for the project archaeologist to make arrangements for crew, rentals, etc. as well as coordinating access and timing of the field investigations with the client. Time is also included for the Project Manager to track the budget and project and ensure that invoicing is conducted properly and efficiently. Agency coordination will be primarily conducted by the Principal Investigator (PI), and will include determining the level of regulatory compliance with the THC and fulfilling all project requirements for methods and reporting throughout the course of' the project. Because the project is sponsored by a political subdivision of the State of Texas, SWCA ENVIRONMENTAL CONSULTANTS David FI. ZuhlLe UA Engineering, Inc. September 19, 2013 Page 4of7 the City of Pearland, and will be constructed within one or more public easements, a Texas Antiquities Code (TAC) Permit will be required prior to the onset of any field investigations. Time estimate: 3-5 days to prepare TAC Permit and obtain requisite signatures: 5-' days for THC review and authorization. Estimated Cost for Task 3a: $1,530.00 Task 3b — Phase 1 Archeological Survey Upon receipt of the TAC Permit, SWCA will undertake an intensive archaeological survey of the project area. The survey wilt be of sufficient intensity to determine the nature, extent, and, if possible, significance of any cultural resources located within the proposed project area. The survey will meet all THC minimum archaeological survey standards for such projects with any exceptions thoroughly documented. The field survey will consist of one team of SWCA archaeologists walking the entire project area. During the survey, the archaeologists will be examining the ground surface for cultural resources. Subsurface explorations to be utilized during the survey include shovel testing. The utilization of shovel tests will be keyed to the level of disturbance of the proposed project and the nature of the soils, geology, and topography. Shovel tests will be excavated in 20 -cm arbitrary levels to I m in depth or to culturally sterile deposits, whichever comes first. The matrix will be screened through '/,-inch mesh. The location of each shovel test will be plotted using a GPS receiver, and each test will be recorded on appropriate project field forms. Areas with previously recorded sites or other cultural resources will require additional shovel testing to explore the nature of the cultural deposits. For reference, THC survey standards call for a minimum of I shovel test per 2 acres for projects of this size. If sites are encountered, a minimum of 5 shovel tests will be excavated per site. Shovel tests will be excavated to the depth of project impacts. If it is found that they cannot adequately explore project impacts in soils with potential to contain buried archaeological materials, backhoe trenches will be recommended. No backhoe trenching is included in this cost estimate. If an archaeological site is encountered in the proposed project area during the investigations, it will be explored as much as possible with consideration to land access constraints. Any discovered sites will be assessed in regards to potential significance so that recommendations can be made for proper management (avoidance, non -avoidance, or further work). Additional shovel tests will be conducted per THC standards at any discovered sites to define horizontal and vertical boundaries. Appropriate State of Texas Archaeological Site Data Forms will be tilled out for each site discovered during the investigations. A detailed plan map of each site will be produced and locations will be plotted on USGS 7.5 -minute topographic maps and relevant project maps. Time estimate: I -day of on following issuance of TAC Permit; effort completed within 5 da;� of TAC Permit issuance SWCA ENVIRONMENTAL CONSULTANTS Estimated Cost of Task 3b: $1,682.00 Task 3c — Archeological Report Production David 11. zubtkc UA Engineering, Inc. September 19, 2013 Pagc5of7 Once the fieldwork has been completed, SWCA will begin work on a report of the investigation for submittal to the client and involved regulatory agencies. The report will be in conformance with all NI -IPA report guidelines. The report will detail the methodology used in the investigations, background environmental and cultural information, the presence and condition of previously recorded sites and any cultural resources encountered during the archaeological survey, recommendations on the need for further work (if any), and the potential significance of the cultural resources in regards to future development and eligibility for listing on the National Register of Historic Places. Draft copies of the report will be submitted to the client for review and comment. Once this has been accomplished, any appropriate edits will be made and a draft report will be submitted to the THC for review. The Texas Antiquities Code also requires that one hard copy and one electronic copy of the final report be submitted once the project is completed. In addition, all recovered artifacts and documentation must be curated at an approved repository. In this case, if artifacts are recovered and curation is needed, SWCA will use the Texas Archaeological Research Laboratory in Austin. Curation involves preparing the artifacts (washing, labeling, cataloging, etc.) and paying a fee for storage space. Time estimate: Draft Report delivered within 15 days of completion ofall field work Estimated Cost of Task 3c: $2,860.00 Estimated Total Cost TASK 3: S6,072.00 TASK 4: PROPOSED STORMWATER POND OUTFALL AND WEIR PCN The modified detention basin will require an outfall structure to drain into TxDOT Stormwater ditch. SWCA anticipates that the proposed outfall may be authorized by NWP 7. The determination of the appropriate NWP and requirement to submit a PCN depend on project design and anticipated impacts to waters of the United States, as established through the results of the delineation efforts (Task 1). If necessary, SWCA will prepare a PCN for the appropriate NWP. SWCA will coordinate with LJA to obtain necessary project design information including plan and profile drawings of the proposed outfall structure that will be included with the PCN package. The PCN will also include reports of findings for the threatened and endangered species and cultural resources investigations. The wetland delineation report will be an attachment to the PCN. The PCN will be submitted seeking a Preliminary Jurisdictional Determination (PJD), which will expedite processing time but will not allow USACE jurisdiction to be contested. The PJD is typically a SWCA ENVIRONMENTAL CONSULTANTS Dat id 11. Zuhlkc UA Engineering, Inc. September 19, 2013 Page 6 of 7 desktop evaluation of the delineation of waters of the United States and does not require a field verification visit with the USACE. Once a PCN has been submitted to the USACE, they will have 30 days to determine if the PCN is complete or request additional information. SWCA will coordinate with the USACE to ensure that the USACE has received all required information and reduce USACE processing time as much as possible. Although dependant on the USACE's workload at the time of the permit application, USACE-Galveston District processing of an NWP is anticipated to take up to 45 days from the date they have they determined the PCN to be complete to the date of issuing an authorization letter. If a PCN is determined unnecessary based on project design and impacts to waters of the United States, SWCA will prepare a document justifying the lack of necessity in preparing and submitting a PCN. Justification will be based on NWP language, conditions, and PCN requirements and will also note important NWP conditions that will apply to the project. Although a PCN may not be required, the project will still be authorized under a NWP; therefore, all applicable nationwide and regional conditions will apply to the design and construction of the outfall structure. Total Cost for Task 4: 56,500.00 ADDITIONAL ASSUMPTIONS The following assumptions regarding the project were used in developing the scope of work and estimated cost: I . Each field crew will be able to work full 10 -hour days. SWCA field crews will conduct their own morning tailgate safety meetings within this 10 -hour day. This estimate does not include additional morning or evening meetings required by the client or land agent. 2. The outfall location will be visually staked or accurate coordinates of the outfall location will be provided prior to conducting the delineation and cultural resources survey. 3. SWCA has not anticipated or assumed the need for client and/or USACE meetings. Such meetings, as necessary or requested, are beyond this scope of work and will be invoiced in accordance with the attached Rate Schedule. 4. LJA will provide engineering plans and cross-sectional drawings of the proposed project, which will incorporate boundaries of waters of the United States; 5. LJA will provide calculations for the approximate amount of material to be placed (cubic yards) below the OHWM; 6. Archaeological artifact curation fees are not included in this proposal. In the unlikely event that artifacts requiring curation are collected, a change order will be necessary to cover the cost of curating them at an approved facility. This will be invoiced at cost plus 10 percent. 7. The proposed discharge effluent will be stormwater only. Wastewater effluent requires a separate permit from the Texas Commission on Environmental Quality and is not considered within this scope of work. SWCA ENVIRONMENTAL CONSULTANTS David 11.7_uhlke I JA Engineering, Inc. September 19, 2013 I'agc 7 of 7 8. This scope of services only covers documentation required to support the submission of a PCN for authorization under a Nationwide Permit. Should this project require and Individual Permit from the USACE Galveston district, SWCA will prepare a separate scope of services and cost estimate to obtain such authorization. COST AND SCHEDULE SWCA proposes to invoice our services on a time and materials basis at an estimated cost not to exceed 522,612.00 for the services described above. Each of the tasks enumerated above may be performed independently of each other and authorized separately based upon the client's requirements. Invoicing will be once per month. Services will be rendered per our "Consulting Services Agreement", dated November 30, 2012. If you find the scope of services, terms, and costs of this proposal to be acceptable, please contact me to initiate contracting. SWCA is prepared to begin work immediately following individual authorization from LJA. SWCA is grateful for the opportunity to provide this scope, schedule and cost estimate. If you have any questions or require any additional information, please call me (281-617-3217) or email (csdavis'iPswca.com) Sincerely, SWCA Environmental Consultants Scott Davis Project Manager cc: Mike Souliere, SWCA (Houston) City of Peadand Regional Detention Basin Fee Estimate -Summation 211:,2014 5180 5155 5127 S78 566 Project Senior CADD/GIS Task Cost Manager Engineer Engineer Operator Clerical Total Hours A TxDOT DITCH CAPACITY ANALYSIS A.1 Hydrology 54,392 2 24 4 30 A.2 Develop Hydraulic Model 511,276 1 80 12 93 A.3 Develop Capacity Development Area 57,696 2 8 48 58 A.4 Technical Memorandum 53,640 4 16 8 4 32 Subtotal A 527,004 9 32 144 24 4 B DRAINAGE MASTER PLAN 0.1 Phased Hydrologic Models 57,740 1 16 40 57 B.2 Phased Hydraulic Models 510,792 1 12 64 8 85 B.3 Ultimate Acquisition Exhibits (Part o1 Survey Cost) SO 0 8.4 Drainage Master Plan Report 514.560 12 48 16 24 16 116 Subtotal 0 S33,092 14 76 120 32 16 C PHASE 1 CONSTRUCTION PLANS Cover Sheet 5746 1 2 4 7 General Notes 51.664 2 8 2 2 14 Project Layout 51.936 1 4 16 21 TxDOT Plan 8 Profile (9 sheets) 512,432 9 36 80 125 TxDOT Ditch Cross -Sections (200 feet) (4 sheets) 54.740 4 12 32 48 Fruge Culvert Crossing 53,248 2 8 24 34 Connection to Detention Basin 51.936 1 4 16 21 Detention Basin Outfall 51.936 1 4 16 21 Detention Basin Layout 52,560 1 4 24 29 Detention Basin Grading S3,872 2 8 32 42 TxDOT Ditch Outfall Removal 51,058 1 2 8 11 TxDOT SWPPP (5 sheets) 57.580 2 20 60 82 Detention Basin SWPPP 52,444 1 8 16 25 Drainage Details (2sheets) 53,756 2 12 24 38 Subfatai C 549.908 30 0 132 354 2 D FIELD SURVEYING D.1 Field Topographic Survey of TxDOT Ditch 514,580 D.2 Obtain Right of Entry 51.676 D.3 Property Ownership Exhibits 56,943 Subtotal D 523,199 0 0 0 0 0 E ENVIRONMENTAL E.1 Wetland Delineation Report 57.138 E.2 Threatened and Endangeterd Species 52.902 E.3 Cultural Resources Investigation 56,072 E.4 PCN and Pre Submittal Meeting 56.500 Subtotal E 522.612 0 0 0 0 0 F COORDINATION Coordination 514,376 56 24 16 96 Subtotal F 514,376 56 0 24 16 0 96 G PROJECT MANAGEMENT G Project Management 512,840 64 20 84 Subtotal G 512,840 64 0 0 0 20 TOTAL 5183,031 173 108 420 426 42 1265 211:,2014 City of Pearland Lower Kirby Regional Detention Facility Cost by Task Item and Description Task l: Wetland Delineation and Report Unit Cost Units Quantity Total Cost Environmental Resource Specialist V 105.00 hr 7 735.00 Environmental Resource Specialist IV 93.00 hr 45 4,185.00 Environmental Resource Specialist I 61.00 hr 18 1,098.00 CADD/ GIS Specialist 11 71.00 hr 5 355.00 Equipment and Supplies 765.00 Total 75 7,138.00 Task 2: T&E Species Survey and Report Environmental Resource Specialist V 105.00 hr 2 210.00 Environmental Resource Specialist IV 93.00 hr 18 1,674.00 Environmental Resource Specialist I 61.00 hr 10 610.00 CADD/ GIS Specialist II 71.00 hr 2 142.00 Equipment and Supplies 266.00 32 2,902,01 Task3: Cultural Resources 3a Review filed Prep & Agency Coordination Cultural Resource Specialist VIII 138.00 hr 1 138.00 Cultural Resource Specialist III 83.00 hr 8 664.00 Cultural Resource Specialist I 61.00 hr 4 244.00 CADD/ GIS Specialist II 71.00 hr 2 142.00 Administrative Technician II 61.00 hr 0.5 52.00 Equipment and Supplies 290.00 Total 1,530.00 3b Phase I Archeological Survey Cultural Resource Specialist VIII 138.00 hr 1 138.00 Cultural Resource Specialist III 83.00 hr 2 166.00 Cultural Resource Specialist 1 61.00 hr 12 732.00 Cultural Resource Technician I 49.00 hr 12 588.00 Equipment and Supplies 58.00 Total 1,682.00 3c Archeological Report Production Cultural Resource Specialist VIII 138.00 hr 1 138.00 Cultural Resource Specialist Ill 83.00 hr 6 498.00 Cultural Resource Specialist I 61.00 hr 30 1,830.00 CADD/ GIS Specialist II 71.00 hr 3 213.00 Administrative Technician II 61.00 hr 0.5 52.00 Equipment and Supplies 129.00 Total 2,860.00 SWCA Environmental Consultants City of Pearland Lower Kirby Regional Detention Facility Cost by Task NWP 7 Production Environmental Resource Specialist V 105.00 hr 8 840.00 Environmental Resource Specialist IV 93.00 hr 40 3,720.00 Environmental Resource Specialist I 61.00 hr 25 1,525.00 CADD/ GIS Specialist II 71.00 hr 4 284.00 Equipment and Supplies 131.00 Total 6,500.00 Project Total $22,612.00 SWCA Environmental Consultants City of Peartand Regional Detention Basin Fee Estimate -Survey Detail 10/30/2013 $135 $147 $133 $99 $83 $120 S61 $50 Survey Dept Survey Surey CADD Project Clerical Abstractor Total Crew Mgr Mgr Tech Tech Surveyor Hours E FIELD SURVEYING E.1 Field Topographic Survey of TxDOT Ditch S14,580 72 8 17 16 4 5 122 E.2 Obtain Right of Entry $1,676 1 9 12 1 23 E.3 Property Ownership Exhibits $6,943 2 11 52 4 20 89 Subtotal E $23,199 72 2 8 28 77 4 21 21 10/30/2013 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 March 10, , 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for 72.3% share 38.893 -acre Detention Pond To Whom it may concern: Resolution R2014-25 Exhibit "A" LOWER KIRBY PEARLAND MANAGEMENT DISTRICT (the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the conveyance of a 38.893 -acre detention pond from the City to the District (the "Detention Pond") in accordance with the Agreement. The City has made all payments related to the Detention Pond in the amount of $ I 41Z 75,2 7(p and as outlined in the attached Detention Pond Acquisition Cost Exhibit, which is attached hereto as Exhibit "A", and the District agrees to reimburse the City pursuant to the terms of the Agreement for the District's 72.3% share of the Detention Pond, subject to the terms and conditions of the Agreement. This areement was duly authorized at a meeting of the Board of Directors of the District held on the S day of may , 2014 Very truly yours, LOWER KIRBY PEAR ND MANAGEMENT DISTRICT By: President, oard of Directors AGREED TO AND ACCEPTED? this 1 0 day of March , 2014 475180 City of P- By: City anager Clay J. P -arson EXHIBIT A City of Pearland Regional Detention Pond Aquisition Cost Land Aquistions $1,900,000.00 Original Appraisal $2,750.00 Second Appraisal $2,500.00 Appraisal Update and Testing $8,625.00 Commissioner Fees $1,050.00 Abstract $479.00 Legal Costs $32,348.76 Total $1,947,752.76 Case No. 920594 CITY OF Pf+ A RLANil § IN THE COUNTY CIVIL COURT AT LAW NO. Two (2) vs. PATRICIA D. SALVATO; CAROL E. § THOMPSON; D'VORAH L. HASHEEVE; § J.P. MORGAN CHASE BANK; THE § TAXING AUTHORITIES OF THE COUNTY § OF HARRIS, TExAs; Tilt PORT OF HOUSTON § AUTHORITY; HARRIS COUNTY FLOOD § CONTROL DISTRICT; HARRIS COUNTY § HOSPITAL DISTRICT; HARRIS COUNTY § EDUCATION DEPARTMENT; HOUSTON § CoI IVI'UNTI`Y COLLEGE; THE CITY OF § PEARLAND;THE HOUSTON INDEPENDENT § SCHOOL DISTRICT § HARRIS COUNTY, TEXAS Mediation Agreement Subject to the terms and conditions described below, the Parties agree to settle the above cause as stated below: 1. To settle all claims and counterclaims in the above captioned condem landowners in this cause , subject to any tax debt, the total amount of and /100 ($ j from and after agaeasthe'-totel—am e. 4! 3 Roo, 00d on cause, Plaintiff will pay the i ) Dollars, tegethe ifh p C.l.aAtel-4 -c (ism 4 111.43Si 2, Plaintiff shall pay all ue the landowners under this direct pa t to the landowners and their a de ' of the money into the court's taw pursuant to the orders of the co v1nr" ',..$$.N%X dr Lek.) (oto QAtiti4 .**4464..66 ment by (mark one) i , ey; or y, subject to be withdrawn by the parties according to s) Plaintiff shall be awarded all property interests described in its live pleadings, f 4) This agreement and the obligations of the Plaintiffexpressed herein are conditioned upon approval of the City of Pearland's governing authority. Plaintiff agrees to cause an agenda item approving this agreement and the obligations .of the Plaintiff as described herein, on the next available general public meeting of the governing authority of Plainti f Lerch e ereo t 0 nin9 a Plainti sou e i agreem -acre r pvAnxL� 5 - \ X7 0`ro L50‘.1‘14 4A4.1/433 h u twat `Du- Ltit A L- - .x- oaltut.pr Fv94.a,ia- 1 I1V..e tri . 6. Each Party shall pay all costs of court each incurred herein, except Cels3AX 7. The parties acknowledge that they understand all the terms of this agreement, are not relying on any information or statements given to them at mediation, and have not been coerced into settlement. 8.. Counsel for efendant (strike one) shall prepare a final judgment consistent with the terms and conditions of this agreement and shall deliver the same to opposing counsel on or before days from the date of this agreement. 9. This agreement is subject to the following special terms and or co ions, to wit: Signed this the Attorney Approval: PLAINTIFF day of DEFE S 2010. ndrew M Edison, Attorney for Plaintiff Party Approval: Plaintiff 2 By Thomas Si Wield, Attorney for Defendants Defendant(s) GM150IO2 City Of Pearland Encumbrance Master Inquiry Project DR2001 SPECTRUM DETENTION Purchase order #: H06393 BALANCE Type options, press Enter. 1=Select Opt Account number Project Date Vendor Opt Encumbered Liquidated 200-0000-565.02-04 DR2001 09/14/2006 0004024 2,750.00 2,750.00 0(11/4 4 App ra.:J a.1 F12=Cancel F14=Purchasing inquiry 3/06/14 14:40:47 Fiscal year 2006 Unposted Balance T.N. EDMONDS & ASSOCIATES .00 .00 T. N. Edmonds & Associates P. O. Box 1419 • Houston, TX 77251-1419 Tel_ (713)840-9272 • FAX (713)840-1828 tomedmonds@houston.rr.com August 17, 2006 Mr. Al Hague, Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: 39.003 acres of land, more or less, located at 1730 Fruge Road in the City of Pearland, being out of the James Hamilton Survey, Abstract No. 881, and the Duprey & Roberts Survey, Abstract No. 1698, Harris County, Texas. D'Vorah Hasheeve, etal, property owner. Dear Mr. Hague: Pursuant to your request, I have viewed the captioned parcel for the purpose of providing you with general information regarding its physical characteristics and improvements, along with price points of nearby sales. I have included sales which may assist the City of Pearland regarding its consideration for acquisition for detention purposes. The property was visited on August 8, 2006, at which time Mr. Rod Neighbour of the Kickerillo Companies provided access and presented a closing statement for the adjacent 4.95.53 acres which wasrecently purchased by D'Vorah Hasheeve. The whole property, according to a General Warranty Deed dated April 8, 1996, contains 39.003 acres (270 sjmore or less, of land. It lies at the easterly terminus of Fruge Road, between State Highway 288 and Kirby Drive, and is bound on the south and east by Clear Creek. The recently completed Kirby Drive is located about 1,000 feet to the west, while Beltway 8 lies to the north, and Shadow Creek Parkway (FM 2234) is located to the south. This partially wooded tract is irregularly shaped, and about one-third of the property, or ±13 acres, forms a lake which was excavated years ago to provide fill for the development of nearby interchanges along State Highway 288, leaving a borrow pit that is now utilized for recreation. The tract has been landscaped, and a stabilized drive circles the lake. Various swales were observed that provide drainage into Clear Creek. Improvements found on the tract include a 2,109 square foot manufactured home which is centrally air conditioned/heated and contains kitchen, dining room, living room, family room, sunroom, four bedrooms, two baths, and utility room. The tract is also improved with a barn that contains 520 square feet on the first floor and has an unfinished loft storage area. A 760 square Real Estate Appraisers / Consultants ]I1TE11R\ Realty Resources HOUSTON INVOICE Client: City of Pearland Projects Department Attention: Mr. Trent Epperson 3519 Liberty Drive Pearland, TX 77581 Invoice Date: Invoice Number: Payment Terms: November 29, 2007 155-2007-1425 Net 30 Days Reviewer Appraisal Contact Accounting Contact Michael W. Welch James P. Patterson arlin Brunson Appraisal Services: Property Owner: D'Vorah Iiasheeve, Re: An Appraisal of': An approximate 39.003 more or less, out of Survey, Abstract No. Duprey and L.F. Roberts No. 1698, Harris County, i f �� j j:37) ( ' (r � "kr ` z et al. b' ` 7 ex 161/1 acres of land, the James Hamilton 881, The W.W. Survey, Abstract Texas. $ 2,500 TX ID #36-450653-9 Total Amount Due: PLEASE MAKE CHECKS PAYABLE To: Integra Realty Resources Houston 5718 Westheimer, Suite 1100 Houston, Texas 77057 Phone (713) 243-3300 Fax (713) 243-3301 OL - j $2,500 AVI-.1 TO ENSURE PROPER CREDIT, PLEASE RETURN INVOICE COPY WITH PAYMENT TO ADDRESS LISTED A : Pla 'f �A°( /Qpa;Jal 17KA60/ GM150IO2 City Of Pearland Encumbrance Master Inquiry Project S10051 NORTH SPECTRUM Purchase order #: 090252 BALANCE Type options, press Enter. 1=Select Opt Account number Project Date Vendor Opt Encumbered Liquidated Unposted Balance 50-0000-565.02-00 S10051 09/30/2008 0002812 INTEGRA REALTY RESOURCES 8,625.00 8,625.00 .00 .00 3/06/14 14:36:25 Fiscal year 2009 64. w. 41/41,7 fff►`a i , 1,14,4 of 7`rr/f seivi F12=Cancel F14=Purchasing inquiry • • 477283 CITY OF PEARLAND Plaintiff, v. CAUSE NO. 920594 § § PATRICIA D. SALVATO; CAROL E. THOMPSON; D'VORAH L. HASHEEVE; JPMORGAN CHASE BANK, N.A.; THE TAXING AUTHORITIES OF THE COUNTY OF HARRIS; HARRIS COUNTY FLOOD CONTROL; THE PORT OF HOUSTON AUTHORITY; HARRIS COUNTY HOSPITAL DISTRICT; HARRIS COUNTY EDUCATION DEPARTMENT; HOUSTON COMMUNITY COLLEGE; THE CITY OF PEARLAND; and THE HOUSTON INDEPENDENT SCHOOL DISTRICT Defendants. IN THE COUNTY CIVIL COURT AT LAW NO. 2 OF HARRIS COUNTY, TEXAS ORDER GRANTING SPECIAL COMMISSIONERS' FEES The hearing before the panel of the Special Commissioners was held in this case on September 25, 2008, and the award of the Special Commissioners has been filed with the Court. A copy of the Special Commissioners' Statement of Service is attached. Accordingly, it is ORDERED that the Special Commissioners appointed by the Court in this case, Jeffrey R. Newport and Michael D. Copland, each be paid the sum of $ 4, pts for the hours of service rendered in this capacity and Jill S. Fury be paid the sum of $ 1-50 •60 for the hours of service rendered in this capacity. It is further ORDERED that all Special : • : •• Commissioners' fees will be paid by the City of Pearland. Signed this day of OCT O 6 2008 , 2008. HOUSTONl03 33 53/00003 7 EDISAM/2225317.1 Date Requested: Warrant Needed By: CHECK REQUEST February 3, 2009 February 6, 2009 Project North Spectrum Project No. S10051 Account No. 050-0000-565.02-00 Vendor: Edison, McDowell & Hetherington LLP Address: 3200 Southwest Freeway, Suite 2920 Houston, Texas 77027 Office: 713-337-5581 GF No. Payee: Michael D. Copland Payee's Address: 6633 Hillcroft Ste 212 Houston, Texas 77081 Payee's Tax ID/SS#: 741544179 Total Consideration: $450.00 Four Hundred Fifty Dollars Description: Comments: Requested By: Approved By: Finance Approval: P 1RD 38.893 acres of land located in the W.W. Dupuy & L.F. Roberts Survey Abstract 1698 and the T.C.R.R. Co. Survey Section 4, Abstract 675 Harris County, Texas Special Commissioners' Fees. V. Patricia D. Salvato Cause No. 920594. CCCL2. Parcel 1RD (Please hold, will pick up by Anthony Vu) CHECK REQUEST Date Requested: February 3, 2009 Warrant Needed By: February 6, 2009 Project North Spectrum Project No. S10051 Account No. 050-0000-565.02-00 Vendor: Edison, McDowell & Hetherington LLP Address: 3200 Southwest Freeway, Suite 2920 Houston, Texas 77027 Office: 713-337-5581 GF No. Payee: Jeffrey R. Newport Payee's Address: 8431 Katy Freeway Houston, Texas 77024 Payee's Tax ID/SS#: 760180076 Total Consideration: $450.00 Four Hundred Fifty Dollars Description: P 1RD 38.893 acres of land located in the W.W. Dupuy & L.F. Roberts Survey Abstract 1698 and the T.C.R.R. Co. Survey Section 4, Abstract 675 Harris County, Texas Comments: Special Commissioners' Fees. V. Patricia D. Salvato Cause No. 920594. CCCL2. Parcel 1RD (Please hold, will pick up by Anthony Vu) Requested By: Approved By: Finance Approval: Date Requested: Warrant Needed By: CHECK REQUEST February 3, 2009 February 6, 2009 Project North Spectrum Project No. 510051 Account No. 050-0000-565.02-00 Vendor: Edison, McDowell & Hetherington LLP Address: 3200 Southwest Freeway, Suite 2920 Houston, Texas 77027 Office: 713-337-5581 GF No. Payee: Jill S. Fury Payee's Address: 3219 Ashlock Dr. Houston, Texas 77082 Payee's Tax ID/SS#: 388800206 Total Consideration: $150.00 One Hundred Fifty Dollars Description: Comments: Requested By: Approved By: Finance Approval: P 1RD 38.893 acres of land located in the W.W. Dupuy & L.F. Roberts Survey Abstract 1698 and the T.C.R.R. Co. Survey Section 4, Abstract 675 Harris County, Texas Special Commissioners' Fees. V. Patricia D. Salvato Cause No. 920594. CCCL2. Parcel 1RD (Please hold, will pick up by Anthony Vu) Henderson Abstract Company 3726 Crescent Pearland, TX 77584 Bill To Mr. Anthony Vu City of Pearland 3519 Liberty Drive Pearland, TX 77581 Invoice Date Invoice # 3/13/2008 2434 Phone # Customer Ref. "/I0i14/ North Spectrum Hasheeve Quantity Description Rate Amount 1 1 2 79 Abstracting Services - Condemnation file organization Abstracting Services - Title Report Title Plant Fees Old American Plant Document Copies 50.00 200.00 75.00 1.00 50.00 200,00 I50.00 79.00 Subtotal $47900 Terms: Net 30 days from Date of invoice Sales Tax (8.25%) $0.00 Total $479.00 Phone # Fax # E-mail 832-818-4445 281469-0434 jthenderson@prodigy.net AkA i1 Po4c7' g',roai Jcco' , :516: ge_00 Date Requested: Warrant Needed By: CHECK REQUEST October 10, 2008 October 17, 2008 Project North Spectrum (Regional Detention) Project No. 510051 Account No. 070-0000-565.02-00 Vendor: Bracewell & Giuliani Address: 711 Louisiana Street suite 2300 Houston, Texas 77002 Office: 713-221-1371 GF No. Payee: Beverly B. Kaufman, Clerk Harris County Courts Total Consideration: $387,416.00 Three Hundred Eighty Seven Thousand Four Hundred Sixteen Dollars Description: Parcel 1RD. 38.893 acres in the W.W. Duprey & L.F. Roberts Survey, Abstract 1698, and the T.C.R.R. Co. Survey Section 4, Abstract 675, Harris County, Texas Comments: Award of Special Commissioners- vs. D'Vorah L. Hasheeve No. CI 920594, CCCL2 (Please hold for pick up by Anthony Vu) Requested By: Approved By: Approved By: Approved By: Finance Approval: Anthony Vu, Acquisition Coordinator Trent Epperson, Projects Director Mike Hodge, Assistant City Manager Bill Eisen, City Manager Invoice No. Date Amount 81 1/31/2009 $ 1,937.50 262 2/28/2009 $ 6,610.69 447 3/31/2009 $ 965.26 979 6/30/2009 $ 388.76 1432 7/31/2009 $ 1,321.29 1475 8/31/2009 $ 952.20 1837 9/30/2009 $ 187.50 2045 10/31/2009 $ 2,316.90 2408 11/30/2009 $ 858.20 2852 12/31/2009 $ 375.00 3181 1/31/2010 $ 4,182.19 3370 2/28/2010 $ 3,034.16 4128 3/31/2010 $ 869.91 4544 4/30/2010 $ 189.52 5206 6/30/2010 $ 312.50 5698 7/31/2010 $ 732.09 5906 8/31/2010 $ 62.60 6784 9/30/2010 $ 5,755.60 6989 10/31/2010 $ 902.88 7730 11/30/2010 $ 32.63 8150 12/31/2010 $ 110.50 8722 1/31/2011 $ 250.88 Total $ 32,348.76 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 January 31, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Invoice No. 81 Our File No. 2016-0011 Billing Through: 1/31/09 FOR PROFESSIONAL SERVICES RENDERED 1/23/09 AME prepare for 1-26-09 meeting with D. Coker, N. 1.25 hrs 250 / hr 312.50 Lira and B. Eisen to discuss right -to -take issues; review documents produced by Salvato in response to written discovery propounded by City of Pearland; t/c with opposing counsel T. Sheffield 1/26/09 AME meet with N. Lira, B. Eisen, D. Coker and B. 3.25 hrs 250 / hr 812.50 Aiken to discuss purpose behind detention project and right -to -take issues; begin reviewing documents provided by the City responsive to property owner's discovery requests 1/26/09 BJA Conference with city officials regarding the 3.25 hrs 250 / hr 812.50 North Spectrum Detention; review documents provided by city officials Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 4.50 250.00 $1,125.00 BJA Aiken, Brad J. 3.25 250.00 $812.50 Total fees for this matter 7.75 hrs $1,937.50 BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $1,937.50 $1,937.50 $1,937.50 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 February 28, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 1/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 262 Our File No. 2016-0011 Billing Through: 2/28/09 $1,937.50 ($1,937.50) $0.00 $0.00 FOR PROFESSIONAL SERVICES RENDERED 2/4/09 BJA Begin to review client documents for privilege. 6.20 hrs 250 / hr 1,550.00 2/5/09 BJA Prepare responses to request for disclosures and 2.00 hrs 250 / hr 500.00 production; continue to review client documents for privilege. 2/12/09 AME meet with J. Patterson and M. Welch at the 1.00 hrs 250 / hr 250.00 offices of Integra Realty Resources to discuss issues surrounding appraisal of Salvato tract. 2/12/09 BJA Conference with J. Patterson and M. Welch 1.00 hrs 250 / hr 250.00 regarding valuation of property and litigation file. 2/16/09 BJA Conference with A. Edison regarding privileged 3.70 hrs 250 / hr 925.00 documents; attention to same; two telephone conferences with opposing counsel C. Scott regarding document production; review documents received from plaintiff. 2/17/09 BJA Telephone conference with opposing counsel C. 0.20 hrs 250 / hr 50.00 Scott regarding document production. 2/24/09 BJA Review documents for attorney client privilege; 6.10 hrs 250 / hr 1,525.00 prepare privilege log; research regarding Spectrum Management District. 2/25/09 AME attention to Salvato discovery issues 0.50 hrs 250 / hr 125.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 1.50 250.00 $375.00 BJA Aiken, Brad J. 19.20 250.00 $4,800.00 Total fees for this matter 20.70 hrs $5,175.00 DISBURSEMENTS 2/1/09 mileage reimbursement 21.45 The City of Pearland 2016 - 0011 Invoice No. 262 Page 2 2/11/09 Outside printing 1,406.49 2/28/09 Copies: 38 pages @ $.10. 3.80 2/28/09 Postage 3.95 Disbursement Summary Copying 3.80 Outside printing 1,406.49 Postage 3.95 Other 21.45 Total disbursements for this matter $1,435.69 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $5,175.00 $1,435.69 $6,610.69 $6,610.69 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 March 31, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 3/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 447 Our File No. 2016-0011 Billing Through: 3/31/09 $7,575.95 ($0.00) ($965.26) $6,610.69 FOR PROFESSIONAL SERVICES RENDERED 2/25/09 BJA Prepare privilege log for documents protected 1.80 hrs 250 / hr 450.00 by attorney client privilege. 3/3/09 BJA Telephone conferences with opposing counsel 1.30 hrs 250 / hr 325.00 regarding document production; continued attention to privilege log. 3/16/09 AME review order setting trial for August 3, 2009; 0.50 hrs 250 / hr 125.00 email to M. Welch and D. Coker re: same; draft correspondence to all counsel of record to inform them of August 3 trial setting; review order compelling mediation before former Judge Sharolyn Wood; t/c with opposing counsel T. Sheffield 3/19/09 AME t/c with opposing counsel T. Sheffield re: 0.25 hrs 250 / hr 62.50 mediation Timekeeper Summary Name AME Edison, Andrew M. BJA Aiken, Brad J. Total fees for this matter Hours Rate Amount 0.75 250.00 $187.50 3.10 250.00 $775.00 3.85 hrs $962.50 DISBURSEMENTS 3/31/09 Copying: 15 pages @ $.10 per page 1.50 3/31/09 Postage 1.26 The City of Pearland 2016 - 0011 Invoice No. 447 Page 2 Disbursement Summary Copying 1.50 Postage 1.26 Total disbursements for this matter $2.76 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $6,610.69 $962.50 $2.76 $965.26 $6,610.69 $7,575.95 61-90 91-120 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 121 & up $0.00 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 June 30, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 3/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 979 Our File No. 2016-0011 Billing Through: 6/30/09 $7,575.95 ($7,575.95) $0.00 $0.00 6/8/09 AME t/c with opposing counsel T. Sheffield re: trial 0.50 hrs 250 / hr 125.00 continuance; email to M. Welch and D. Coker re: same; email with B. Eisen re: deposition scheduling. 6/9/09 AME review and comment on proposed Motion for 0.50 hrs 250 / hr 125.00 Continuance and Agreed Docket Control Order; emails with opposing counsel re: deposition scheduling; emails with B. Eisen re: deposition scheduling 6/17/09 AME t/c with opposing counsel T. Sheffield re: B. 0.50 hrs 250 / hr 125.00 Eisen deposition date; meet with B. Eisen to discuss deposition testimony Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter DISBURSEMENTS 6/30/09 Facsimile - 12 pages @ $1.00 per page 6/30/09 Postage Disbursement Summary Facsimile Hours Rate Amount 1.50 250.00 $375.00 1.50 hrs $375.00 12.00 1.76 12.00 The City of Pearland 2016 - 0011 Invoice No. 979 Page 2 Postage 1.76 Total disbursements for this matter $13.76 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $375.00 $13.76 $388.76 $388.76 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 July 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 6/30/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 1432 Our File No. 2016-0011 Billing Through: 7/31/09 $388.76 ($388.76) $0.00 $0.00 7/6/09 BJA Attention to document request/privilege log 0.60 hrs 250 / hr 150.00 request. 7/17/09 AME prepare for and meet with B. Eisen to discuss 2.50 hrs 250 / hr 625.00 deposition preparation 7/22/09 AME review additional documents provided by D. 0.75 hrs 250 / hr 187.50 Coker from B. Eisen's file 7/28/09 AME t/c with D. Goswick; prepare for B. Eisen 0.75 hrs 250 / hr 187.50 deposition; produce additional documents 7/28/09 ADG prepare documents for production 0.30 hrs 140 / hr 42.00 7/29/09 AME t/c with opposing counsel T. Sheffield re: 0.50 hrs 250 / hr 125.00 deposition rescheduling; t/c with B. Eisen re: same; t/c with D. Goswick Timekeeper Summary Name Hours Rate Amount ADG Godwin, Ariel D. 0.30 140.00 $42.00 AME Edison, Andrew M. 4.50 250.00 $1,125.00 BJA Aiken, Brad J. 0.60 250.00 $150.00 Total fees for this matter 5.40 hrs $1,317.00 DISBURSEMENTS 7/31/09 Copying - 29 pages @ $.10 per page 2.90 7/31/09 Postage 1.39 The City of Pearland 2016 - 0011 Invoice No. 1432 Page 2 Disbursement Summary Copying 2.90 Postage 1.39 Total disbursements for this matter $4.29 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $1,317.00 $4.29 $1,321.29 $1,321.29 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax 1.D. 26-3672762 August 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 7/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 1475 Our File No. 2016-0011 Billing Through: 8/31/09 $1,321.29 ($1,321.29) $0.00 $0.00 FOR PROFESSIONAL SERVICES RENDERED 8/10/09 AME meet with D. Goswick and D. Coker at the 2.00 hrs 250 / hr 500.00 Waterlight offices to discuss case and factual issues 8/13/09 JWN Work with A. Edison regarding Bever DWOP 0.20 hrs 250 / hr 50.00 hearing 8/14/09 JWN Attend Bever DWOP hearing and request that 1.40 hrs 250 / hr 350.00 case not be dismissed but set for trial 8/31/09 JWN attention to special commissioner appointment 0.20 hrs 250 / hr 50.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 2.00 250.00 $500.00 JWN Najvar, Jerad W 1.80 250.00 $450.00 Total fees for this matter 3.80 hrs $950.00 DISBURSEMENTS 8/31/09 Copying - 22 pages @ $.10 per page 2.20 Disbursement Summary Copying 2.20 Total disbursements for this matter $2.20 The City of Pearland 2016 - 0011 Invoice No. 1475 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $950.00 $2.20 $952.20 $952.20 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 September 30, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 8/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 1837 Our File No. 2016-0011 Billing Through: 9/30/09 $952.20 ($952.20) $0.00 $0.00 9/24/09 AME t/c with opposing counsel T. Sheffield re: 0.25 hrs 250 / hr 62.50 deposition scheduling 9/29/09 AME t/c with B. Eisen; t/c with opposing counsel T. 0.50 hrs 250 / hr 125.00 Sheffield; t/c with D. Coker Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE Hours Rate Amount 0.75 250.00 $187.50 0.75 hrs $187.50 $187.50 $187.50 $187.50 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 October 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 9/30/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 2045 Our File No. 2016-0011 Billing Through: 10/31/09 $187.50 ($187.50) $0.00 $0.00 10/27/09 AME review documents produced by both parties in 1.50 hrs 250 / hr 375.00 preparation for B. Eisen deposition 10/28/09 AME t/c with opposing counsel T. Sheffield; work on 2.25 hrs 250 / hr 562.50 privilege log; t/c with B. Eisen and D. Coker to prepare for deposition 10/29/09 AME prepare and present B. Eisen for deposition 5.50 hrs 250 / hr 1,375.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 9.25 250.00 $2,312.50 Total fees for this matter 9.25 hrs $2,312.50 DISBURSEMENTS 10/31/09 Copying - 44 pages @ $.10 per page 4.40 Disbursement Summary Copying 4.40 Total disbursements for this matter $4.40 The City of Pearland 2016 - 0011 Invoice No. 2045 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $2,312.50 $4.40 $2,316.90 $2,316.90 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713)337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 10/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED November 30, 2009 Invoice No. 2408 Our File No. 2016-0011 Billing Through: 11/30/09 $2,316.90 ($2,316.90) $0.00 $0.00 11/4/09 AME forward B. Eisen deposition transcript to B. 1.00 hrs 250 / hr 250.00 Eisen and D. Coker; review and analyze B. Eisen deposition transcript 11/5/09 AME t/c with D. Coker and B. Eisen to review his 0.50 hrs 250 / hr 125.00 deposition testimony and make corrections to the deposition transcript 11/9/09 AME emails with T. Sheffield, D. Coker, N. Lira and 0.25 hrs 250 / hr 62.50 M. Welch re: deposition scheduling 11/13/09 AME t/c with B. Eisen and D. Coker; t/c with D. 0.50 hrs 250 / hr 125.00 Goswick Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter DISBURSEMENTS 11/5/09 Deposition transcripts - Bill Eisen Hours Rate Amount 2.25 250.00 $562.50 2.25 hrs $562.50 293.30 11/30/09 Copying - 24 pages @ $.10 per page 2.40 Disbursement Summary Copying 2.40 Deposition transcripts 293.30 Total disbursements for this matter $295.70 The City of Pearland 2016 - 0011 Invoice No. 2408 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $562.50 $295.70 $858.20 $858.20 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax LD. 26-3672762 December 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 11/30/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 2852 Our File No. 2016-0011 Billing Through: 12/31/09 $858.20 ($0.00) $0.00 $858.20 12/7/09 AME t/c with opposing counsel T. Sheffield 0.25 hrs 250 / hr 62.50 12/30/09 AME t/c with N. Lira re: deposition preparation; t/c 1.25 hrs 250 / hr 312.50 with D. Goswick; prepare for N. Lira's deposition Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $858.20 Hours Rate Amount 1.50 250.00 $375.00 1.50 hrs $375.00 $375.00 $375.00 $858.20 $1,233.20 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 January 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 12/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 3181 Our File No. 2016-0011 Billing Through: 1/31/10 $1,233.20 ($858.20) $0.00 $375.00 FOR PROFESSIONAL SERVICES RENDERED 1/4/10 AME meet with D. Coker and N. Lira to prepare N. 2.00 hrs 250 / hr 500.00 Lira for his deposition 1/5/10 AME prepare and present N. Lira for deposition; 4.25 hrs 250 / hr 1,062.50 telephone call with D. Coker 1/5/10 ADG compilation of documents produced by N. Lira 0.50 hrs 140 / hr 70.00 for A Edison 1/11/10 AME meet with D. Goswick to prepare him for his 2.25 hrs 250 / hr 562.50 deposition 1/13/10 AME prepare for and attend deposition of D. 5.00 hrs 250 / hr 1,250.00 Goswick; t/c with D. Coker 1/26/10 AME t/c with opposing counsel T. Sheffield; attention 0.25 hrs 250 / hr 62.50 to deposition scheduling for T. Epperson; t/c with D. Coker Timekeeper Summary Name Hours Rate Amount ADG Godwin, Ariel D. 0.50 140.00 $70.00 AME Edison, Andrew M. 13.75 250.00 $3,437.50 Total fees for this matter 14.25 hrs $3,507.50 DISBURSEMENTS 1/4/10 Mileage reimbursement - 54 miles @ $.55 per mile; travel to Pearland City 29.70 Hall for North Spectrum Detention case 1/4/10 mileage reimbursement - 54 miles. Travel to attend deposition prep with N 29.70 Lira 1/13/10 Deposition transcript - Narciso Lira 270.80 1/13/10 Deposition transcript - David Goswick 338.65 1/31/10 Postage 5.84 The City of Pearland 2016 - 0011 Invoice No. 3181 Page 2 Disbursement Summary Postage 5.84 Out-of-town travel 59.40 Deposition transcripts 609.45 Total disbursements for this matter $674.69 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $375.00 $3,507.50 $674.69 $4,182.19 $375.00 $4,557.19 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 February 28, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 1/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 3370 Our File No. 2016-0011 Billing Through: 2/28/10 $4,557.19 ($375.00) $0.00 $4,182.19 FOR PROFESSIONAL SERVICES RENDERED 2/8/10 AME prepare for meetings with T. Epperson, N. Lira, 1.00 hrs 250 / hr 250.00 D. Coker and B. Eisen to discuss right -to -take issues 2/8/10 AME review deposition testimony of B. Eisen, N. Lira 5.75 hrs 250 / hr 1,437.50 and D. Goswick and prepare for meetings at City of Pearland to discuss status of litigation; attend City Council meeting in executive session to discuss condemnation issues 2/9/10 AME meet with N. Lira, B. Eisen, D. Coker, L. 3.50 hrs 250 / hr 875.00 Kirshana and T. Epperson; deposition preparation session with T. Epperson; review various documents provided by the City re: preliminary engineering and detention studies 2/25/10 AME attention to motion for continuance; t/c with 1.25 hrs 250 / hr 312.50 court clerk re: continuance; t/c with opposing counsel T. Sheffield; draft request for status conference and file same; t/c with D. Coker 2/25/10 ADG filing of agreed motion for continuance and 0.40 hrs 140 / hr 56.00 order with court (Salvato) Timekeeper Summary Name Hours Rate Amount ADG Godwin, Ariel D. 0.40 140.00 $56.00 AME Edison, Andrew M. 11.50 250.00 $2,875.00 Total fees for this matter 11.90 hrs $2,931.00 DISBURSEMENTS 2/3/10 Court fees - Electronic filing of opposition of defendant's motion to modify 16.09 (Martini) 2/8/10 Local travel - mileage reimbursement; 54 miles @ $.55 per mile; travel to 29.70 meeting The City of Pearland 2016 - 0011 Invoice No. 3370 2/25/10 Court fees - electronic filing of agreed motion for continuance 2/28/10 Copying - 404 pages @ $.10 per page 2/28/10 Postage Disbursement Summary Copying 40.40 Postage 0.88 Local travel 29.70 Court fees 32.18 Total disbursements for this matter $103.16 Page 2 16.09 40.40 0.88 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $4,182.19 31-60 $0.00 $2,931.00 $103.16 $3,034.16 $4,182.19 $7,216.35 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 March 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 2/28/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 4128 Our File No. 2016-0011 Billing Through: 3/31/10 $7,216.35 ($3,034.16) $0.00 $4,182.19 FOR PROFESSIONAL SERVICES RENDERED 3/1/10 AME telephone call with D. Goswick 0.25 hrs 250 / hr 62.50 3/4/10 AME attend status conference before Judge Smith; t/cs 2.25 hrs 250 / hr 562.50 with M. Welch and D. Coker re: new trial date; t/c with T. Epperson re: postponement of his deposition 3/19/10 AME email from D. Goswick regarding foreclosure of 0.50 hrs 250 / hr 125.00 Waterlights' project; emails with D. Coker and M. Welch regarding same 3/23/10 AME t/c with opposing counsel T. Sheffield; t/c with 0.25 hrs 250 / hr 62.50 T. Epperson Timekeeper Summary Name Hours AME Edison, Andrew M. 3.25 Total fees for this matter DISBURSEMENTS Rate Amount 250.00 $812.50 3.25 hrs $812.50 3/1/10 Court fees - electronic filing of joint motion for status conference 16.09 3/4/10 Local travel - parking at courthouse for hearing 7.00 3/10/10 February Fedex charges 17.36 3/31/10 March Copies 5.70 3/31/10 March Postage 11.26 Disbursement Summary Copying 5.70 Delivery services/messengers 17.36 Postage 11.26 Local travel 7.00 The City of Pearland 2016 - 0011 Court fees Total disbursements for this matter BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $0.00 61-90 $4,182.19 Invoice No. 4128 Page 2 16.09 $812.50 $57.41 $869.91 $4,182.19 $5,052.10 91 - 120 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 121 & up $0.00 $57.41 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 April 30, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 3/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 4544 Our File No. 2016-0011 Billing Through: 4/30/10 $5,052.10 ($5,052.10) $0.00 $0.00 4/19/10 AME t/c with opposing counsel T. Sheffield re: 0.25 hrs 250 / hr 62.50 cancellation of T. Epperson deposition; t/c with D. Coker and T. Epperson re: same Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.25 250.00 $62.50 Total fees for this matter 0.25 hrs $62.50 DISBURSEMENTS 4/30/10 Copying 0.40 3/5/10 Litigation support vendors 126.62 Disbursement Summary Copying 0.40 Litigation support vendors 126.62 Total disbursements for this matter $127.02 The City of Pearland 2016 - 0011 Invoice No. 4544 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $62.50 $127.02 $189.52 $189.52 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 June 30, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 4/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 5206 Our File No. 2016-0011 Billing Through: 6/30/10 $189.52 ($189.52) $0.00 $0.00 6/6/10 AME review supplemental discovery responses 0.25 hrs 250 / hr 62.50 provided by property owner; forward same to D. Coker 6/10/10 AME t/c with opposing counsel T. Sheffield 0.50 hrs 250 / hr 125.00 6/28/10 AME t/c with opposing counsel T. Sheffield; t/c with 0.50 hrs 250 / hr 125.00 potential mediator C. Brack; emails with D. Coker re: mediation Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE Hours Rate Amount 1.25 250.00 $312.50 1.25 hrs $312.50 $312.50 $312.50 $312.50 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 July 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 6/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 5698 Our File No. 2016-0011 Billing Through: 7/31/10 $312.50 ($0.00) $0.00 $312.50 7/1/10 AME t/c with opposing counsel re: mediation issues; 0.25 hrs 250 / hr 62.50 t/c with mediator C. Brack 7/9/10 AME draft motion for continuance of trial date; t/c 0.50 hrs 250 / hr 125.00 with opposing counsel re: Tom Sheffield re: same 7/12/10 AME work on motion for continuance 0.25 hrs 250 / hr 62.50 7/19/10 AME t/c with mediator C. Brack 0.25 hrs 250 / hr 62.50 7/22/10 AME attend oral hearing on motion for continuance; 1.50 hrs 250 / hr 375.00 emails with D. Coker and M. Welch regarding same Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter Hours Rate Amount 2.75 250.00 $687.50 2.75 hrs $687.50 DISBURSEMENTS 7/14/10 Court fees - electronic filing - Salvato - unopposed motion for continuance 16.09 7/16/10 Court fees - electronic filing - Salvato - amended notice of oral hearing 16.09 7/22/10 Local travel - Parking at courthouse for hearing (Salvato) 5.00 7/31/10 Photocopy Expenses 6.80 7/31/10 Postage 0.61 The City of Pearland 2016 - 0011 Invoice No. 5698 Page 2 Disbursement Summary Copying 6.80 Postage 0.61 Local travel 5.00 Court fees 32.18 Total disbursements for this matter $44.59 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE $687.50 $44.59 $732.09 $312.50 $1,044.59 AR Aging: 0-30 31-60 61-90 91-120 121&up $0.00 $312.50 $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 August 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 7/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED 8/25/10 AME attention to mediation scheduling Invoice No. 5906 Our File No. 2016-0011 Billing Through: 8/31/10 $1,044.59 ($0.00) $0.00 $1,044.59 0.25 hrs 250 / hr 62.50 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.25 250.00 $62.50 Total fees for this matter 0.25 hrs $62.50 DISBURSEMENTS 8/31/10 Copy Expenses 0.10 Disbursement Summary Copying 0.10 Total disbursements for this matter $0.10 The City of Pearland 2016 - 0011 Invoice No. 5906 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE $62.50 $0.10 $62.60 $1,044.59 $1,107.19 AR Aging: 0-30 31-60 61-90 91-120 121&up $0.00 $732.09 $312.50 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 8/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED September 30, 2010 Invoice No. 6784 Our File No. 2016-0011 Billing Through: 9/30/10 $1,107.19 ($1,107.19) $0.00 $0.00 9/9/10 AME additional research on right -to -take issues; 4.50 hrs 250 / hr 1,125.00 continue to work on motion for summary j udgment 9/14/10 AME trial preparation; review B. Eisen and D. 5.25 hrs 250 / hr 1,312.50 Goswick depositions; work on motion for summary judgment on right -to -take 9/22/10 AME prepare for mediation; telephone conference 2.00 hrs 250 / hr 500.00 with mediator C. Brack 9/23/10 AME participate in mediation 8.75 hrs 250 / hr 2,187.50 9/24/10 AME work on proposed final judgment 1.00 hrs 250 / hr 250.00 9/27/10 AME t/c with opposing counsel T. Sheffield; attention 0.50 hrs 250 / hr 125.00 to revisions of Agreed Final Judgment 9/30/10 AME prepare for city council meeting 1.00 hrs 250 / hr 250.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 23.00 250.00 $5,750.00 Total fees for this matter DISBURSEMENTS 23.00 hrs $5,750.00 9/30/10 Copy Expenses 5.60 Disbursement Summary Copying 5.60 Total disbursements for this matter $5.60 The City of Pearland 2016 - 0011 Invoice No. 6784 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $5,750.00 $5.60 $5,755.60 $5,755.60 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 October 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 9/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 6989 Our File No. 2016-0011 Billing Through: 10/31/10 $5,755.60 ($0.00) $0.00 $5,755.60 10/4/10 AME prepare for and attend City Council meeting to 2.25 hrs 250 / hr 562.50 discuss settlement proposal; t/c with opposing counsel T. Sheffield 10/11/10 AME telephone conference with opposing counsel T. 0.75 hrs 250 / hr 187.50 Sheffield; revise final judgment to include release of funds in the registry of the court to the City of Pearland and waiver of repurchase right contained in Section 21.023 of the TExas Property Code; telephone conference with D. Coker; attention to obtaining settlement check 10/13/10 AME revisions to agreed final judgment; t/c with 0.50 hrs 250 / hr 125.00 opposing counsel T. Sheffield Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter DISBURSEMENTS Hours Rate Amount 3.50 250.00 $875.00 3.50 hrs $875.00 10/4/10 Mileage reimbursement - 45.6 miles @ $.55 per mile - travel to Pearland 25.08 for City Council meeting 10/31/10 Copy Expenses 2.80 Disbursement Summary Copying 2.80 Out-of-town travel 25.08 Total disbursements for this matter $27.88 The City of Pearland 2016 - 0011 Invoice No. 6989 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $5,755.60 $875.00 $27.88 $902.88 $5,755.60 $6,658.48 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 10/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward November 30, 2010 Invoice No. 7730 Our File No. 2016-0011 Billing Through: 11/30/10 $6,658.48 ($5,755.60) $0.00 $902.88 The City of Pearland Timekeeper Summary Name 2016 - 0011 Invoice No. 7730 Page 2 Hours Rate Amount DISBURSEMENTS 10/31/10 October Fedex charges 16.04 11/12/10 Court fees - electronic filing - Executed Agreed Final Judgment 11 2010 16.09 11/30/10 Copy Expenses 0.50 Disbursement Summary Copying 0.50 Delivery services/messengers 16.04 Court fees 16.09 Total disbursements for this matter $32.63 BILLING SUMMARY TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $902.88 $32.63 $32.63 $902.88 $935.51 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 11/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED December 31, 2010 Invoice No. 8150 Our File No. 2016-0011 Billing Through: 12/31/10 $935.51 ($902.88) $0.00 $32.63 12/21/10 AME draft correspondence filing final judgment with 0.25 hrs 250 / hr 62.50 real property records Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.25 250.00 $62.50 Total fees for this matter 0.25 hrs $62.50 DISBURSEMENTS 12/21/10 Real Property Filing Fee 48.00 Disbursement Summary Court fees 48.00 Total disbursements for this matter $48.00 The City of Pearland 2016 - 0011 Invoice No. 8150 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $32.63 $62.50 $48.00 $110.50 $32.63 $143.13 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP PhoenixTower 3200 Southwest Freeway, Suite 2100 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 January 31, 2011 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 12/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 8722 Our File No. 2016-0011 Billing Through: 1/31/11 $143.13 ($143.13) $0.00 $0.00 1/5/11 BJA Attention to matters related to funds held in 0.50 hrs 250 / hr 125.00 registry of the Court. 1/6/11 BJA Attention to matters related to money withheld 0.50 hrs 250 / hr 125.00 in Court's registry. Timekeeper Summary Name Hours Rate Amount BJA Aiken, Brad J. 1.00 250.00 $250.00 Total fees for this matter 1.00 hrs $250.00 DISBURSEMENTS 1/31/11 Copy Expenses 0.10 1/31/11 Postage 0.78 Disbursement Summary Copying 0.10 Postage 0.78 Total disbursements for this matter $0.88 The City of Pearland 2016 - 0011 Invoice No. 8722 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $250.00 $0.88 $250.88 $250.88 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 PEARLAND MUNICIPAL MANAGEMENT DISTRICT NUMBER 1 c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 March 1 0 , 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for 27.7% share 38.893 -acre Detention Pond To Whom it may concern: Resolution R2014-25 Exhibit "B" PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1(the "District") and THE Cl'1 OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the conveyance of a 38.893 -acre detention pond from the City to the District (the "Detention Pond") in accordance with the Agr ement. The City has made all payments related to the Detention Pond in the amount of $ i i Z 75.2. Ifo and as outlined in the attached Detention Pond Acquisition Cost Exhibit, which is attached hereto as Exhibit "A", and the District agrees to reimburse the City pursuant to the terms of the Agreement for the District's 27.7% share of the Detention Pond, subject to the terms and conditions of the Agreement. This a ement was duly authorized at a meeting of the Board of Directors of the District held on the day of %nL(y , 2014 Very truly yours, PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1 By: 4 President, Board of ectors AGREED TO AND ACCEPTED this 1 0 day of March , 2014 475181 EXHIBIT A City of Pearland Regional Detention Pond Aquisition Cost Land Aquistions $1,900,000.00 Original Appraisal $2,750.00 Second Appraisal $2,500.00 Appraisal Update and Testing $8,625.00 Commissioner Fees $1,050.00 Abstract $479.00 Legal Costs $32,348.76 Total $1,947,752.76 Case No. 920594 CITY OF PEARLAND § IN THE COUNTY CIVIL COURT AT LAW NO. § Two (2) Vs. § § PATRICIA D. SALVATO; CAROL E. § THOMPSON; DITORAH L. I1ASHEEVE; § J.P. MORGAN CHASE BANK; Tku § TANG AUTHORITIES OF THE COUNTY § OF HARM, TEXAS; THE PORT OF HOUSTON § AUTHORITY; HARRIS COUNTY FLOOD § CONTROL DISTRICT; HARRIS COUNTY § HOSPITAL DISTRICT; HARRIS COUNTY § EDUCATION DEPARTMENT; HOUSTON § COMMUNITY COLLEGE; THE CITY OF § PEARLAND;THE HOUSTON INDEPENDENT § SCHOOL DISTRICT § HARRIS COUNTY, TEXAS Mediation Agreement Subject to the terms and conditions described below, the Parties agree to settle the above cause as l 3 qQa, 00a on cause, Plaintiff will pay the stated below. 1. To settle all claims and counterclaims in the above captioned condom landowners in this cause , subject to any tax debt, the total amount of and /100 ($ jfrom and after a —am Siteen and -No ) e sVo Dollars, togp+ l5_4 mct amount of-Three-HiMIFErti— 4t • ,.s, lours, w w i . e ber- '2$@$�'-- C.iF .,,Ate _i 111^,x, % 1"�.(-'3T •• • ` s -Az-- *Y o- LI.) Go OA�4..S ti- -Nt4,64.4.4 2. Plaintifishall pay all s ' ,.ue the landowners under this ment by (mark one) iso Qij ►• . direct pa t to the landowners and their a ey; or de of the money into the court's y, subject to be withdrawn by the parties according to taw pursuant to the orders of the co� 3) Plaintiff shall be awarded all property interests described in its live pleadings, 4) This agreement and the obligations of the Plaintiff expressed herein are conditioned upon approval of the City of Pearland's governing authority. Plaintiff agrees to cause an agenda item approving this agreement and the obligations .of the Plaintiff as described herein, on the next available general public meeting of the governing authority of Plaintiff. 5 t e t • ereo ego -niny aut f OK)) PS1 L. fr y y — CT A41Js,- 34- r 0.,,- F ---ozsz 4.) . 6, Each Party shall pay all costs of court each incurred herein, except AiN C 7. The parties acknowledge that they understand all the terms of this agreement; are not relying on any information or statements given to them at mediation, and have not been coerced into settlement. 8. Counsel for Plaintiff + efendant {strike one) shall prepare a foal judgment consistent with the terms and conditions of tlus agreement and shall deliver the same to opposing counsel on or before days from the date of this agreement. s. This agreement is subject to the following special terms and or co :' ions, to wit: Signed this the Attorney Approval: PLAINTIFF day of 2010. DEFE S ndrew M Edison, Attorney for Plaintiff Party Approval: Plaintiff 2 By Thomas SI R" eld, Attorney for Defendants Defendants) GM150IO2 Project DR2001 Purchase order BALANCE City Of Pear l and Encumbrance Master Inquiry SPECTRUM DETENTION #: H06393 Type options, press Enter. 1=Select Opt Account number Project Opt Encumbered 200-0000-565.02-04 DR2001 2,750.00 3/06/14 14:40:47 Fiscal year 2006 Date Vendor Liquidated Unposted Balance 09/14/2006 0004024 T.N. EDMONDS & ASSOCIATES 2,750.00 .00 .00 F12=Cancel F14=Purchasing inquiry T. N. Edmonds & Associates P. O. Box 1419 • Houston, TX 77251-1419 Tel. (713)840-9272 • FAX (713)840-1828 tomedmonds@ho uston. rr. com August 17, 2006 Mr. Al Hague, Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: 39.003 acres of land, more or less, located at 1730 Fruge Road in the City of Pearland, being out of the James Hamilton Survey, Abstract No. 881, and the Duprey & Roberts Survey, Abstract No. 1698, Harris County, Texas. D'Vorah Hasheeve, etal, property owner. Dear Mr. Hague: Pursuant to your request, I have viewed the captioned parcel for the purpose of providing you with general information regarding its physical characteristics and improvements, along with price points of nearby sales. I have included sales which may assist the City of Pearland regarding its consideration for acquisition for detention purposes. The property was visited on August 8, 2006, at which time Mr. Rod Neighbour of the Kickerillo Companies provided access and presented a closing statement for the adjacent 49553 acres which was recently purchased by D'Vorah Hasheeve. The whole property, according to a General Warranty Deed dated April 8, 1996, contains 39.003 acres (1,69_8,970 s feet more or less, of land. It lies at the easterly terminus of Fruge Road, between State Highway 288 and Kirby Drive, and is bound on the south and east by Clear Creek. The recently completed Kirby Drive is located about 1,000 feet to the west, while Beltway 8 lies to the north, and Shadow Creek Parkway (FM 2234) is located to the south. This partially wooded tract is irregularly shaped, and about one-third of the property, or ±13 acres, forms a lake which was excavated years ago to provide fill for the development of nearby interchanges along State Highway 288, leaving a borrow pit that is now utilized for recreation. The tract has been landscaped, and a stabilized drive circles the lake. Various swales were observed that provide drainage into Clear Creek. Improvements found on the tract include a 2,109 square foot manufactured home which is centrally air conditioned/heated and contains kitchen, dining room, living room, family room, suriroom, four bedrooms, two baths, and utility room. The tract is also improved with a barn that contains 520 square feet on the first floor and has an unfinished loft storage area. A 760 square Real Estate Appraisers / Consultants JNTEGRA INVOICE Client: City of Pearland Projects Department Attention: Mr. Trent Epperson 3519 Liberty Drive Pearland, TX 77581 Invoice Date: Invoice Number: Payment Terms: November 29, 2007 155-2007-1425 Net 30 Days Reviewer Appraisal Contact Accounting Contact Michael W. Welch James P. Patterson arline Brunson Appraisal Services: r, S It Property Owner: D'Vorah Hasheeve, et al. of:l� Re: An Appraisalg/eii, l 6 v i 5por 1\\u�/�� .,________ An approximate 39.003 acres of land, more or less, out of the James Hamilton Survey, Abstract No. 881, The W.W. Duprey and L.F. Roberts Survey, Abstract No. 1698, Harris County, Texas. $ 2,500 TX ID #36-450653-9 Total Amount Due: $2,500 AU( PLEASE MAKE CHECKS PAYABLE To: Integra Realty Resources Houston % �. 5718 Westheimer, Suite 1100 ",471 Houston, Texas 77057 Phone (713) 243-3300 C ` \ \\ Fax (713) 243-3301 °L-' \I Q. a -V TO ENSURE PROPER CREDIT, PLEASE RETURN INVOICE COPY WITH PAYMENT 3 2„1 Valid TO ADDRESS LISTED A 4-adod ;,g (e -N - GM150IO2 City Of Pearland Encumbrance Master Inquiry Project S10051 NORTH SPECTRUM Purchase order #: 090252 BALANCE Type options, 1=Select Opt Account number Project Opt Encumbered 50-0000-565.02-00 S10051 8,625.00 press Enter. Date Vendor Liquidated 09/30/2008 0002812 8,625.00 3/06/14 14:36:25 Fiscal year 2009 Unposted Balance INTEGRA REALTY RESOURCES .00 .00 (01.I - Ja, ter, ,¢ ats6 ✓Ia,4 ,d 7`�i 7 � " 71 F12=Cancel F14=Purchasing inquiry • • '- `477283 CITY OF PEARLAND Plaintiff, v. CAUSE NO. 920594 PATRICIA D. SALVATO; CAROL E. THOMPSON; D'VORAH L. HASHEEVE; JPMORGAN CHASE BANK, N.A.; THE TAXING AUTHORITIES OF THE COUNTY OF HARRIS; HARRIS COUNTY FLOOD CONTROL; THE PORT OF HOUSTON AUTHORITY; HARRIS COUNTY HOSPITAL DISTRICT; HARRIS COUNTY EDUCATION DEPARTMENT; HOUSTON COMMUNITY COLLEGE; THE CITY OF PEARLAND; and THE HOUSTON INDEPENDENT SCHOOL DISTRICT Defendants. § § IN THE COUNTY CIVIL COURT AT LAW NO. 2 f OF HARRIS COUNTY, TEXAS Q CI -v Cs ORDER GRANTING SPECIAL COMMISSIONERS' FEES The hearing before the panel of the Special Commissioners was held in this case on September 25, 2008, and the award of the Special Commissioners has been fled with the Court. A copy of the Special Commissioners' Statement of Service is attached. Accordingly, it is ORDERED that the Special Commissioners appointed by the Court in this case, Jeffrey R. Newport and Michael D. Copland, each be paid the sum of $ 450. DC7 for the hours of service rendered in this capacity and Jill S. Fury be paid the sum of $ 150 •b0 for the hours of service rendered in this capacity. It is further ORDERED that all Special ; ; ::: • • Commissioners' fees will be paid by the City of Pearland. Signed this day of OCT 0 6 2008 , 2008, HOUSTON\013353/000037 EDISAMl2225317.) J• . Date Requested: Warrant Needed By: CHECK REQUEST February 3, 2009 February 6, 2009 Project North Spectrum Project No. 510051 Account No. 050-0000-565.02-00 Vendor: Edison, McDowell & Hetherington LLP Address: 3200 Southwest Freeway, Suite 2920 Houston, Texas 77027 Office: 713-337-5581 GF No. Payee: Michael D. Copland Payee's Address: 6633 Hillcroft Ste 212 Houston, Texas 77081 Payee's Tax ID/SS#: 741544179 Total Consideration: Description: Comments: Requested By: Approved By: Finance Approval: $450.00 Four Hundred Fifty Dollars P 1RD 38.893 acres of land located in the W.W. Dupuy & L.F. Roberts Survey Abstract 1698 and the T.C.R.R. Co. Survey Section 4, Abstract 675 Harris County, Texas Special Commissioners' Fees. V. Patricia D. Salvato Cause No. 920594. CCCL2. Parcel 1RD (Please hold, will pick up by Anthony Vu) Date Requested: Warrant Needed By: CHECK REQUEST February 3, 2009 February 6, 2009 Project North Spectrum Project No. S10051 Account No. 050-0000-565.02-00 Vendor: Edison, McDowell & Hetherington LLP Address: 3200 Southwest Freeway, Suite 2920 Houston, Texas 77027 Office: 713-337-5581 GF No. Payee: Jill S. Fury Payee's Address: 3219 Ashlock Dr. Houston, Texas 77082 Payee's Tax ID/SS#: 388800206 Total Consideration: $150.00 One Hundred Fifty Dollars Description: Comments: Requested By: Approved By: Finance Approval: P 1RD 38.893 acres of land located in the W.W. Dupuy & L.F. Roberts Survey Abstract 1698 and the T.C.R.R. Co. Survey Section 4, Abstract 675 Harris County, Texas Special Commissioners' Fees. V. Patricia D. Saivato Cause No. 920594. CCCL2. Parcel 1RD (Please hold, will pick up by Anthony Vu) Date Requested: Warrant Needed By: CHECK REQUEST February 3, 2009 February 6, 2009 Project North Spectrum Project No. S10051 Account No. 050-0000-565.02-00 Vendor: Edison, McDowell & Hetherington LLP Address: 3200 Southwest Freeway, Suite 2920 Houston, Texas 77027 Office: 713-337-5581 GF No. Payee: Jeffrey R. Newport Payee's Address: 8431 Katy Freeway Houston, Texas 77024 Payee's Tax ID/SS#: 760180076 Total Consideration: S450.00 Four Hundred Fifty Dollars Description: Comments: Requested By: Approved By: Finance Approval: P 1RD 38.893 acres of land located in the W.W. Dupuy & L.F. Roberts Survey Abstract 1698 and the T.C.R.R. Co. Survey Section 4, Abstract 675 Harris County, Texas Special Commissioners' Fees. V. Patricia D. Salvato Cause No. 920594. CCCL2. Parcel 1RD (Please hold, will pick up by Anthony Vu) Henderson Abstract Company 3726 Crescent Pearland, TX 77584 Bill To Mr. Anthony Vu City of Pearland 3519 Liberty Drive Pearland, TX 77581 Invoice Date Invoice # 3/13/2008 2434 • Customer Ref. f r loitr / North Spectrum Hasheeve Quantity Description Rate Amount 1 1 2 79 Abstracting Services - Condemnation file organization Abstracting Services - Title Report Title Plant Fees Old American Plant Document Copies 50.00 200.00 75.00 1.00 50.00 200.00 150.00 79.00 Subtotal $47900 Terms: Net 30 days from Date of invoice Sales Tax (8.25%) $0.00 Total $479.00 Phone # Fax # E-mail 832-818-4445 281-489-0434 jthenderson@prodigy.net ttai 441(1 P, Aci peva/ ,4ccou ✓6�'. i7/ -pd Date Requested: Warrant Needed By: CHECK REQUEST October 10, 2008 October 17, 2008 Project North Spectrum (Regional Detention) Project No. 510051 Account No. 070-0000-565.02-00 Vendor: Bracewell & Giuliani Address: 711 Louisiana Street suite 2300 Houston, Texas 77002 Office: 713-221-1371 GF No. Payee: Beverly B. Kaufman, Clerk Harris County Courts Total Consideration: $387,416.00 Three Hundred Eighty Seven Thousand Four Hundred Sixteen Dollars Description: Parcel 1RD. 38.893 acres in the W.W. Duprey & L.F. Roberts Survey, Abstract 1698, and the T.C.R.R. Co. Survey Section 4, Abstract 675, Harris County, Texas Comments: Award of Special Commissioners- vs. D'Vorah L. Hasheeve No. CI 920594, CCCL2 (Please hold for pick up by Anthony Vu) Requested By: Approved By: Approved By: Approved By: Finance Approval: Anthony Vu, Acquisition Coordinator Trent Epperson, Projects Director Mike Hodge, Assistant City Manager Bill Eisen, City Manager Invoice No. Date Amount 81 1/31/2009 $ 1,937.50 262 2/28/2009 $ 6,610.69 447 3/31/2009 $ 965.26 979 6/30/2009 $ 388.76 1432 7/31/2009 $ 1,321.29 1475 8/31/2009 $ 952.20 1837 9/30/2009 $ 187.50 2045 10/31/2009 $ 2,316.90 2408 11/30/2009 $. 858.20 2852 12/31/2009 $ 375.00 3181 1/31/2010 $ 4,182.19 3370 2/28/2010 $ 3,034.16 4128 3/31/2010 $ 869.91 4544 4/30/2010 $ 189.52 5206 6/30/2010 $ 312.50 5698 7/31/2010 $ 732.09 5906 8/31/2010 $ 62.60 6784 9/30/2010 $ 5,755.60 6989 10/31/2010 $ 902.88 7730 11/30/2010 $ 32.63 8150 12/31/2010 $ 110.50 8722 1/31/2011 $ 250.88 Total $ 32,348.76 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 January 31, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park FOR PROFESSIONAL SERVICES RENDERED Invoice No. 81 Our File No. 2016-0011 Billing Through: 1/31/09 1/23/09 AME prepare for 1-26-09 meeting with D. Coker, N. 1.25 hrs 250 / hr 312.50 Lira and B. Eisen to discuss right -to -take issues; review documents produced by Salvato in response to written discovery propounded by City of Pearland; t/c with opposing counsel T. Sheffield 1/26/09 AME meet with N. Lira, B. Eisen, D. Coker and B. 3.25 hrs 250 / hr 812.50 Aiken to discuss purpose behind detention project and right -to -take issues; begin reviewing documents provided by the City responsive to property owner's discovery requests 1/26/09 BJA Conference with city officials regarding the 3.25 hrs 250 / hr 812.50 North Spectrum Detention; review documents provided by city officials Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 4.50 250.00 $1,125.00 BJA Aiken, Brad J. 3.25 250.00 $812.50 Total fees for this matter 7.75 hrs $1,937.50 BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $1,937.50 $1,937.50 $1,937.50 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 February 28, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 1/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 262 Our File No. 2016-0011 Billing Through: 2/28/09 $1,937.50 ($1,937.50) $0.00 $0.00 2/4/09 BJA Begin to review client documents for privilege. 6.20 hrs 250 / hr 1,550.00 2/5/09 BJA Prepare responses to request for disclosures and 2.00 hrs 250 / hr 500.00 production; continue to review client documents for privilege. 2/12/09 AME meet with J. Patterson and M. Welch at the 1.00 hrs 250 / hr 250.00 offices of Integra Realty Resources to discuss issues surrounding appraisal of Salvato tract. 2/12/09 BJA Conference with J. Patterson and M. Welch 1.00 hrs 250 / hr 250.00 regarding valuation of property and litigation file. 2/16/09 BJA Conference with A. Edison regarding privileged 3.70 hrs 250 / hr 925.00 documents; attention to same; two telephone conferences with opposing counsel C. Scott regarding document production; review documents received from plaintiff. 2/17/09 BJA Telephone conference with opposing counsel C. 0.20 hrs 250 / hr 50.00 Scott regarding document production. 2/24/09 BJA Review documents for attorney client privilege; 6.10 hrs 250 / hr 1,525.00 prepare privilege log; research regarding Spectrum Management District. 2/25/09 AME attention to Salvato discovery issues 0.50 hrs 250 / hr 125.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 1.50 250.00 $375.00 BJA Aiken, Brad J. 19.20 250.00 $4,800.00 Total fees for this matter 20.70 hrs $5,175.00 DISBURSEMENTS 2/1/09 mileage reimbursement 21.45 The City of Pearland 2016 - 0011 Invoice No. 262 2/11/09 Outside printing 2/28/09 Copies: 38 pages @ $.10. 2/28/09 Postage Disbursement Summary Copying 3.80 Outside printing 1,406.49 Postage 3.95 Other 21.45 Page 2 1,406.49 3.80 3.95 Total disbursements for this matter $1,435.69 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $5,175.00 $1,435.69 $6,610.69 $6,610.69 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 March 31, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 3/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 447 Our File No. 2016-0011 Billing Through: 3/31/09 $7,575.95 ($0.00) ($965.26) $6,610.69 2/25/09 BJA Prepare privilege log for documents protected 1.80 hrs 250 / hr 450.00 by attorney client privilege. 3/3/09 BJA Telephone conferences with opposing counsel 1.30 hrs 250 / hr 325.00 regarding document production; continued attention to privilege log. 3/16/09 AME review order setting trial for August 3, 2009; 0.50 hrs 250 / hr 125.00 email to M. Welch and D. Coker re: same; draft correspondence to all counsel of record to inform them of August 3 trial setting; review order compelling mediation before former Judge Sharolyn Wood; t/c with opposing counsel T. Sheffield 3/19/09 AME t/c with opposing counsel T. Sheffield re: 0.25 hrs 250 / hr 62.50 mediation Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.75 250.00 $187.50 BJA Aiken, Brad J. 3.10 250.00 $775.00 Total fees for this matter 3.85 hrs $962.50 DISBURSEMENTS 3/31/09 Copying: 15 pages @ $.10 per page 1.50 3/31/09 Postage 1.26 The City of Pearland 2016 - 0011 Invoice No. 447 Page 2 Disbursement Summary Copying 1.50 Postage 1.26 Total disbursements for this matter $2.76 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $6,610.69 61 - 90 $0.00 $962.50 $2.76 $965.26 $6,610.69 $7,575.95 91-120 121&up $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 June 30, 2009 Mr. Darrin M. Coker City of Pearland Wells Fargo Building 6302 West Broadway, Ste 250 Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 3/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 979 Our File No. 2016-0011 Billing Through: 6/30/09 $7,575.95 ($7,575.95) $0.00 $0.00 6/8/09 AME t/c with opposing counsel T. Sheffield re: trial 0.50 hrs 250 / hr 125.00 continuance; email to M. Welch and D. Coker re: same; email with B. Eisen re: deposition scheduling. 6/9/09 AME review and comment on proposed Motion for 0.50 hrs 250 / hr 125.00 Continuance and Agreed Docket Control Order; emails with opposing counsel re: deposition scheduling; emails with B. Eisen re: deposition scheduling 6/17/09 AME t/c with opposing counsel T. Sheffield re: B. 0.50 hrs 250/ hr 125.00 Eisen deposition date; meet with B. Eisen to discuss deposition testimony Timekeeper Summary Nance Hours Rate Amount AME Edison, Andrew M. 1.50 250.00 $375.00 Total fees for this matter 1.50 hrs $375.00 DISBURSEMENTS 6/30/09 Facsimile - 12 pages @ $1.00 per page 12.00 6/30/09 Postage 1.76 Disbursement Summary Facsimile 12.00 The City of Pearland 2016 - 0011 Invoice No. 979 Page 2 Postage 1.76 Total disbursements for this matter $13.76 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $375.00 $13.76 $388.76 $388.76 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 July 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 6/30/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 1432 Our File No. 2016-0011 Billing Through: 7/31/09 $388.76 ($388.76) $0.00 $0.00 7/6/09 BJA Attention to document request/privilege log 0.60 hrs 250 / hr 150.00 request. 7/17/09 AME prepare for and meet with B. Eisen to discuss 2.50 hrs 250 / hr 625.00 deposition preparation 7/22/09 AME review additional documents provided by D. 0.75 hrs 250 / hr 187.50 Coker from B. Eisen's file 7/28/09 AME t/c with D. Goswick; prepare for B. Eisen 0.75 hrs 250 / hr 187.50 deposition; produce additional documents 7/28/09 ADG prepare documents for production 0.30 hrs 140 / hr 42.00 7/29/09 AME t/c with opposing counsel T. Sheffield re: 0.50 hrs 250 / hr 125.00 deposition rescheduling; t/c with B. Eisen re: same; t/c with D. Goswick Timekeeper Summary Name Hours Rate Amount ADG Godwin, Ariel D. 0.30 140.00 $42.00 AME Edison, Andrew M. 4.50 250.00 $1,125.00 BJA Aiken, Brad J. 0.60 250.00 $150.00 Total fees for this matter 5.40 hrs $1,317.00 DISBURSEMENTS 7/31/09 Copying - 29 pages @ $.10 per page 2.90 7/31/09 Postage 1.39 The City of Pearland 2016 - 0011 Invoice No. 1432 Page 2 Disbursement Summary Copying 2.90 Postage 1.39 Total disbursements for this matter $4.29 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $1,317.00 $4.29 $1,321.29 $1,321.29 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 August 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 7/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 1475 Our File No. 2016-0011 Billing Through: 8/31/09 $1,321.29 ($1,321.29) $0.00 $0.00 8/10/09 AME meet with D. Goswick and D. Coker at the 2.00 hrs 250 / hr 500.00 Waterlight offices to discuss case and factual issues 8/13/09 JWN Work with A. Edison regarding Bever DWOP 0.20 hrs 250 / hr 50.00 hearing 8/14/09 JWN Attend Bever DWOP hearing and request that 1.40 hrs 250 / hr 350.00 case not be dismissed but set for trial 8/31/09 JWN attention to special commissioner appointment 0.20 hrs 250 / hr 50.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 2.00 250.00 $500.00 JWN Najvar, Jerad W 1.80 250.00 $450.00 Total fees for this matter 3.80 hrs $950.00 DISBURSEMENTS 8/31/09 Copying - 22 pages @ $.10 per page 2.20 Disbursement Summary Copying 2.20 Total disbursements for this matter $2.20 The City of Pearland 2016 - 0011 Invoice No. 1475 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $950.00 $2.20 $952.20 $952.20 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 September 30, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 8/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 1837 Our File No. 2016-0011 Billing Through: 9/30/09 $952.20 ($952.20) $0.00 $0.00 9/24/09 AME t/c with opposing counsel T. Sheffield re: 0.25 hrs 250 / hr 62.50 deposition scheduling 9/29/09 AME t/c with B. Eisen; t/c with opposing counsel T. 0.50 hrs 250 / hr 125.00 Sheffield; t/c with D. Coker Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE Hours Rate Amount 0.75 250.00 $187.50 0.75 hrs $187.50 $187.50 $187.50 $187.50 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 October 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 9/30/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 2045 Our File No. 2016-0011 Billing Through: 10/31/09 $187.50 ($187.50) $0.00 $0.00 10/27/09 AME review documents produced by both parties in 1.50 hrs 250 / hr 375.00 preparation for B. Eisen deposition 10/28/09 AME t/c with opposing counsel T. Sheffield; work on 2.25 hrs 250 / hr 562.50 privilege log; t/c with B. Eisen and D. Coker to prepare for deposition 10/29/09 AME prepare and present B. Eisen for deposition 5.50 hrs 250 / hr 1,375.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 9.25 250.00 $2,312.50 Total fees for this matter DISBURSEMENTS 9.25 hrs $2,312.50 10/31/09 Copying - 44 pages @ $.10 per page 4.40 Disbursement Summary Copying 4.40 Total disbursements for this matter $4.40 The City of Pearland 2016 - 0011 Invoice No. 2045 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $2,312.50 $4.40 $2,316.90 $2,316.90 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax LD. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 10/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED November 30, 2009 Invoice No. 2408 Our File No. 2016-0011 Billing Through: 11/30/09 $2,316.90 ($2,316.90) $0.00 $0.00 11/4/09 AME forward B. Eisen deposition transcript to B. 1.00 hrs 250 / hr 250.00 Eisen and D. Coker; review and analyze B. Eisen deposition transcript 11/5/09 AME t/c with D. Coker and B. Eisen to review his 0.50 hrs 250 / hr 125.00 deposition testimony and make corrections to the deposition transcript 11/9/09 AME emails with T. Sheffield, D. Coker, N. Lira and 0.25 hrs 250 / hr 62.50 M. Welch re: deposition scheduling 11/13/09 AME t/c with B. Eisen and D. Coker; t/c with D. 0.50 hrs 250 / hr 125.00 Goswick Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 2.25 250.00 $562.50 Total fees for this matter 2.25 hrs $562.50 DISBURSEMENTS 11/5/09 Deposition transcripts - Bill Eisen 293.30 11/30/09 Copying - 24 pages @ $.10 per page 2.40 Disbursement Summary Copying 2.40 Deposition transcripts 293.30 Total disbursements for this matter $295.70 The City of Pearland 2016 - 0011 Invoice No. 2408 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $562.50 $295.70 $858.20 $858.20 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 December 31, 2009 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 11/30/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 2852 Our File No. 2016-0011 Billing Through: 12/31/09 $858.20 ($0.00) $0.00 $858.20 12/7/09 AME t/c with opposing counsel T. Sheffield 0.25 hrs 250 / hr 62.50 12/30/09 AME t/c with N. Lira re: deposition preparation; t/c 1.25 hrs 250 / hr 312.50 with D. Goswick; prepare for N. Lira's deposition Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 -60 $858.20 Hours Rate Amount 1.50 250.00 $375.00 1.50 hrs $375.00 $375.00 $375.00 $858.20 $1,233.20 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 January 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 12/31/09 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 3181 Our File No. 2016-0011 Billing Through: 1/31/10 $1,233.20 ($858.20) $0.00 $375.00 FOR PROFESSIONAL SERVICES RENDERED 1/4/10 AME meet with D. Coker and N. Lira to prepare N. 2.00 hrs 250 / hr 500.00 Lira for his deposition 1/5/10 AME prepare and present N. Lira for deposition; 4.25 hrs 250 / hr 1,062.50 telephone call with D. Coker 1/5/10 ADG compilation of documents produced by N. Lira 0.50 hrs 140 / hr 70.00 for A Edison 1/11/10 AME meet with D. Goswick to prepare him for his 2.25 hrs 250 / hr 562.50 deposition 1/13/10 AME prepare for and attend deposition of D. 5.00 hrs 250 / hr 1,250.00 Goswick; t/c with D. Coker 1/26/10 AME t/c with opposing counsel T. Sheffield; attention 0.25 hrs 250 / hr 62.50 to deposition scheduling for T. Epperson; t/c with D. Coker Timekeeper Summary Name Hours Rate Amount ADG Godwin, Ariel D. 0.50 140.00 $70.00 AME Edison, Andrew M. 13.75 250.00 $3,437.50 Total fees for this matter 14.25 hrs $3,507.50 DISBURSEMENTS 1/4/10 Mileage reimbursement - 54 miles @ $.55 per mile; travel to Pearland City 29.70 Hall for North Spectrum Detention case 1/4/10 mileage reimbursement - 54 miles. Travel to attend deposition prep with N 29.70 Lira 1/13/10 Deposition transcript - Narciso Lira 270.80 1/13/10 Deposition transcript - David Goswick 338.65 1/31/10 Postage 5.84 The City of Pearland Disbursement Summary Postage 5.84 Out-of-town travel 59.40 Deposition transcripts 609.45 Total disbursements for this matter $674.69 2016 - 0011 Invoice No. 3181 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $375.00 $3,507.50 $674.69 $4,182.19 $375.00 $4,557.19 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 February 28, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 1/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 3370 Our File No. 2016-0011 Billing Through: 2/28/10 $4,557.19 ($375.00) $0.00 $4,182.19 FOR PROFESSIONAL SERVICES RENDERED 2/8/10 AME prepare for meetings with T. Epperson, N. Lira, 1.00 hrs 250 / hr 250.00 D. Coker and B. Eisen to discuss right -to -take issues 2/8/10 AME review deposition testimony of B. Eisen, N. Lira 5.75 hrs 250 / hr 1,437.50 and D. Goswick and prepare for meetings at City of Pearland to discuss status of litigation; attend City Council meeting in executive session to discuss condemnation issues 2/9/10 AME meet with N. Lira, B. Eisen, D. Coker, L. 3.50 hrs 250 / hr 875.00 Kirshana and T. Epperson; deposition preparation session with T. Epperson; review various documents provided by the City re: preliminary engineering and detention studies 2/25/10 AME attention to motion for continuance; t/c with 1.25 hrs 250 / hr 312.50 court clerk re: continuance; t/c with opposing counsel T. Sheffield; draft request for status conference and file same; t/c with D. Coker 2/25/10 ADG filing of agreed motion for continuance and 0.40 hrs 140 / hr 56.00 order with court (Salvato) Timekeeper Summary Name Hours Rate Amount ADG Godwin, Ariel D. 0.40 140.00 $56.00 AME Edison, Andrew M. 11.50 250.00 $2,875.00 Total fees for this matter 11.90 hrs $2,931.00 DISBURSEMENTS 2/3/10 Court fees - Electronic filing of opposition of defendant's motion to modify 16.09 (Martini) 2/8/10 Local travel - mileage reimbursement; 54 miles @ $.55 per mile; travel to 29.70 meeting The City of Pearland 2016 - 0011 Invoice No. 3370 Page 2 2/25/10 Court fees - electronic filing of agreed motion for continuance 16.09 2/28/10 Copying - 404 pages @ $.10 per page 40.40 2/28/10 Postage 0.88 Disbursement Summary Copying 40.40 Postage 0.88 Local travel 29.70 Court fees 32.18 Total disbursements for this matter $103.16 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $4,182.19 31 - 60 $0.00 $2,931.00 $103.16 $3,034.16 $4,182.19 $7,216.35 61-90 91-120 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 121 & up $0.00 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 March 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 2/28/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 4128 Our File No. 2016-0011 Billing Through: 3/31/10 $7,216.35 ($3,034.16) $0.00 $4,182.19 FOR PROFESSIONAL SERVICES RENDERED 3/1/10 AME telephone call with D. Goswick 0.25 hrs 250 / hr 62.50 3/4/10 AME attend status conference before Judge Smith; t/cs 2.25 hrs 250 / hr 562.50 with M. Welch and D. Coker re: new trial date; t/c with T. Epperson re: postponement of his deposition 3/19/10 AME email from D. Goswick regarding foreclosure of 0.50 hrs 250 / hr 125.00 Waterlights' project; emails with D. Coker and M. Welch regarding same 3/23/10 AME t/c with opposing counsel T. Sheffield; t/c with 0.25 hrs 250 / hr 62.50 T. Epperson Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter Hours Rate Amount 3.25 250.00 $812.50 3.25 hrs $812.50 DISBURSEMENTS 3/1/10 Court fees - electronic filing of joint motion for status conference 16.09 3/4/10 Local travel - parking at courthouse for hearing 7.00 3/10/10 February Fedex charges 17.36 3/31/10 March Copies 5.70 3/31/10 March Postage Disbursement Summary Copying 5.70 Delivery services/messengers 17.36 Postage 11.26 Local travel 7.00 11.26 The City of Pearland 2016 - 0011 Court fees Total disbursements for this matter BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $0.00 61 - 90 $4,182.19 Invoice No. 4128 Page 2 16.09 $812.50 $57.41 $869.91 $4,182.19 $5,052.10 91 - 120 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 121 & up $0.00 $57.41 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 April 30, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 3/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 4544 Our File No. 2016-0011 Billing Through: 4/30/10 $5,052.10 ($5,052.10) $0.00 $0.00 FOR PROFESSIONAL SERVICES RENDERED 4'19 10 AME t/c with opposing counsel T. Sheffield re: 0.25 hrs 250 / hr 62.50 cancellation of T. Epperson deposition; t/c with D. Coker and T. Epperson re: same Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.25 250.00 $62.50 Total fees for this matter DISBURSEMENTS 0.25 hrs $62.50 4/30/10 Copying 0.40 3/5/10 Litigation support vendors 126.62 Disbursement Summary Copying 0.40 Litigation support vendors 126.62 Total disbursements for this matter $127.02 The City of Pearland 2016 - 0011 Invoice No. 4544 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $62.50 $127.02 $189.52 $189.52 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 June 30, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 4/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward Invoice No. 5206 Our File No. 2016-0011 Billing Through: 6/30/10 $189.52 ($189.52) $0.00 $0.00 FOR PROFESSIONAL SERVICES RENDERED 6/6/10 AME review supplemental discovery responses 0.25 hrs 250 / hr 62.50 provided by property owner; forward same to D. Coker 6/10/10 AME t/c with opposing counsel T. Sheffield 0.50 hrs 250 / hr 125.00 6/28/10 AME t/c with opposing counsel T. Sheffield; t/c with 0.50 hrs 250 / hr 125.00 potential mediator C. Brack; emails with D. Coker re: mediation Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter BILLING SUMMARY TOTAL FEES TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE Hours Rate Amount 1.25 250.00 $312.50 1.25 hrs $312.50 $312.50 $312.50 $312.50 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 July 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 6/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 5698 Our File No. 2016-0011 Billing Through: 7/31/10 $312.50 ($0.00) $0.00 $312.50 7/1/10 AME t/c with opposing counsel re: mediation issues; 0.25 hrs 250 / hr 62.50 t/c with mediator C. Brack 7/9/10 AME draft motion for continuance of trial date; t/c 0.50 hrs 250 / hr 125.00 with opposing counsel re: Tom Sheffield re: same 7/12/10 AME work on motion for continuance 0.25 hrs 250 / hr 62.50 7/19/10 AME t/c with mediator C. Brack 0.25 hrs 250 / hr 62.50 7/22/10 AME attend oral hearing on motion for continuance; 1.50 hrs 250 / hr 375.00 emails with D. Coker and M. Welch regarding same Timekeeper Summary Name AME Edison, Andrew M. Total fees for this matter Hours Rate Amount 2.75 250.00 $687.50 2.75 hrs $687.50 DISBURSEMENTS 7/14/10 Court fees - electronic filing - Salvato - unopposed motion for continuance 16.09 7/16/10 Court fees - electronic filing - Salvato - amended notice of oral hearing 16.09 7/22/10 Local travel - Parking at courthouse for hearing (Salvato) 5.00 7/31/10 Photocopy Expenses 6.80 7/31/10 Postage 0.61 The City of Pearland 2016 - 0011 Invoice No. 5698 Page 2 Disbursement Summary Copying 6.80 Postage 0.61 Local travel 5.00 Court fees 32.18 Total disbursements for this matter $44.59 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $312.50 $687.50 $44.59 $732.09 $312.50 $1,044.59 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 August 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 7/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED 8/25/10 AME attention to mediation scheduling Invoice No. 5906 Our File No. 2016-0011 Billing Through: 8/31/10 $1,044.59 ($0.00) $0.00 $1,044.59 0.25 hrs 250 / hr 62.50 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.25 250.00 $62.50 Total fees for this matter 0.25 hrs $62.50 DISBURSEMENTS 8/31/10 Copy Expenses 0.10 Disbursement Summary Copying 0.10 Total disbursements for this matter $0.10 The City of Pearland 2016 - 0011 Invoice No. 5906 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $732.09 $62.50 $0.10 $62.60 $1,044.59 $1,107.19 61-90 91-120 121&up $312.50 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 8/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED September 30, 2010 Invoice No. 6784 Our File No. 2016-0011 Billing Through: 9/30/10 $1,107.19 ($1,107.19) $0.00 $0.00 9/9/10 AME additional research on right -to -take issues; 4.50 hrs 250 / hr 1,125.00 continue to work on motion for summary j udgment 9/14/10 AME trial preparation; review B. Eisen and D. 5.25 hrs 250 / hr 1,312.50 Goswick depositions; work on motion for summary judgment on right -to -take 9/22/10 AME prepare for mediation; telephone conference 2.00 hrs 250 / hr 500.00 with mediator C. Brack 9/23/10 AME participate in mediation 8.75 hrs 250/ hr 2,187.50 9/24/10 AME work on proposed final judgment 1.00 hrs 250 / hr 250.00 9/27/10 AME t/c with opposing counsel T. Sheffield; attention 0.50 hrs 250 / hr 125.00 to revisions of Agreed Final Judgment 9/30/10 AME prepare for city council meeting 1.00 hrs 250 / hr 250.00 Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 23.00 250.00 $5,750.00 Total fees for this matter DISBURSEMENTS 23.00 hrs $5,750.00 9/30/10 Copy Expenses 5.60 Disbursement Summary Copying 5.60 Total disbursements for this matter $5.60 The City of Pearland 2016 - 0011 Invoice No. 6784 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $5,750.00 $5.60 $5,755.60 $5,755.60 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 October 31, 2010 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 9/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 6989 Our File No. 2016-0011 Billing Through: 10/31/10 $5,755.60 ($0.00) $0.00 $5,755.60 10/4/10 AME prepare for and attend City Council meeting to 2.25 hrs 250 / hr 562.50 discuss settlement proposal; t/c with opposing counsel T. Sheffield 10/11/10 AME telephone conference with opposing counsel T. 0.75 hrs 250 / hr 187.50 Sheffield; revise final judgment to include release of funds in the registry of the court to the City of Pearland and waiver of repurchase right contained in Section 21.023 of the TExas Property Code; telephone conference with D. Coker; attention to obtaining settlement check 10/13/10 AME revisions to agreed final judgment; t/c with 0.50 hrs 250 / hr 125.00 opposing counsel T. Sheffield Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 3.50 250.00 $875.00 Total fees for this matter 3.50 hrs $875.00 DISBURSEMENTS 10/4/10 Mileage reimbursement - 45.6 miles @ $.55 per mile - travel to Pearland 25.08 for City Council meeting 10/31/10 Copy Expenses 2.80 Disbursement Summary Copying 2.80 Out-of-town travel 25.08 Total disbursements for this matter $27.88 The City of Pearland 2016 - 0011 Invoice No. 6989 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $5,755.60 61 - 90 $0.00 $875.00 $27.88 $902.88 $5,755.60 $6,658.48 91-120 121&up $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 10/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward November 30, 2010 Invoice No. 7730 Our File No. 2016-0011 Billing Through: 11/30/10 $6,658.48 ($5,755.60) $0.00 $902.88 The City of Pearland Timekeeper Summary Name 2016 - 0011 Invoice No. 7730 Page 2 Hours Rate Amount DISBURSEMENTS 10/31/10 October Fedex charges 16.04 11/12/10 Court fees - electronic filing - Executed Agreed Final Judgment 11 2010 16.09 11/30/10 Copy Expenses 0.50 Disbursement Summary Copying 0.50 Delivery services/messengers 16.04 Court fees 16.09 Total disbursements for this natter $32.63 BILLING SUMMARY TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE AR Aging: 0-30 $0.00 31 - 60 $902.88 $32.63 $32.63 $902.88 $935.51 61-90 91-120 121&up $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP Phoenix Tower 3200 Southwest Freeway, Suite 2920 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 11/30/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED December 31, 2010 Invoice No. 8150 Our File No. 2016-0011 Billing Through: 12/31/10 $935.51 ($902.88) $0.00 $32.63 12/21/10 AME draft correspondence filing final judgment with 0.25 hrs 250 / hr 62.50 real property records Timekeeper Summary Name Hours Rate Amount AME Edison, Andrew M. 0.25 250.00 $62.50 Total fees for this matter 0.25 hrs $62.50 DISBURSEMENTS 12/21/10 Real Property Filing Fee 48.00 Disbursement Summary Court fees 48.00 Total disbursements for this matter $48.00 The City of Pearland 2016 - 0011 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL PLUS NET BALANCE FORWARD TOTAL BALANCE NOW DUE Invoice No. 8150 Page 2 $62.50 $48.00 $110.50 $32.63 $143.13 AR Aging: 0-30 31-60 61-90 91-120 121&up $0.00 $32.63 $0.00 $0.00 $0.00 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 Edison, McDowell & Hetherington LLP PhoenixTower 3200 Southwest Freeway, Suite 2100 Houston, TX 77027 (713) 337-5580 Tax I.D. 26-3672762 January 31, 2011 Mr. Darrin M. Coker City of Pearland 3519 Liberty Drive Pearland, TX 77581 North Spectrum-Detention/Park Balance forward as of invoice dated 12/31/10 Payments received since last invoice AR adjustments made since last invoice Net Balance Forward FOR PROFESSIONAL SERVICES RENDERED Invoice No. 8722 Our File No. 2016-0011 Billing Through: 1/31/11 $143.13 ($143.13) $0.00 $0.00 1/5/11 BJA Attention to matters related to funds held in 0.50 hrs 250 / hr 125.00 registry of the Court. 1/6/11 BJA Attention to matters related to money withheld 0.50 hrs 250 / hr 125.00 in Court's registry. Timekeeper Summary Name Hours Rate Amount BJA Aiken, Brad J. 1.00 250.00 $250.00 Total fees for this matter 1.00 hrs $250.00 DISBURSEMENTS 1/31/11 Copy Expenses 0.10 1/31/11 Postage 0.78 Disbursement Summary Copying 0.10 Postage 0.78 Total disbursements for this matter $0.88 The City of Pearland 2016 - 0011 Invoice No. 8722 Page 2 BILLING SUMMARY TOTAL FEES TOTAL DISBURSEMENTS TOTAL CHARGES FOR THIS BILL TOTAL BALANCE NOW DUE $250.00 $0.88 $250.88 $250.88 Wiring Instructions: Bank of Houston 750 Bering Drive, Suite 100 Houston, Texas 77057 Bank Acct. Name: Edison, McDowell & Hetherington LLP Routing No.: 113025147 Bank Acct.: 017087 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 February 6, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Resolution R2014-25 Exhibit "C" Re: Financing for 72.3% share of Master Drainage Plan To Whom it may concern: Lower Kirby Pearland Management District (the "District") and THE CITY OF PEARLAND, TEXAS (the "CITY") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Master Drainage Plan (the "Plan) in accordance with the Agreement, which includes a 72.3% share attributable to the District for its share of the Plan. The City will make all payments due to LJA Engineering & Surveying for work related to the Plan and as outlined in the attached Purchase Order, attached hereto as Exhibit "A" for the Plan, and the District agrees to reimburse the City pursuant to the terms of the Agreement for its 72.3% share of the Plan. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the gk - day of "Ft..xua J , 2014 Very truly yours, LOWER KIRBY I'FA c. AN r ANAGEMENT DISTRICT By: esi t, B ) irectors AGREED TO AND ACCEPTED this 1 0 day of March , 201 4 472064 By: Ci 'pager Clay J. earson LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/ o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 February 6, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for 72.3% share of Master Drainage Plan To Whom it may concern: Lower Kirby Pearland Management District (the "District") and THE CITY OF PEARLAND, TEXAS (the "CITY") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Master Drainage Plan (the "Plan) in accordance with the Agreement, which includes a 72.3% share attributable to the District for its share of the Plan. The City will make all payments due to LJA Engineering & Surveying for work related to the Plan and as outlined in the attached Purchase Order, attached hereto as Exhibit "A" for the Plan, and the District agrees to reimburse the City pursuant to the terms of the Agreement for its 72.3% share of the Plan. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 10- day of --C,irxN,o, 'k , 2014 Very truly yours, LOWER KIRB , A c ll ANAGEMENT DISTRICT By: AGREED TO AND ACCEPTED this 472064 resid • t, B.:/.. 'rectors day of , 20_ City of Pearland, Texas By: City Manager PEARLAND TEX A Exhibit A City of Pearland, Texas PURCHASE ORDER RaN0 12 0 7 5 5 Purchasing Department • 3519 Liberty Drive • Pearland, Texas 77581-5416DATE: 11 /15 /11 Tel: 281-652-1668 • Fax: 281-652-1738 Federal ID/Tax Exempt #74-6028909 CHANGE #: 2 DATE CHG: 09/11/12 PAGE: 1 LJA ENGINEERING & SURVEYING IN TO: 11821 EAST FREEWAY STE 400 HOUSTON, TX 77029 CITY OF PEARLAND sHPT(IENGINEERING DEPT COMMUNITY SERVICES BLDG 3523 LIBERTY DRIVE PEARLAND, TX 77581 VENDOR NO. IMPORTANT: MAIL ORIGINAL INVOICE TO THE CITY OF PEARLAND, FINANCE DEPARTMENT, P.O. BOX 2719, PEARLAND, TEXAS 77588-2719, INCLUDE ON INVOICE PURCHASE ORDER NUMBER SHOWN IN UPPER RIGHT CORNER OF THIS DOCUMENT. 2731 DELIVERED BY SHIP VIA F.O.B. TERMS 09/30/12 BEST METHOD DESTINATION NET CONFIRM BY CONFIRM TO REQUISITIONED BY HELEN J STEVISON TRISH ERNDT FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE .EE BELOW LINE NO. QUANTITY UOM TEM Na AND DESCRIPTION i i UNIT COST , EXTENDED COST ********************************* * * CHANGE ORDER * * * *********************************** 1 104895.00 DL SPECTRUM REGIONAL DETENTION POND -DRAINAGE IMPACT ANALYSIS .RESOLUTION #R2011-125 2 .00 9/11/12-AMEND#1-ADDL.STUDY-W.OF KIRBY DETENTION 1.0000 104895.00 .0000 .00 3 22515.00 EA 9/11/12 -AMEND #1 - ADDL. STUDY -W. 1.0000 22515.00 OF KIRBY DETEN SUB -TOTAL 127410.00 TOTAL 127410.00 QUANTITY, PR CE, CONDITIONS, ITEM DESCRIPTIONS CANNOT BE CHANGED WITHOUT THE APPROVAL OF THE UNDERSIGNED SEE REVERSE FOR STANDARD PURCHASE TERMS AND CONDITIONS roL AU D AGENT FOR CITY OF PEARLAND VENDOR AUTHORIZED SIGNATURE IF AMT. OVER $5,000 2 City of Pearland, Texas PAGE: P.O.PURCHASE ORDER 140.: 1 2 0 7 5 5 Purchasing Department • 3519 Liberty Drive • Pearland, Texas 77581-5416 DATE: 11 /15 /1 1 Tel: 281-652-1668 • Fax: 281-652-1738 Federal ID/Tax Exempt #74-6028909 CHANGE # 2 DATE CHG: 09/11/12 LJA ENGINEERING & SURVEYING IN 11821 EAST FREEWAY STE 400 HOUSTON, TX 77029 CITY OF PEARLAND "1"1ENGINEERING DEPT COMMUNITY SERVICES BLDG 3523 LIBERTY DRIVE PEARLAND, TX 77581 VENDOR NO. IMPORTANT: MAIL ORIGINAL INVOICE TO THE CITY OF PEARLAND. FINANCE DEPARTMENT, P.O. BOX 2719, PEARLAND, TEXAS 77588-2719. INCLUDE ON INVOICE PURCHASE ORDER NUMBER SHOWN IN UPPER RIGHT CORNER OF THIS DOCUMENT. 2 73 1 DELIVERED BY SHIP VIA F.O.B. TERMS 09/30/12 CONFIRM BY CONFIRM TO REQUISITIONED BY FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE LINE NO, QUANTITY UOM ITEM NO. AND DESCRIPTION , ; UNIT COST EXTENDED COST ********************************* * * * CHANGE ORDER * * * *********************************** ******************************************************************** * ACCOUNTING INFORMATION ONLY — DO NOT SEND THIS PAGE TO THE VENDOR* ******************************************************************** REQ/ACCT DATE REQ. BY PROJECT AMOUNT 1200000418 11/02/11 JHAYES 20000005650101 1200000418 11/02/11 JHAYES 20000005650101 DR2001 104895.00 DR1301 22515.00 QUANTITY, PRICE, CONDITIONS, ITEM DESCRIPTIONS CANNOT BE CHANGED WITHOUT THE APPROVAL OF THE UNDERSIGNED SEE REVERSE FOR STANDARD PURCHASE TERMS AND CONDITIONS AUTHORIZED AGENT FOR CITY OF PEARLAND VENDOR AUTHORIZED SIGNATURE IF AMT. OVER $5.000 PEARLAND 5g 1 City of Pearland, Texas PAGE: P.O. PURCHASE ORDER NO.: 120755 Purchasing Department* 3519 Liberty Drive • Pearland, Texas 77581-5416 DATE: 11/15/11 Tel: 281-652-1668 • Fax: 281-652-1738 Federal ID/Tax Exempt #74-6028909 CHANGE ft : 1 DATE CHG: 09/11/12 LJA ENGINEERING & SURVEYING IN To: 11821 EAST FREEWAY STE 400 HOUSTON, TX 77029 CITY OF PEARLAND SHIP TO: ENGINEERING DEPT COMMUNITY SERVICES BLDG 3523 LIBERTY DRIVE PEARLAND, TX 77 5 81 IMPORTANT: MAIL ORIGINAL INVOICE TO THE CITY OF PEARLAND, FINANCE DEPARTMENT, P.O. BOX 2719, PEARLAND, TEXAS 77588-2719, INCLUDE ON INVOICE PURCHASE ORDER NUMBER SHOWN IN UPPER RIGHT CORNER OF THIS DOCUMENT DELIVERED BY SHIP VM FOZ, TERMS 09/30/12 BEST METHOD DESTINATION NET CONFIRM BY CONFIRM TO REQUISITIONED 8Y HELEN J STEV I SON TRI SH ERNDT JHAYES FREIGHT CONTRACT NO. ACCOUNT NQ PROJECT REQ. NO, REQ, DATE UOM 1 ITEM 200-0000-565.01-01 NO AND DESCRIPTION DR2001 i UMT 1200000418 EXTENDED COST I 11/02/1: COST UNE NO. QUANTITY ********************************* * * * CHANGE ORDER * * *********************************** 1 104895.00 DL SPECTRUM REGIONAL DETENTION POND -DRAINAGE IMPACT ANALYSIS RESOLUTION #R2011-125 1.0000 104895.00 2 22515.00 EA 9/11/12-AMEND#1-ADDL.STUDY-W.OF 1.0000 22515.0 KIRBY DETENTION SUB -TOTAL 127410.00 TOTAL 127410.00 QUANTITY, PRICE, CONDITIONS, ITEM DESCRIPTIONS CANNOT BE CHANGED WITHOUT THE APPROVAL OF THE UNDERSIGNED SEE REVERSE FOR STANDARD PURCHASE TERMS AND CONDITIONS AUbIGENT FOR CITY OF PEARLAND VENDOR AUTHORIZED SIGNATURE IF AMT. OVER $5,000 r� o Date cif ssuafree. x'29/201.2 Cons/JimatA LA `> ifseein tion: aildnent encompasses the folios; 1. Additio 2. Study F P'FARLANI) b riy Us'lye, Site 3430 land, Inas 77581 d.:rrVprAjects eices Contra tAT Regional T3r#entiata Area west of Kirby Detention trz to t t.:�antract: tax siou Arn ndrnent s : Contract prior to this Ara nt: Net increase (decrease) from tit"ss R Revised Contract: insure Approval: endment; a in AP 13y: Amendment No. CoP Project N r -i+1 i i- PO# i 20 And Uftle indicua. Time 30 Days Days Days Time --- Days Days Days Days Days Dante: c tmr ss to N. Ekmv until tri- ArotrATiczt tx ;r ted. No pa.- to thc. {"nr„trtizra sha be mute f t work Inlu&d in tukc Antet:e'rrtcnt x.7.0.11 this r,#t { cteetatil. t:paa txctstthot by el gsrrlea Thr fbitevleg cottattrgs Urn i for the- Cnstrsrl 1'stst seidi r Urea art Male tXat wn. tsr mitis pin of TGt Conrrs > LJA Engin ng, inc. e298narpeu�w Nitre /,3 45a,52a) Suite sn Fax 713 95y5026 wmmbn, remsn042or07 www.10:nineering cnm August 23, 2012 Ms, Andrea Broughton, PE City Engineer City of Pearand 351SLiberty Drive Poadend.Texas 77681 Re. Additional Study Area VVea of Kirby for RegionalDetondonShudw LJA Proposal No. 12-0334 Dear Ms. Broughton; We are pleased bosubmit this proposal for additional study area west of Kirby to be included in the ongoing effort for the impact analysis report for the City of Peadond to develop detention scenarios for the regonaI detention basin to be Iocated in the southwest quadrant of Beftway 8 and SH 288 adjacent to Clear Creek. LJA Engineering, Inc. (LJA)has currently developed regional detontion options for the area between Kirby and SH 288. During a presentation of the findings to the City staff, it was suggested to add a section of the area west of Kirby. The area to be included in this addWoaa scope is showri below at the red hatched area. During the original phase of the project, three (3) options were analyzed depending on which properties fully participated. For this additional work, only Option 1 which is all development participates in regional detention will be analyzed. Our understanding of the scope is described 2:MATsnRESOURCES \ Prvposatmcwpearlanm12-0334wxirbymn Ms. Andrea Broughton PE August 23, 2012 Page 2 of 3 Scope of Services A Data Collection None at this time B Hydrology 8.1 Revise existing conditions hydrology to create a model to be used as basis of comparison. This will include sub -dividing the drainage oreoa, additional routing neauheo, and revised SV/SU relationships. A time/stage hydrograph will be generated for boundary conditions in the CPR models for the additional area. 82 Revise the Tc&R parameters to reflect the proposed development for the 10- and 1 - percent exceedance 'peroeniexmaedance probability event in the additional study area. Establish undetained runoff hydrographs 10 be routed through the detention facWties n ICPR, B.3 Revise post project HEC -HMS model previously developed for HCFCD review and approval showing no adverse impacts. The post -project HEC -HMS model will import runoff hydrugraphs from ICPR as a source nodes for the for the 10- and 1 -percent excaedonoeprobability event. C Hydraulics 0.1 Revise existing conditions hydraulics to create a modeto be used as a basis of comparison for proposed conditions. C.2 Create an internal hydraulics model to route proposed flows through the detention facilities. For this process, an ICPR model will be created to route the developed hydrographs through the interconnected basins for the 10- and 1 -percent exceedance probability event and show mitigation values. Generate detained flow hydrograph for post project HMS. TxDOT ditch wiH be na1yzed for no adverse impacts. C3 Update the Clear Creek HEC -RAS model toreflect post project HEC -HMS flow values C4 Determine the volume of compensatory excavation to offset fill piaced in the floodplain for the project area. D Report D.1 Revise the Drainage Impact Analysis report to include discussion and findings for the additional service area west of Kirby. E Coordination E1 Meet and coordinate with Cit of Pearland for review of the findings for the additional service area, zmvArenRcSouwcsS\Ponvsals'Eu wPemownd\o-03n wmrby.dmc Ms. Andrea Broughton, PE August 23, 2012 Page 3 of 3 F Project Management F1 Submit month!y progressreports to the City including updated schedule. The monthly reports will be broken down by task and will show percent complete for each task as well as budget spent. The reports wffl be submtted wih monthly invoice. This Scope of Services does not include: • Submittals tuFEMA for LDWRorCLOW1Rofrecommended alternative. • Detailed Storm Sower 8na[ysis of areas adjacent to the channeis. • Additional effort for Environmental Permitting. • Addilional geotechnical effort. • Field Survey. • SUE field work or record research for exsting utilities. Project Cost The proposed cost of the Drainage Impact Analysis is $22,515.00 and will be lump sum not to exceed and invoiced monthly. Deliverables The additional analysis will be included in the Impact Analysis and no separate report is part cf this scope. Three (3) copies of the final Impact Analysis will be submitted. Schedule The proposed schedule for completion is approximately one (1) month, upon receipt of authorization to proceed We appreciate the opportunity to submit this proposal, and look forvva-d to working with you on this project. If you have any questions, please call me at 713.953.5076. Best regards, David H. ZZihlke, PE, CFM Division tvlanager of Water Resources zyvATsnRESOURCES \Propnsals\Citvapearland\1ao33*Kirby,m* Page 1 of 1 Professional Services contract Amendment Janice Hayes to: Trisha Erndt 09/11/2012 09:00 AM Show Details Trish, Please see the Contract Amendment approved by Claire for PO#120755. If you have questions, please let me know. Thank you Janice Xayes City of Pearland Engineering Dept Phone: 281 652-1637 Fax: 281 652-1702 "A smile given to another can make a difference in their day and yours too". Anonymous file:///C:/Users/terndt/AppData/Local/"femp/notesA704AF/—web 1.124.htm 9/11/2012 PEARLAND MUNICIPAL MANAGEMENT DISTRICT NUMBER 1 c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 February 6, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Resolution R2014-25 Exhibit "0" Re: Financing for 27.7% share of Master Drainage Plan To Whom it may concern: Pearland Municipal Management District No. 1(the "District") and THE CITY OF PEARLAND, TEXAS (the "CITY") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Master Drainage Plan (the "Plan) in accordance with the Agreement, which includes a 27.7% share attributable to the District for its share of the Plan. The City will make all payments due to LJA Engineering & Surveying for work related to the Plan and as outlined in the attached Purchase Order, attached hereto as Exhibit "A" for the Plan, and the District agrees to reimburse the City pursuant to the terms of the Agreement for its 27.7% share of the Plan. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the VI day of"flo,ui417 , 2014 Very truly yours, PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1 By: Pr ident, Board of Dire tors AGREED TO AND ACCEPTED this 1 0 day of Ma rch , 2014 472069 City of P By: Ci s'anage Clay J. Pearson PEARLAND MUNICIPAL MANAGEMENT DISTRICT NUMBER 1 c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 February 6, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for 27.7% share of Master Drainage Plan To Whom it may concern: Pearland Municipal Management District No. 1(the "District") and THE CITY OF PEARLAND, TEXAS (the "CITY") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Master Drainage Plan (the "Plan) in accordance with the Agreement, which includes a 27.7% share attributable to the District for its share of the Plan. The City will make all payments due to LJA Engineering & Surveying for work related to the Plan and as outlined in the attached Purchase Order, attached hereto as Exhibit "A" for the Plan, and the District agrees to reimburse the City pursuant to the terms of the Agreement for its 27.7% share of the Plan. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 10- day of(U4YA6 , 2014 Very truly yours, PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1 By:/1 Presi La-a-4_, Board of Dire t. s AGREED TO AND ACCEPTED this day of , 20_. 472069 City of Pearland, Texas By: City Manager fPEARLAYD1 T Ex A s:, sT. 007 Exhibit A City of Pearland, Texas PURCHASE ORDER. P.O. No.: 12 0 755 Purchasing Department • 3519 Liberty Drive • Pearland, Texas 77581-5416 DATE: 11 /15/11 Tel: 281-652-1668 • Fax: 281-652-1738 Federal ID/'lax Exempt #74-6028909 CHANGE # : 2 DATE CHG: 09/11/12 PAGE' 1 LJA ENGINEERING & SURVEYING IN TO: 11821 EAST FREEWAY STE 400 HOUSTON, TX 77029 CITY OF PEARLAND sHIPTO:ENGINEERING DEPT COMMUNITY SERVICES BLDG 3523 LIBERTY DRIVE PEARLAND, TX 77581 VENDOR NO. IMPORTANT: MAIL ORIGINAL INVOICE TO THE CITY OF PEARLAND, FINANCE DEPARTMENT, P.O. BOX 2719, PEARLAND, TEXAS 77588-2719. INCLUDE ON INVOICE PURCHASE ORDER NUMBER SHOWN IN UPPER RIGHT CORNER OF THIS DOCUMENT. 2 7 3 1 DELIVERED BY SHIP VIA F.O.B, TERMS 09/30/12 BEST METHOD DESTINATION NET CONFIRM BY CONFIRM TO REQUISITIONED BY HELEN J STEVISC)N TRISH ERNDT FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ, NO. REQ. DATE .EE BELOW LINE$ NO. QUANTITY VOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST ********************************* * * * CHANGE ORDER * * * *********************************** 104895.00 DL SPECTRUM REGIONAL DETENTION POND -DRAINAGE IMPACT ANALYSIS RESOLUTION #R2011-125 .00 9/11/12-AMEND#1-ADDL.STUDY-W.OF KIRBY DETENTION 22515.00 EA 9/11/12 -AMEND #1 - ADDL. STUDY -W. OF KIRBY DETEN 1.0000 104895.00 .0000 1.0000 SUB -TOTAL .00 22515.00 127410.00 TOTAL 127410.00 QUANTITY, PRICE, CONDITIONS, ITEM DESCRIPTIONS CANNOT BE CHANGED WITHOUT THE APPROVAL OF THE UNDERSIGNED SEE REVERSE FOR STANDARD PURCHASE TERMS AND CONDITIONSTI�/ AU'THt1TED`AGENT FOR CITY OF PEARLAND VENDOR AUTHORIZED SIGNATURE IF AMT. OVER $5,000 PEARLAND is9 TO: City of Pearland, Texas PURCHASE ORDER Purchasing Department • 3519 Liberty Drive • Pearland, Texas 77581-5416 Tel: 281-652-1668 • Fax: 281-652-1738 Federal ID/Tax Exempt #74-6028909 CHANGE #: 2 DATE CHG: 09/11/12 2 PAGE: P.O. NO.: 120755 DATE: 11/15/11 LJA ENGINEERING & SURVEYING IN 11821 EAST FREEWAY STE 400 HOUSTON, TX 77029 CITY OF PEARLAND sHIPTO:ENGINEERING DEPT COMMUNITY SERVICES BLDG 3523 LIBERTY DRIVE PEARLAND, TX 77581 VENDOR NO. IMPORTANT: MAIL ORIGINAL INVOICE TO THE CITY OF PEARLAND, FINANCE DEPARTMENT, P.O. BOX 2719, PEARLAND, TEXAS 77588-2719. INCLUDE ON INVOICE PURCHASE ORDER NUMBER SHOWN IN UPPER RIGHT CORNER OF THIS DOCUMENT. 2 '73 1 DELIVERED BY SHIP VIA F.O.B. TERMS 09/30/12 CONFIRM BY CONFIRM TO REQUISITIONED BY FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE LINE 1 QUANTITY t UOM NO. I ITEM NO. AND DESCRIPTION , UNIT COST EXTENDED I i COST *********************************** * * CHANGE ORDER *********************************** ******************************************************************** * ACCOUNTING INFORMATION ONLY — DO NOT SEND THIS PAGE TO THE VENDOR* ******************************************************************** REQ/ACCT DATE REQ. BY PROJECT AMOUNT 1200000418 11/02/11 20000005650101 1200000418 11/02/11 20000005650101 JHAYES JHAYES DR2001 104895.00 DR1301 22515.00 QUANTITY, PRICE, CONDITIONS, ITEM DESCRIPTIONS CANNOT BE CHANGED WITHOUT THE APPROVAL OF THE UNDERSIGNED SEE REVERSE FOR STANDARD PURCHASE TERMS AND CONDITIONS AUTHORIZED AGENT FOR CITY OF PEARLAND VENDOR AUTHORIZED SIGNATURE IF AMT. OVER $5,000 TO: 1 City of Pearland, Texas PAGE: PURCHASE ORDER P.O. NO.: 12 0 7 55 Purchasing Department • 3519 Liberty Drive • Pearland, Texas 77581-5416 DATE: 11/ 15/ 11 Tel: 281-652-1668 • Fax: 281-652-1738 Federal ID/Tax Exempt #74-6028909 CHANGE # : 1 DATE CHG: 09/11/12 LJA ENGINEERING & SURVEYING IN 11821 EAST FREEWAY STE 400 HOUSTON, TX 77029 CITY OF PEARLAND sHIP TO: ENGINEERING DEPT COMMUNITY SERVICES BLDG 3523 LIBERTY DRIVE PEARLAND , TX 775 81 VENDOR Na IMPORTANT: MAIL ORIGINAL INVOICE TO THE CITY OF PEARLAND, FINANCE DEPARTMENT, P.O. BOX 2719, PEARLAND, TEXAS 77588-2719. INCLUDE ON INVOICE PURCHASE ORDER NUMBER SHOWN IN UPPER RIGHT CORNER OF THIS DOCUMENT. 2 7 3 1 DELIVERED BY SHIP VIA F.O.B. TERMS 09/30/12 BEST METHOD DESTINATION NET CONFIRM BY CONFIRM TO REQU1SITiONED BY HELEN J STEVISON TRISH ERNDT JHAYES FREIGHT CONTRACT NO, ACCOUNT Na PROJECT REQ. NO. REQ. DATE 200-0000-565.01-01 aR2001 1200000418 11/02/1_ LINE NO. QUANTITY UOM ! ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST * * * ************************ CHANGE ORDER ******* * * *********************************** 1 104895.00 DL SPECTRUM REGIONAL DETENTION POND -DRAINAGE IMPACT ANALYSIS RESOLUTION #R2011-125 2 22515.00 EA 9/11/12-AMEND#1-ADDL.STUDY-W.OF KIRBY DETENTION 1.0000 104895.00 1.0000 22515.0 SUB - TOTAL TOTAL 127410.00 127410.00 QUANTITY, PRICE, CONDITIONS, ITEM DESCRIPTIONS CANNOT BE CHANGED WITHOUT THE APPROVAL OF THE UNDERSIGNED SEE REVERSE FOR STANDARD PURCHASE TERMS AND CONDITIONS AUTHZ1R+LED AGENT FOR CITY OF PEARLAND VENDOR AUTHORIZED SIGNATURE IF AMT. OVER $5,000 of o .3t raf atissiace; itt2t2 C: snsul nti ' A Fin 'ct :riu 1. A 2. Study, iid ie-ni Tricornpas s e laii , iri : Study Arca wes 5 Kirby Dcc.tittts revious Amendmeut(s : Contract prier to this Arnen€ Net increase (decrease) from Revised Contract: naneeA prov .e t tni ACC P By... nt: AP ti 5 • PEA Drive, Suite 3Q+) tnd, Tou "5 i d.t';o rotect* int Amendment No: l _ CoP Pr ect Na—D 4041- L D121 PO#: 120755 imp eha, s) itas:hur ri in this Ci n rnct Vit. end;ment for UT . p r d a +G act armendmrnt. Days Das Time Days Days Days Days Days Date. s rxk s3 su dvssc UN zi th Artgrkil TIZIti r ec..v f, ere paymew ti> t i.r: *...tter shart Ire wade fist work intruded in the Arrrcr:z:nt- f4.:°nt. t %Xttliitii. 1:pa4 tsaati n by til pinks, ibt r.btvga1 idrattiitd for 'Iv. f r t triewiirrt 7 t A. LIA 2929 ERafpark Dfive suitemn Houstcn Texas 77042-3703 August 23, 2012 lone 7uo53,52g2 Fax 7'13 953.5026 ,oramdiaeqineerin3 atm Ms, Andrea Broughton, PE City Engineer City of Pearland 3519 Liberty Drive Peadand.Texas 775@1 Re: Additional Study Area VVeo of Kirby for Regional Detention Study LJA Proposal No. 12-0334 Dear Ms. Broughton: We are pleased to submit this proposal for additional study area west of Kirby to be included in the ongoing effort for the impact analysis report for the City of Pearland to develop detention scenarios for the regional detention basin to be located in the southwest quadrant of Beltway 8 and SH 288 adjacent to Clear Creek.LJA Engineering,Inc.LJA) has currently developed ' regionat detention options for the area between Kirby and SH 288. During opresentation o[the findings to the City staff, it was suggested to add a section of the area west of Kirby. The area to be nctuded in this additional scope is shown below at (he red hatched area. During the original phase of the project, three (3) options were analyzed depending on which properties futly participated. For this additional work, only Option 1 which is all development participates in regionat detention will be analyzed. Our understanding of the scope is described below: Z! \WATs ofp���12-0334wxirby.dn Ms. Andrea Broughton, FE August 23,2O12 Page 2 of 3 Scope ot Services A Data Collection None at this time B Hydrology B. Revise existing conditions hydrology to create a model to be used as basis of comparison. This will include sub -dividing the drainage arees, additional routing reaohea, and revised SV/SQ relationships. A time/stage hydrograph will be generated for boundary conditions in the CPR models for the additional area 3.2 Revise the Tc&R parameters to reflect the proposed development for the 10- and 1- pe7cantexoeodanne probability event in the additional study area. Establish undebained runoff hydrographs to be routed through the detention faciities in CPR. 3.3 Revise post project HEC -HMS model previously developed for HCFCD review and approval showing no adverse impacts, The post -project HEC -HMS model will import runoff hydrographs from ICPR as a source nodes for the for the 10- and 1 -percent exonedmnceprobability event. C Hydraulics C.1 Revise existing conditions hydraulics to create a model to be used as a basis of comparison for proposed conditions. C.2 Create an internal hydraulics model to route proposed flows through the detention facilities. For this process, an CPR model will be created to route the developed hydrographs through the interconnected basins for the 10- and 1 -percent exceedance probability event and show mitigaton values. Generate detained flow hydrograph for post project HMS. TxDOT ditch wii be analyzed for no adverse impacts. C 3 Update the Clear Creek HEC -RAS model to reflect post project HEC -HMS flow values C4 Determine the volume of compensatory excavation to offset fill placed in the floodplain for the project area. D Report D,1 Revise the Drainage Impact Analysis report to include discussion and findings for the additional service area west ot Kirby. E Coordination Ei Meet and coordinate with Cit of Peadand for review of the findings for tha additional service area. zowArennssou*csS\Ponvs$o',Cx mpeonumd 12-033wmrb'.do Ms. Andrea Broughton, PE August 23, 2012 Page 3 of 3 F Project Management F.1 Submit monthly progress reports to the City including updated schedule. The monthly reports will be broken down by task and will show percent complete for each task as well as budget spent. The reports wili be submtted with rnonth}y invoice. This Scope of Services does not include: • Submttals to FEMA far LOMR or CLOMR of recommended alternative, • Detailed Storm Sewer analysis u(areas adjacent to the channels • Additional effort for Environmental Permitting. • Additional geotechnical effort. • Field Survey. • SUE fieid work or record research for exisbng uthties. Project Cost The proposed cost of the Drainage Impact Analysis is $22.515.00 and will be lump sum not to exceed and invoiced rnonthly. Deliverables The additional analysis will be included in the Impact Analysis and no separate report is pun cf this scope. Three (3) copies of the final Impact Analysis will be submitted, Schedule The proposed schedule for completion is approximately one (1) nlonth, upon receipt of authorization to proceed We appreciate the opportunity to submit this proposa, and look forwa,d to working with you on this project. If you have any questions, please call me at 713.953.5076. Best regards, \ \ David H. Z Nke.PE. CFM Division Manager of Water Resources DHZilb zAWms ofpeaaand\1u-0334 Kirbyxloc Page 1 of 1 Professional Services contract Amendment Janice Hayes to: Trisha Erndt 09/11/2012 09:00 AM Show Details Trish, Please see the Contract Amendment approved by Claire for PO#120755. If you have questions, please let me know. Thank you Janice Xayes City of Pearland Engineering Dept Phone: 281 652-1637 Fax: 281 652-1 702 "A smile given to anothe an make a difference in their day and yours too". Anonymous fi le:///C:/Users/terndt!AppData/Local/Temp/notesA704AF/-web1124 .htm 9/11 /2012 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/ o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 March 25, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Resolution R2014-25 Exhibit "E" Re: Financing for 72.3% share Preliminary Engineering/Phase I Design To Whom it may concern: LOWER KIRBY PEARLAND MANAGEMENT DISTRICT (the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Preliminary Engineering Report and Phase I design for the Regional Drainage Plan (the "Project") in accordance with the Agreement. The City will make all payments related to the Project in the amount of $186,031.00 and as outlined in the proposal from LJA Engineering, Inc., which is attached hereto as Exhibit "A", and the District agrees to reimburse the City pursuant to the terms of the Agreement for the District's 72.3% share of the Project. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 25th day of March, 2014 Very truly yours, LOWER KIRBY PE ANAGEMENT DISTRICT By: / Pre . dent, B:: r • o i irectors AGREED TO AND ACCEPTED this 25th day of March, 2014. 476410 By: Ci anager Clay J. P arson Resolution R2014-25 Exhibit "F" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the CITY OF PEARLAND ("OWNER") and LJA ENGINEERING, INC. ("CONSULTANT"). The OWNER engages the CONSULTANT to perform professional services for a project known and described as LOWER KIRBY URBAN CENTER REGIONAL DETENTION ("PROJECT"). (Project # DR1301) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to OWNER'S 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 engineering services in connection with the development of a Preliminary Engineering Report for the ultimate build -out of the Lower Kirby Regional Detention facility located at the southwest corner of SH 288 and Beltway 8, just north of Clear Creek. 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 OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of OWNER'S 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 OWNER. The CONSULTANT agrees that it will not, directly or indirectly; encourage OWNER'S 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 OWNER'S 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 OWNER 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 Design 1 of6 D1. Revised 1/14 OWNER upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of 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 OWNER 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 OWNER 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 OWNER and only after the OWNER has been provided with written notice of such Change in Coverage, such notice to be sent to the OWNER either by hand delivery to the OWNER Manager or by certified mail, return receipt requested, and received by the OWNER no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish OWNER with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the OWNER, 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 Design 2 of 6 D1. Revised 1/14 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 OWNER. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end February 2015. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The OWNER shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $137,220.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): $45,811.00 3. Bid Phase Services (Hourly Not to Exceed) $ .00 4. Construction Phase Services (Hourly Not to Exceed) $ .00 5. Total: $183,031.00 C. The OWNER 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 OWNER'S RESPONSIBILITIES A. The OWNER 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 OWNER on any aspect of the work shall be directed to the project manager. B. The OWNER shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize Design 3 of 6 D1. Revised 1/14 delay in the progress of the CONSULTANT'S work. The OWNER will keep the CONSULTANT advised concerning the progress of the OWNER'S review of the work. The CONSULTANT agrees that the OWNER'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 OWNER. SECTION V - TERMINATION A. The OWNER, 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 2929 Briarpark Drive, Suite 600, Houston, Texas 77042. 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 OWNER 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 OWNER 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 OWNER shall make final payment within sixty (60) days after the CONSULTANT has delivered to the OWNER a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the OWNER shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. Design 4 of6 DI. Revised 1/14 F. If the OWNER terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the OWNER 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 OWNER 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 OWNER 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 OWNER 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 of6 DI. Revised 1/14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. OW,R Clay Pear on loyti City Manager C •V o 1Pearland CO March 10, 2014 DATE ig-) 9 / 1 4 DATE Design 6 of 6 DI. Revised 1/14 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 March 25, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Resolution R2014-25 Exhibit "G" Re: Financing for 72.3% share Preliminary Engineering/Phase I Design To Whom it may concern: LOWER KIRBY PEARLAND MANAGEMENT DISTRICT (the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Preliminary Engineering Report and Phase I design for the Regional Drainage Plan (the "Project") in accordance with the Agreement. The City will make all payments related to the Project in the amount of $186,031.00 and as outlined in the proposal from LJA Engineering, Inc., which is attached hereto as Exhibit "A", and the District agrees to reimburse the City pursuant to the terms of the Agreement for the District's 72.3% share of the Project. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 25th day of March, 2014 Very truly yours, LOWER KIRBY PEARLAND MANAGEMENT DISTRICT B�' y• , Ce President, oard of Directors AGREED TO AND ACCEPTED this 25th day of March, 2014. 476410 City of Pe By: City ' anager Clay Pea -on fa EXHIBIT A LJA Engineering, Inc. 2979onarpo Drive ?hole 713e35200 Suite 800 Fax `measne March 24, 2014 Ms. Jenriifer Lee Project Manager City of Pearland 3519 Liberty Pearland. Texas 77581 Lower Kirby PoarbandMunicipal Management District c/o Ms. Lynne Humphries AUen Boone Humphries Robinson LLP Phoenix Tower 3200 Southwest Freeway Suite 2600 Houston, Texas 77027 Pearland Municipal ManagementDistrict No. 1 cia Ms. Lynne Humphries Alien Boone Humphries Robnson LLP Phoenix Tower 3200 Southwest Freeway Suite 2600 Houston, Texas 77027 Resolution No, R2O14'25 Exhibit "G" Re: Lower Kirby RegionaDetention Preliminary Engineering Report and Phase 1 Design LJAProposal No. 13'O7707 Dear MsLee/Ms. Humphries: We are pleased to submit this proposal to City of Pearland on behalf of the Lower Kirby d Po�andKXuOicipa|K8�nGg�nmgntDistrict and the e8dandW1uD|cjpolW1onagemen\DkshictNo. �^ todevelop aPreliminary Engineering Report (pEF0for�hau|8m�UabuikjuuiofNheLowerK�bv Regiona|Oeben§unFacility located et thesouthvvm' justnorth zd^'' of Clear Creek. The Lower �{irbyPear|and Municipal Management District and the Pear --- - Municipal Management District No. 1on February 6, 2014 approved a Master Drainage Plan for Phase 1 of the Lower Kirby Regional Detention Facility. Based on dIscussons from the project meeting Sep1ennber 11, 2013, LJAwil| prepare a scope to develop an analysis of the existing TxDOT ditch, a PER document to assist the Qty and Districts for future development, and Phase 1 construction p|anm. Field survey of the existing TxDOT ditch is included as weil as environmental review ofthe project to obtain a jurisdictional determination of any wetlands in the area and guidance for permitting. Below the items are discussed in detail. Scope of Services Preliminary Design Phases Services Data Collection 1. Attend Design Kick-off meeting with City and Districts to review the Distrct's objectives a. Refine, define, and agree on pject scope and !imits 2. Review adjacent projects, current and future, to identify any interplay or impact to or from subject pject a. klentify ariy requirements stemming from this relationship if it exsts 3. Identify existing data sources and resources currentty held by the City and Districts and make arrangements 10 obtain this information 4. Identify any gaps in this data and make arrangements to supplement through other sources, specifically: a. Surveys b. Environmental 5. Prepare and submit preliminary Engineering Reports consisting of the following: a. TxDOT Existing Ditch Capacity Analysis i Develop hydrology for current existing drainage flows to the TxDOT ditch tor the 1 -percent exceedance probability event, ii. Field survey wit be obtairied and used to deveop a hydraulic rnodel of the existing TxDOT ditch. The model will use the existing oVlle structure without any proposed connections 10 the future detention basin. Using the developed hydraulic model for the 1 -percent exceedance probability event, a capacity of the current existing configuration of the ditch wiU be determined. Based on avaiIabe conveyance capacity and mtonage, a developable land area value will be created. This land area value can provide the City guidanco on an interim basis for dev&opment in the project area. iv. A Technical Memorandum will be developed summarizing the findings and presented to the City for review and approval. b. Preliminary Erigineering Report (PER) i. Using the recommendations from the Juty 2013 LJA drainage tmpact report for Lower Kirby area, a PER for ultimate build out will be developed. This document witi provide maximum right-of-way needs for the improved TxDOT ditch and maximum expansion of the existing borrow pit for a regional detention basin. ii. Hydrologic and hydraulic models will be developed in a phased manner to allow the Districts to determine when a new phase of construction wiU be appropriate. iii. Exhibits will be included in the PER for future acquisition of land required tor the TxOOT ditch expansion. No metes and bounds description will be included in this etfort. \v. A report will summarize the phased modeling outcomes and ultimate !and requirements for the project. A phasing plan will show the suggested stages of channel/detention development and property exhibits wilt show the required land from each adjacent property owner. A preliminary construction cost estimate wiU be inctuded. Coordination 1. Coordinate with the Districts and City of Peadand. TxOOT, surveying, and environmental consultant throughout the pjeot. tncluded is a maximum of 6 meetings. Coordination with TxDOT will include time at the beginning of the project to obtain plans and information On the TxDOT channel as well as presenting the proposed scenario and obtaining their approval for improvernenls to the ditch. Project Management 1. Submit monthly progress reports to the City including updated schedule. The monthly reports will be broken down by task and will show percent complete for each task as well as budget spent. The reports witi be subrnitted with monthly iavoice. 2. Attend monthly progress meetings and prepare agendas, meeting minutes. etc. as required. Desigr, Phase Services Phase 1 Construction Plans 1LJA wil create plan and profite sheets on 22" x 34" sheet size at a horizontalscale of1^= 20' and a vertical scale of 1" =2' for the channel portion of the project. Existing utilities, existing property ownership, proposed channel flowne, proposed drainage structures, and erosion control structures will be shown on the plan and profile sheets. Cross-sections will be cut at 200 -toot intervais for the project. Storm Water Pouticn Prevention Pan sheets (1" = 100`\ will be prepared for the channel improvement project including dehai|s. Other channel sheets will include drainage area map, miscellaneous detail sheets, typical sections, survey control and standard detalis. Any wettarid areas wiU be shown an the pians based an SPS inforrnation provided by the environmenta consultant. 2. At this time, Phase 1 plans will include the cleaning out of the existing TxDOT ditch to provide additional capacity and repairing side slopes along the east side as nmcassary, replacing and/or upaizing Fruge culvert onomsing, the inflow connection between TxDOT ditch and the detention basin, the outfall from the detention basin to TxDOT ditch, and minor grading around detention basin. At this time the west side ot the ditch is in good condition and should aol require side siope repair effort. 3. 30%, 60% and 90% submittals will be made to the City for review and comment, 4. LJA will attend and present final Phase 1 design of the project at the Technical Review Committee meeting to City staff. 5, Fully develop engineer's construction cost estimate for each item of work including plan G. Prepare bid sheet ideeach item and its ptanned quantity and include supplemental work items. Additional Services Field Surveying 1. A detailed topographic survey wiUbeconductedby taking cross sections evory 200 feet from 100 feet outside of the existing TxDOT easement both sides north of the Kirby ditch and vathe TxDOT ditch south of Kirby ditch depending on the proposed ultimate width. Survey will go 50 teot outside of the ultimate width to cover possible revisions. AU cross sections are to be surveyed perpendicular to the R.O.W. All abrupt changes in elevations are to be surveyed. At all road crossingm, the profile of the road centerline is to be surveyed. The roadway profiles at all crossings are to be surveyed as if the surveyor is looking downstream. AU vertical control will be based on NAV[) 1988 datum with 2001 adjustment. 2. LJA will contact property owners and obtain right of entry tor surveying as well as environmental field work. 3. AH adjoifor the TxDOT ditch wUl be researched and property corners Iocated in the field. An overall property map and proposed acquisitions will be devetoped for the City along the TxDOT ditch. No individuol acquisition parcels or metes and bounds descriptions wU be competed for this scope Environmental 1� 2. 3. 4. Field environmental work will review the existing TxO[)Tditch alignment hoindudeuNmaba widths including outfall, review north bank of Clear Creek, and the proposed detention expansion area. The detenton area is a review of previous work due to the time limit ot any jurisdictional determination for wetlands would have expired. Threatened and endangered species wffl be reviewed for tbe study aroa Cultural resources wiU be investigated tor the proect site. A pre -submittal meeting with USAGE regulatory personnel will be scheduled to discuss the best Nation Wide Permit to submit for Phase 1 Reimbursables Reimbursable expenses for the project project wUl cover such tems as mileage (current IRS V3kug`. photo coies, plan reproduction, reproduction CD archive, and report bindings. This Scope of Services does not inctude: • Submittals to FEMA for LOMR or CLOMR of recommended alternative. • Additional geotechnicaleffort • SUE field work or record research for existing utilities. Project Cost The proposed cost of the project is $186,O31.00' Environmental, Coordination and Project Management services will be completed on aTlrna and yWa1eha|. Not to Exceed basis, The remaining tasks will be completed on a Lump Sum basis and invoiced monthly. Schedule For the TxDOT Capacity Analysis, the summation memorandum will be compteted within 60 days of notice to proceed. The PER wilt be compteted 60 days after the capacity arialysis. We appreciate the opportunity to subrnit this proposal, and look forward to working with you on this pjeot. If you have any questions, please cafl me at 718.953.5076. Best regards David H. Division Manager of Water Resorcee PEARLAND MUNICIPAL MANAGEMENT DISTRICT NUMBER 1 c/ o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 May 9, 2014 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Resolution R2014-25 Exhibit "G" Re: Financing for 27.7% share Preliminary Engineering/Phase I Design To Whom it may concern: PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1(the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014 to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the Preliminary Engineering Report and Phase I design for the Regional Drainage Plan (the "Project") in accordance with the Agreement. The City will make all payments related to the Project in the amount of $183,031.00 and as outlined in the proposal from LJA Engineering, Inc., which is attached hereto as Exhibit "A", and the District agrees to reimburse the City pursuant to the terms of the Agreement for the District's 27.7% share of the Project. This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 9th day of May, 2014. Very truly yours, PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1 By:117d-i,,L., Pre dent, Board of Dir tors AGREED TO AND ACCEPTED this tray of June , 201 4 476414 EXHIBIT A LJA Engineering, Inc. 2929 Briarpark Drive Phone 71:4 953 5200 Suite 600 Fax 713 953 5026 Hcuston, Texas 770423703 www f aengireering cam March 24, 2014 Ms. Jennifer Lee Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Lower Kirby Pearland Municipal Management District c/o Ms. Lynne Humphries Allen Boone Humphries Robinson LLP Phoenix Tower 3200 Southwest Freeway Suite 2600 Houston, Texas 77027 Pearland Municipal Management District No. 1 c/o Ms. Lynne Humphries Allen Boone Humphries Robinson LLP Phoenix Tower 3200 Southwest Freeway Suite 2600 Houston, Texas 77027 Resolution No. R2014-25 Exhibit "G" Re: Lower Kirby Regional Detention Preliminary Engineering Report and Phase 1 Design LJA Proposal No. 13-07767 Dear Ms. Lee/Ms. Humphries: We are pleased to submit this proposal to City of Pearland on behalf of the Lower Kirby Pearland Municipal Management District and the Pearland Municipal Management District No. 1 to develop a Preliminary Engineering Report (PER) for the ultimate build out of the Lower Kirby Regional Detention Facility located at the southwest corner of SH 288 and Beltway 8 just north of Clear Creek. The Lower Kirby Pearland Municipal Management District and the Pearland Municipal Management District No. 1 on February 6, 2014 approved a Master Drainage Plan for Phase 1 of the Lower Kirby Regional Detention Facility. Based on discussions from the project meeting September 11, 2013, LJA will prepare a scope to develop an analysis of the existing TxDOT ditch, a PER document to assist the City and Districts for future development, and Phase 1 construction plans. Field survey of the existing TxDOT ditch is included as well as environmental review of the project to obtain a jurisdictional determination of any wetlands in the area and guidance for permitting. Below the items are discussed in detail. Scope of Services Preliminary Design Phases Services Data Collection 1. Attend Design Kick-off meeting with City and Districts to review the District's objectives a. Refine, define, and agree on project scope and limits 2. Review adjacent projects, current and future, to identify any interplay or impact to or from subject project a. Identify any requirements stemming from this reationship if it exists 3. Identify existing data sources and resources currently held by the City and Districts and make arrangements to obtain this information 4. Identify any gaps in this data and make arrangements to supplement through other sources, specifically: a. Surveys b. Environmental 5. Prepare and submit preliminary Engineering Reports consisting of the following: a. TxDOT Existing Ditch Capacity Analysis i. Develop hydrology for current existing drainage flows to the TxDOT ditch for the 1 -percent exceedance probability event. ii. Field survey will be obtained and used to develop a hydraulic model of the existing TxDOT ditch. The model will use the existing outfall structure without any proposed connections to the future detention basin. iii. Using the developed hydraulic model for the 1 -percent exceedance probability event, a capacity of the current existing configuration of the ditch will be determined. Based on available conveyance capacity and storage, a developable land area value will be created. This land area value can provide the City guidance on an interim basis for development in the project area. iv. A Technical Memorandum will be developed summarizing the findings and presented to the City for review and approval. b. Preliminary Engineering Report (PER) i. Using the recommendations from the July 2013 LJA drainage impact report for Lower Kirby area, a PER for ultimate build out will be developed. This document will provide maximum right-of-way needs for the improved TxDOT ditch and maximum expansion of the existing borrow pit for a regional detention basin. ii. Hydrologic and hydraulic models will be developed in a phased manner to allow the Districts to determine when a new phase of construction will be appropriate. iii. Exhibits will be included in the PER for future acquisition of land required for the TxDOT ditch expansion. No metes and bounds description will be included in this effort. iv. A report will summarize the phased modeling outcomes and ultimate land requirements for the project. A phasing plan will show the suggested stages of channel/detention development and property exhibits will show the required land from each adjacent property owner. A preliminary construction cost estimate will be included. Coordination 1. Coordinate with the Districts and City of Pearland, TxDOT, surveying, and environmental consultant throughout the project. Included is a maximum of 6 meetings. Coordination with TxDOT will include time at the beginning of the project to obtain plans and information on the TxDOT channel as well as presenting the proposed scenario and obtaining their approval for improvements to the ditch. Project Management 1. Submit monthly progress reports to the City including updated schedule. The monthly reports will be broken down by task and will show percent complete for each task as weli as budget spent. The reports will be submitted with monthly invoice. 2. Attend monthly progress meetings and prepare agendas, meeting minutes, etc. as required. Design Phase Services Phase 1 Construction Plans 1. LJA will create plan and profile sheets on 22" x 34" sheet size at a horizontal scale of 1" = 20' and a vertical scale of 1" = 2' for the channel portion of the project. Existing utilities, existing property ownership, proposed channel flowline, proposed drainage structures, and erosion control structures will be shown on the plan and profile sheets. Cross-sections will be cut at 200 -foot intervals for the project. Storm Water Pollution Prevention Plan sheets (1" = 100') will be prepared for the channel improvement project including details. Other channel sheets will include drainage area map, miscellaneous detail sheets, typical sections, survey control and standard details. Any wetland areas will be shown on the plans based on GPS information provided by the environmental consultant. 2. At this time, Phase 1 plans will include the cleaning out of the existing TxDOT ditch to provide additional capacity and repairing side slopes along the east side as necessary, replacing and/or upsizing Fruge culvert crossing, the inflow connection between TxDOT ditch and the detention basin, the outfall from the detention basin to TxDOT ditch, and minor grading around detention basin. At this time the west side of the ditch is in good condition and should not require side slope repair effort. 3, 30%, 60% and 90% submittals will be made to the City for review and comment. 4. LJA will attend and present final Phase 1 design of the project at the Technical Review Committee meeting to City staff. 5. Fully develop engineer's construction cost estimate for each item of work including plan quantities. 6. Prepare bid sheet identifying each item and its planned quantity and include supplemental work items. Additional Services Field Surveying 1. A detailed topographic survey will be conducted by taking cross sections every 200 feet from 100 feet outside of the existing TxDOT easement both sides north of the Kirby ditch and varying on the TxDOT ditch south of Kirby ditch depending on the proposed ultimate width. Survey will go 50 feet outside of the ultimate width to cover possible revisions. All cross sections are to be surveyed perpendicular to the R.O.W. All abrupt changes in elevations are to be surveyed. At all road crossings, the profile of the road centerline is to be surveyed. The roadway profiles at all crossings are to be surveyed as if the surveyor is looking downstream. All vertical control will be based on NAVD 1988 datum with 2001 adjustment. 2. LJA will contact property owners and obtain right of entry for surveying as well as environmental field work. 3. Ail adjoining properties for the TxDOT ditch will be researched and property corners located in the field. An overall property map and proposed acquisitions will be developed for the City along the TxDOT ditch. No individual acquisition parcels or metes and bounds descriptions will be competed for this scope Environmental 1. Field environmental work will review the existing TxDOT ditch alignment to include ultimate widths including outfall, review north bank of Clear Creek, and the proposed detention expansion area. The detention area is a review of previous work due to the time limit of any jurisdictional determination for wetlands would have expired, 2. Threatened and endangered species will be reviewed for the study area 3. Cultural resources will be investigated for the project site. 4. A pre -submittal meeting with USACE regulatory personnel will be scheduled to discuss the best Nation Wide Permit to submit for Phase 1. Reimbursables Reimbursable expenses for the project will cover such items as mileage (current IRS value), photo copies, plan reproduction, CD archive, and report bindings. This Scope of Services does not include: • Submittals to FEMA for LOMR or CLOMR of recommended alternative. • Additional geotechnical effort • SUE field work or record research for existing utilities. Project Cost The proposed cost of the project is $186,031.00. Environmental, Coordination and Project Management services will be completed on a Time and Material, Not to Exceed basis. The remaining tasks will be completed on a Lump Sum basis and invoiced monthly. Schedule For the TxDOT Capacity Analysis, the summation memorandum will be completed within 60 days of notice to proceed. The PER will be completed 60 days after the capacity analysis. We appreciate the opportunity to submit this proposal, and look forward to working with you on this project. If you have any questions, please call me at 713.953.5076. Best regards, David H. Zuhlke, PE,,CFM Division Manager of Water Resources DHZ/pa