R-2015-147 2015-08-24RESOLUTION NO. R2015-147
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a
Reimbursement Agreement with the Pearland Economic Development
Corporation, Letter Financing Agreements with the Lower Kirby
Pearland Management District and Pearland Municipal Management
District No.1, and an Engineering Services Agreement in the amount of
$214,137.00 with LJA Engineering. Inc., associated with the preparation
of a preliminary engineering report for South Spectrum Boulevard.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement Agreement by and between the City of
Pearland and the Pearland Economic Development Corporation, a copy of which is
attached hereto as Exhibit "A' and made a part hereof for all purposes, are hereby
authorized and approved.
Section 2. That certain Letter Financing Agreements by and between the City of
Pearland and the Lower Kirby Pearland Management District and Pearland Municipal
District, copies of which are attached hereto as Exhibit '`B" and made a part hereof for all
purposes. are hereby authorized and approved.
Section 3. That certain Engineering Services Agreement, by and between the
City and LJA Engineering, Inc., a copy of which is attached hereto as Exhibit "C" and made
a part hereof for all purposes, is hereby authorized and approved.
Section 4. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest the Reimbursement Agreement. Letter Financing
Agreements, and Engineering Services Agreement attached hereto.
PASSED, APPROVED and ADOPTED this the 24thday of August. A.D., 2015.
Resolution No. R2015-147
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-147
Exhibit "A"
REIMBURSEMENT AGREEMENT
This Agreement is entered into this day of , 2015, by and between the CITY
OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC desire the preparation of a preliminary engineering report
on South Spectrum Boulevard (hereinafter "Report"); and
WHEREAS, the Report represents preliminary engineering for a future infrastructure
project located within the boundaries of the Lower Kirby Pearland Management District
("LKPMD") and Pearland Municipal Management District No.1 (PMMD1); and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, the PEDC desires to fund the Report; and
WHEREAS, the City can receive eligible reimbursements from the LKMMD and PMMD1
for the costs associated with Report; and
WHEREAS, the PEDC approved funding the Report for the City at its August 5, 2015,
Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Report and reimbursement of said costs.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. City shall be responsible for managing the preparation of the Report which shall
include the study area more accurately described in Exhibit "A" attached hereto.
2. The total cost of the Report is estimated to be $214,137, as itemized in Exhibit
"B" attached hereto. PEDC shall fund an amount equal to the actual cost of the
Report ("PEDC Participation Amount"), which shall be paid to City in installments
or a lump sum amount. The timing and amount of the payment shall be determined
at sole discretion of the City, but in no event shall the total payments exceed the
actual cost of the Report.
3. This Agreement shall be contingent upon City, LKPMD, and PMMD1 entering into
a Financing Agreement whereby City agrees to pre -finance the Report in return for
LKMMD's agreement to reimburse the City for the costs associated with the Report
("Reimbursable Fund Payment"). Within 90 days following City's receipt of the
Reimbursable Fund Payment from LKMMD that is attributable to the Report, City
shall make payment to PEDC, in an amount equal to the Reimbursable Fund
Payment, as reimbursement for the PEDC Participation Amount.
4. The initial term of this Agreement shall be for a period of eighteen (18) months,
commencing on the day of , 2015, and may be renewed as needed until
the Report is complete.
5. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
9. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City:
If to PEDC:
City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chairman
1200 Pearland Parkway, Suite 200
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corpor. ion
By:
Rushi Patel
Chair
CITY OF PE
a Texas
By:
Clay Pearson,City Manager
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LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
August 10, 2015
City Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland, TX 77581
RESOLUTION NO. R2015-147
Exhibit "B"
Re: Financing for Preliminary Engineering Report to serve South Spectrum
Boulevard
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 to serve
South Spectrum Boulevard (the "Project"), described in Exhibit "A" attached hereto, in accordance
with the Agreement. The City will pre -finance the District's share of the $214,137.00 payments
related to the Project and as outlined in the proposal from LJA Engineering, Inc., which is attached
hereto as Exhibit "B", and the District agrees to reimburse the City pursuant to the terms of the
Agreement.
This agreement was duly authorized at a meeting of the Board of Directors of the District
held on the 10th day of August, 2015.
Very truly yours,
LOWER KIRBY P
AGEMENT DISTRICT
By:
4Sst) i cc, reside ,:oard of Directors
AGREED TO AND ACCEPTED this a gth day of
552066
Li5u , 2015.
• aC:,� 1 /
By: Z / ✓
City anager
C1Pt1 PE rt, otsl
LJA Engineering, Inc.
EXHIBIT A - S SPECTRUM ROAD FEE BREAKDOWN
Basic Services for Design and Construction Administration
402 Preliminary Design
Surveying
202 Abstract of Parcels with Map/M&B/Bdry Verification
205 Topographic Survey
414 Geotechnical Study
Environmental Services
416 Wetland Delineation
419 Limited Phase 1 Site Assessment
420 USACE Nationwide Permit (If Required)
Drainage Study Report
Construction Drawings
Preliminary Construction Cost Estimate
Preliminary Engineering Report
Z99 Reimbursable Expenses (Estimated and Not to Exceed)
TOTAL
Breakdown Percentage
Notes:
1) Fees are pro -rated based on the utilities and paving within each District
W:\Land\2209\Lower Kirby Proposals & Maps\S Spectrum Const Cost Est 080415
8/4/2015
Total Fee
Lower Kirby
PMD
Pearland
MMD No. 1
$ 5,000
$ 2,789
$ 2,211
25,000
13,947
11,053
24,000
13,389
10,611
11,660
6,505
5,155
4,950
2,761
2,189
3,355
1,872
1,483
15,290
8,530
6,760
5,000
2,789
2,211
104,882
58,511
46,371
5,000
2,789
2,211
5,000
2,789
2,211
5,000
2,789
2,211
$ 214,137
$ 119,462
$ 94,676
56%
44%
Frugead.-_...,.
S. Spectrum Blvd. (PEDC)
• • +• * + Future S. Spectrum Blvd.
PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
August 4, 2015
City Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland, TX 77581
RESOLUTION NO. R2015-147
Exhibit "B"
Re: Financing for Preliminary Engineering Report to serve South Spectrum
Boulevard
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 to serve South Spectrum Boulevard (the "Project"), described in Exhibit "A" attached hereto,
in accordance with the Agreement. The City will pre -finance the District's share of the $214,137.00
payments related to the Project and as outlined in the proposal from LJA Engineering, Inc., which is
attached hereto as Exhibit "B", and the District agrees to reimburse the City pursuant to the terms of
the Agreement.
This agreement was duly authorized at a meeting of the Board of Directors of the District
held on the 4th day of August, 2015.
Very truly yours,
PEARLAND MUNICIPAL MANAGEMENT DISTRICT
NO. 1
By: ' /. •
Pres ent, Board of Dirt. s
AGREED TO AND ACCEPTED this /V day of A+ou5� , 2015.
City of P
By.
C • Mana
G e.y '"£-aItSoN
552074
LJA Engineering. Inc.
EXHIBIT A - S SPECTRUM ROAD FEE BREAKDOWN
Basic Services for Design and Construction Administration
402 Preliminary Design
Surveying
202 Abstract of Parcels with Map/M&B/Bdry Verification
205 Topographic Survey
414 Geotechnical Study
Environmental Services
416 Wetland Delineation
419 Limited Phase 1 Site Assessment
420 USACE Nationwide Permit (If Required)
Drainage Study Report
Construction Drawings
Preliminary Construction Cost Estimate
Preliminary Engineering Report
Z99 Reimbursable Expenses (Estimated and Not to Exceed)
TOTAL
Breakdown Percentage
Notes:
1) Fees are pro -rated based on the utilities and paving within each District
W \Land\2209\Lower Kirby Proposals & Maps\S Spectrum Const Cost Est 080415
8/4/2015
Total Fee
Lower Kirby
PMD
Pearland
MMD No. 1
$ 5,000
$ 2,789
$ 2,211
25,000
13,947
11,053
24,000
13,389
10,611
11,660
6,505
5,155
4,950
2,761
2,189
3,355
1,872
1,483
15,290
8,530
6,760
5,000
2,789
2,211
104,882
58,511
46,371
5,000
2,789
2,211
5,000
2,789
2,211
5,000
2,789
2,211
$ 214,137
$ 119,462
$ 94,676
56%
44%
ESpectrum Blvd. (pEQC)
- - ° ^ " Future S. Spectrum Blvd.
EXHIBIT B
LJA Engineering, Inc.
2929 Bnarpark Dnve Phone 713 953 5200
Suite 600 Fax 713 953 5026
Houston, Texas 7704i www Itaenginee ring corn
TBPE Na F 1386 TBPLS Na 10110501
114
July 21, 2015 PROPOSAL
Mr. Skipper Jones
Assistant Director of Capitol Projects
City of Pearland
3523 Liberty Drive
Pearland, Texas 77581
Re: Preliminary Engineering Report
South Spectrum Boulevard
From Kirby Drive to Existing South Spectrum Boulevard
Water, Sanitary Sewer, and Drainage Facilities and Paving
City of Pearland, Texas
LJA Proposal No. 15-00936
Dear Mr. Jones:
LJA Engineering, Inc. (WA) is pleased to submit this proposal for the following services for the
Preliminary Engineering Report to Serve South Spectrum Boulevard in accordance with the terms
and conditions set forth in the Contract for Professional Services.
SCOPE OF SERVICES
See Attached Exhibit A.
COMPENSATION
Phase Description
402 Preliminary Phase Services
Surveying
FEE
$ 5,000
202 Abstract of Parcels with Map/Metes and Bounds/Boundary Verification $ 25,000
205 Topographic Survey $ 24,000
414 Geotechnical Study $ 11,660
Environmental Services
416 Wetland Delineation $ 4,950
419 Limited Phase 1 Site Assessment $ 3,355
420 USACE Nationwide Permit (If Required) $ 15,290
403 Drainage Study Report $ 5,000
404 Construction Drawings ($5,549,300 x 6.3%* x 30%) $ 104,882
405 Preliminary Construction Cost Estimate $ 5,000
406 Preliminary Engineering Report $ 5,000
Z99 Reimbursable Expenses (Estimated and Not to Exceed) $ 5,000
TOTAL $ 214,137
*TSPE curve of compensation
This fee includes an estimated amount of $5,000.00 for the reimbursable expenses. This budget will
be used for the actual expenses incurred on the project including printing, mileage, etc. This
proposal does not include Platting, Landscaping, or Right-of-Way/Easement acquisition services.
O:\PROPOSAL\2015\Lower Kirby \PED\15-00936 S Spectrum Road Pay pro.doc
Mr. Skipper Jones
July 21, 2015
Page 2 of 2
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. If you should have any questions or require additional information, please do not hesitate to
contact me at 713.953.5096.
Sincerely, ACCEPTED FOR:
CITY OF PEARLAND
James D. Ross, PE By:
Vice President
Name:
JDR/ew
Title:
Date:
0:\PROPOSAL12015\Lower Kirby\PED\15-00936 S Spectrum Road Pav pro.doc
EXHIBIT A
TRANSPORTATION SCOPE OF SERVICES
FOR
South Spectrum Boulevard
Preliminary Engineering Report
Design 1 of 4 1)6 Revised 1 12
BASIC SERVICES: The Consultant shall render the following professional
engineering services to the OWNER in connection with the construction of the
Project.
Preliminary Phase Services
a. Attend regular meetings with City and external agencies including
County, State & Federal entities, as required, to identify, solicit, and
develop pertinent & critical information sources.
b. Gather City's existing information.
c Provide or Procure additional information as required from
i. Existing surveys, base plans, past and present studies
ii. Geotechnical Consultants
iii. Environmental Consultants
iv. Record drawing and/or As-Builts information from previously
constructed utilities
2. Prepare Preliminary Engineering Report (PER)
a Submit Draft report containing:
1. Executive Summary & Design Recommendation
ii. Review of Design Altematives
Proposed Construction methodology and method
iv. Alignment & Topographic Surveys in performed accordance
with City Standards
v. Draft Geotechnical report with bore location logs & pavement
design recommendations
vi. Draft environmental study consisting of:
1. Phase 1 site assessment
a) Include recommendation for additional studies
if required
2. Drainage Study Report
Design 2 of 4 D6 Revised 1.12
a) Include analysis of pre -developed and
developed conditions in conformance with City
standards
b) Include possible sub -drainage scenarios for
area
3. Preliminary Jurisdictional Wetlands Determination
and if required:
a) a Delineation
b) schedule USACE verification
c) Preliminary Mitigation plan
�p�
vii. Prepare 30% construction drawings incorporating
1. Metes & bounds and topographic surveys
2. Right of Way/Easement parcel map
a) individual exhibits to be provided in Final
Design phase
viii Drainage Area maps with:
1. Developed area flow calculations
2. A preliminary Drainage Design in accordance with the
City, BDD4, and/or HCFCD as applicable
requirements
ix. Preliminary Horizontal & Vertical Alignment in Plan & Profile
format
x. Preliminary parcel map, including:
1. Existing easements & right of way
2. Proposed easements & right of way
3. Parcel owner's information
4. Existing surface and below surface permanent
improvements within 25' of existing and/or proposed
ROW
Design 3 of 4 D6. Revised 1 12
xi. Develop a Utility Conflict List
1. Identify utility owners & notify utilities in writing
xii. Prepare an Engineer's Preliminary Estimate of construction
cost
xiii. Provide written responses to City review comments
1. Prepare written responses to City's review comments
2. Make revisions to report & resubmit for Final approval
when all comments are addressed
xiv. Attend monthly progress/update meetings
xv. Submit Final Report
Design 4 of4 D6. Revised 1/12
RESOLUTION NO. R2015-147
Exhibit "C"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and LJA Engineering, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Preliminary Engineering Report for South Spectrum Boulevard ("PROJECT").
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide services for the Preliminary Engineering
Report for South Spectrum Boulevard. See Exhibit A, attached, for a detailed
SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be
submitted in digital and hard copy form in the Microsoft Project for Windows
format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final work product and documents in both
hard copy and electronic format. Plans shall be AutoCAD compatible and all
other documents shall be Microsoft Office compatible. The software version used
shall be compatible to current CITY standards. Other support documents, for
example, structural calculations, drainage reports and geotechnical reports, shall
be submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
Design 1 of6 D1. Revised 1/14
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000.000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non -owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
Design 2of6 DI. Revised 1/14
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end September 30, 2016.
SECTION III - CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
B. The CITY 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) $209,137.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Lump Sum):
3. Bid Phase Services (Hourly Not to Exceed)
4. Construction Phase Services (Hourly Not to Exceed)
5. Reimbursable Expenses (Not to Exceed) $5,000.00
6. Total: $214.137.00
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall he submitted on a
monthly basis.
Design 3 of6 1)1. Revised 1/14
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANTS work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANTS work shall not relieve
CONSULTANTS responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 2929 Briarpark Dr, 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 CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15`h day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
Design 4of6 DI. Revised 1/14
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI — ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
Design 5 of 6 DI. Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
PEARLAND, TEXAS
141°2o/5 -
DATE
C SULTANT DATE
Design 6 of 6 DI. Revised 1/14
LJA Engineering, Inc.
2929 Bnarpark Dnve Phone 713 953 5200
Suite 600 Fax 713 953 5026
Houston Texas 77042 www Ilaengineenng com
TBPE Na F 13E6 TBPLS NQ 10110501
114
July 21, 2015 PROPOSAL
Mr. Skipper Jones
Assistant Director of Capitol Projects
City of Pearland
3523 Liberty Drive
Pearland, Texas 77581
Re: Preliminary Engineering Report
South Spectrum Boulevard
From Kirby Drive to Existing South Spectrum Boulevard
Water, Sanitary Sewer, and Drainage Facilities and Paving
City of Pearland, Texas
LJA Proposal No. 15-00936
Dear Mr. Jones:
LJA Engineering, Inc. (LJA) is pleased to submit this proposal for the following services for the
Preliminary Engineering Report to Serve South Spectrum Boulevard in accordance with the terms
and conditions set forth in the Contract for Professional Services.
SCOPE OF SERVICES
See Attached Exhibit A.
COMPENSATION
Phase
402
Description
Preliminary Phase Services
Surveying
FEE
$ 5,000
202 Abstract of Parcels with Map/Metes and Bounds/Boundary Verification $ 25,000
205 Topographic Survey $ 24,000
414 Geotechnical Study $ 11,660
Environmental Services
416 Wetland Delineation $ 4,950
419 Limited Phase 1 Site Assessment $ 3,355
420 USACE Nationwide Permit (If Required) $ 15,290
403 Drainage Study Report $ 5,000
404 Construction Drawings ($5,549,300 x 6.3%* x 30%) $ 104,882
405 Preliminary Construction Cost Estimate $ 5,000
406 Preliminary Engineering Report $ 5,000
Z99 Reimbursable Expenses (Estimated and Not to Exceed) $ 5,000
TOTAL $ 214,137
'TSPE curve of compensation
This fee includes an estimated amount of $5,000.00 for the reimbursable expenses. This budget will
be used for the actual expenses incurred on the project including printing, mileage, etc. This
proposal does not include Platting, Landscaping, or Right-of-Way/Easement acquisition services.
O:\PROPOSAL\2015\Lower Krby\PED 115-00936 S Spectrum Road Pav pro,doc
Mr. Skipper Jones
July 21, 2015
Page 2 of 2
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. If you should have any questions or require additional information, please do not hesitate to
contact me at 713.953.5096.
Sincerely,
James D. Ross, PE
Vice President
JDR/ew
0:\PROPOSAL\2015\Lower Kirby\PED\15-00936 S Spectrum Road Pay pro.doc