R2004-069 05-10-04RESOLUTION NO. R2004-69
A RESOLUTION OF THE CITY couNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH FREESE & NICHOLS,
INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE
CONSTRUCTION OF THE DIXIE FARM ROAD DETENTION
IMPROVEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Freese
& Nichols, Inc., a copy of which is attached heret° as Exhibit "A" and made a part hereof
for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Freese & Nichols, Inc., for engineering
services associated with the construction of the Dixie Farm Road Detention Improvements.
PASSED, APPROVED and ADOPTED this the 10th day of l~ay ,
A.D., 2004.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2004-69
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract)is made between the City of Pearland, Texas
(hereinafter "City"), and Freese and Nichols Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The folloWing information and referenced documents
shall be a part of this Contract:
Description of Project: Provide Engineering services in connection with the
development of the Dixie Farm Road Widening's 3 detention ponds.
Engineer/Subconsultant(s) Fee Basis of Compensation
Freese and Nichols Inc. $179,885.00 Cost Plus
Maximum Contract Amount $179,885.00 Cost Plus
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: Sixty (60) days from completion of
final Wetlands Determination Report.
Attachments: Scope of ServiceS - Exhibit A
Project Schedule - Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one-half percent (0.5%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Engineer has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providin9
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relatiort between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or .legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one
$1,000,000 for each occurrence, and $1,000,000 for each occurrelqce of
damage to or destruction of property.
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(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
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EXECUTED and EFFECTIVE as of the 10th day of May ,20 04 .
CITY OF PEARLAND
Printed N~- 7~i11 Eisen
Title: City Manager
ENGINEER
Printed Name:
Title:
-
STATE OF TEXAS §
COUNTY OF z,~r~ 4... §
.~_~, BEFORE ME, the undersigned Notary Public, on this day personally appeared
'// Z~,~'~¢~. .., known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
~/,/¢IVEN UNDER MY HAND
..,A.D., 20 ¢~'.
R~ PERLA N. LEHMAN
~[.~[,,~,.'~ Notary Public, State of Texas
.~%~/~ My Commission ExpI~:
~ ~ APRIL 2, 2005 ~
AND SEAL OF OFFICE THIS // DAY OF
C,-..~,~OTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:'~//,~' ~
My Commission Expires:./,~';/~ ,~¢.¢J~
LC~_~GIVEN UNDER MY HAND .AND
.,A.D., 20 ¢ ¢ .
LYNETTE WILSON
Notary Public, State of Texas
My Commission Expires:
03/ 0/2005
SEAL OF OFFICE THIS /Y DAY OF
i~('~/~'"¢ PUBLIC IN AND FCR THE
STAT'EOF TEXAS
.,r, nted. ,m :
My Commission Ex~ires: .¢ ~/
STATE OF TEXAS §
COUNTY' OF §
/~.. BEFOR~ ME, thC undersigned Notary Public, on this day personally appeared
//~./~f ~//o':~¢/~~., known to me to be the person whose name is subscribed to
the forgoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional
services to the City of Pearland (OWNER) in connection with the development of the Project,
described as: Dixie Farm Road Widening's Three (3) Detention Ponds.
A. DESIGN PHASE
1. Attend preliminary conferences with the OWNER to establish requirements for the
Project.
2. Coordinate with the City and the Surveyor (Wilson Survey Group) to receive
topographical and boundary information on the three (3) detention pond sites in hard
copy and digital format.
3. Upon preliminary design, coordinate with the Surveyor and City to receive cross-
sections information upstream and downstream of points of discharge, as required, for
the purpose of hydraulic modeling and design on the Clear Creek, Mary's Creek and
Cowart's Creek. The actual surveying services for this is handled under a separate
contract between the City and the Surveyor.
4. Using the Dixie Farm Road widening drainage impact quantities for the Cowart's
Creek, Mary's Creek Bypass, Mary's Creek, Clear Creek, and Mud Gulley, conduct
detailed hydraulic modeling and routing analysis to size one detention pond for the
Cowart's Creek outfall, one detention pond for the Mary's Creek Bypass and Mary's
Creek outfalls, and one detention pond for the Clear Creek and Mud Gulley outfalls.
The hydraulic modeling and routing analyses will be documented in an engineering
report meeting the approvals of the City of Pearland, TxDOT, Brazoria Drainage
District No. 4 and Hams County Flood Control District. (See sub-consultant's
proposal attached.)
5. Conduct the necessary geotechnical investigation for the purpose of design of the three
(3) detention ponds. (See sub-consultant's proposal attached.)
6. Design and prepare construction plans for the three (3) detention ponds to include plans
and sections, outfall structures, piping, details and other related items.
7. Prepare stormwater pollution prevention plans for the construction. (Additional
Services).
8. Provide coordinations with TxDOT, Brazoria Drainage District No. 4 and Hams
County Flood District. (Additional Services).
9. Prepare detailed specifications and Contract Documents for the construction authorized
by the .OWNER.
10. Prepare detailed cost estimates of authorized construction. FNI shall not be required to
guarantee the accuracy of these estimates.
11. Conduct monthly meetings with the OWNER to report project progress and resolve
design issues.
12. Furnish to the OWNER five (5) copies of approved Plans, Specifications, and Contract
Documents.
Please note that no environmental assessment, wetland and related permitting is included in
the above scope. As we understand this is handled by the City.
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BID OR NEGOTIATION PHASE. Upon completion of the design services and approval
of "Final" drawings and specifications by OWNER, FNI will proceed with the performance
of services in this phase as follows:
Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER
to use in notifying construction news publications and publishing appropriate legal
notice. The cost for publications shall be paid by OWNER.
2. Distribute one copy of plans and bid documents to selected plan rooms.
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Assist the OWNER in maintaining information on entities that have been issued a set of
bid documents. Distribute information on plan holders to interested contractors and
vendors on request.
4. Assist the OWNER by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
Assist the OWNER in conducting a pre-bid conference (if required) for the
construction projects and coordinate responses with OWNER. Response to the pre-bid
conference will be in the form of addenda issued after the conference. Attend the tour
of the project site after the pre-bid conference (i f required).
Assist the OWNER in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder to determine
if, based on the information available, they appear to be qualified to construct the
project. Recommend award of contracts or other actions as appropriate to be taken by
OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible
bidders prior to the bid opening is an additional service.
Assist the OWNER in the preparation of Construction Contract Documents for
construction contract. Provide five (5) sets of Construction Contract Documents
which include information from selected contractor's bid documents, legal documents,
and addenda bound in the documents for execution by the OWNER and construction
contractor. Disthbute two (2) copies of these documents to the contractor with a
notice of award that includes directions for the execution of these documents by the
construction contractor. Provide the OWNER two (2) copies of these documents for
use during construction. One (1) copy of these documents will be used by FNI during
construction. Additional sets of documents can be provided as an additional service.
Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services,
FNI will proceed with the performance of construction phase services as described below.
FNI will endeavor to protect OWNER in providing these services. However, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI
responsible for supervision of the Contractor's operation and employees. FNI shall not be
responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to
the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall
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not be responsible for the acts or omissions of any person (except its own employees or
agents) at the Project site or otherwise performing any of the work of the Project.
These services are based on the use of FNI standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or
contract administration procedures is an additional service. If general conditions other than
FNI standards are used, the OWNER agrees to include provisions in the construction
contract documents that will require the construction contractor to include FNI and their
subconsultants on this project to be listed as an additional insured on contractor's insurance
policies.
Assist OWNER in conducting pre-construction conference(s) with the Contractor(s),
review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and prepare a form for the purpose of
monthly pay estimates of the Project from information provided by the Construction
Contractor.
2. Establish communication procedures with the OWNER and contractor.
0
Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor's submittals and provide for filing and retrieval of project documentation.
Review contractor's submittals, including, requests for information, modification
requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
Based on FNI's observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by
Contractor, determine the amount that FNI recommends Contractor be paid on monthly
and final estimates, pursuant to the General Conditions of the Construction Contract.
Make periodic visits to the site (as distinguished from the continuous services of a
Resident Project Representative) to observe the progress and the quality of work and to
attempt to determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort FNI will endeavor to protect the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. FNI, however, cannot guarantee the performance of
the Contractor, nor be responsible for the actual supervision of construction operations
or for the safety measures that the contractor takes or should take.
Notify the contractor of non-conforming work observed on site visits. Review quality
related documents provided by the Contractor such as test reports, equipment installation
reports or other documentation required by the Construction contract documents.
Coordinate the work of testing laboratories and inspection bureaus required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality control
of the Project. The cost of such quality control shall be paid by OWNER and is not
included in the services to be performed by FNI.
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Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitutions of equipment and/or materials or deviations from the
drawings and specifications is an additional service.
Establish procedures for administering constructive changes to the construction
contracts. Process contract modifications and negotiate with the contractor on behalf of
the OWNER to determine the cost and time impacts of these changes. Prepare change
order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be
prepared. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and
approved by the OWNER are an additional service. Substitutions of materials or
equipment or design modifications requested by the OWNER are an additional service.
10.
Prepare documentation for contract modifications required to implement modifications
in the design of the project. Receive and evaluate notices of contractor claims and
make recommendations to the OWNER on the merit and value of the claim on the basis
of information submitted by the contractor or available in project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER
if appropriate. Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control of FNI are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER
furnished equipment or materials.
12.
Conduct, in company with OWNER's representative, a substantial-complete and final
review of the Project for conformance with the design concept of the Project and
general compliance with the Construction Contract Documents. Prepare a list of
deficiencies to be corrected by the contractor before recommendation of final payment.
Assist the OWNER in obtaining legal releases, permits, warranties, spare parts, and
keys from the contractor. Review and comment on the certificate of completion and
the recommendation for final payment to the Contractor(s). Visiting the site to review
completed work in excess of two trips are an additional service.
13.
Revise the construction drawings in accordance with the information furnished by
construction contractor(s) reflecting changes in the Project made during construction.
Two (2) sets of prints of "Record Drawings", one (1) set of plans tracings, one (1) CD
containing the project plans in AUTOCAD format shall be provided by FNI to
OWNER. If additional surveying or inspection is necessary in order to produce
accurate and complete As-Built drawings, then such services by the FNI will be at the
Per Diem Rate attached.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
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B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
F. Providing renderings, model and mock-ups requested by the OWNER.
Making revisions to drawings, specifications or other documents when such revisions are
1) consistent with approvals or instructions previously given by OWNER or 2) due to
other causes not solely within the control of FNI.
Ho
Providing consultation concerning the replacement of any Work damaged by fire or other
cause during the construction, and providing services as may be required in connection
with the replacement of such Work.
Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction performed by OWNER.
Providing shop, mill, field or laboratory inspection of materials and equipment. Observe
factory tests of equipment at any site remote to the project or observing tests required as a
result of equipment failing the initial test.
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Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator.
Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase. The Resident Project Representative will
act as directed by FNI in order to provide more extensive representation at the Project site
during the Construction Phase. Through more extensive on-site observations of the work
in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, FNI shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a
Resident Project Representative is subject to the provisions of Article IC.
If OWNER provides personnel to support the activities of the Resident Project
Representative who is FNI or FNI's agent or employee, the duties,
Responsibilities and limitations of authority of such personnel will be set forth in an
Attachment attached to and made a part of this AGREEMENT before the services
of such personnel are begun. It is understood and agreed that such personnel will
work under the direction of and be responsible to the Resident Project Representative.
OWNER agrees that whenever FNI informs him in writing that any such personnel
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provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such
personnel shall be replaced.
Assisting OWNER in claims disputes with Contractor(s).
Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by FNI on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permitting assistance, and other assistance required to address environmental issues.
Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after, the date of this
agreement.
Services required to resolve bid protests or to rebid the projects for any reason.
Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
Providing services after the completion of the construction phase not specifically listed in
Article I.
Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the OWNER.
Providing services made necessary because of unforseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of FNI.
Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor's warranty period.
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BB. Provide geotechnical services as required.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon
execution of this AGREEMENT and receipt of topographical information on the three sites and
agrees to complete the services called for in Article IA (Design Phase) so as to deliver completed
Plans, Specifications, and Estimates of Cost for all authorized construction of the Project, within
(120) calendar days thereafter. Review periods by City, acquiring approvals and permits have not
been accounted for. FNI will proceed with the performance of the services called for in Article
IB and IC (bid and construction phases) of this agreement until completion of the Project.
IF FNI's services are delayed or suspended in whole or in part by OWNER,or if FNI's services are
extended by the Contractor% actions or in actions for more than 90 days through no fault of FNI,
FNI may be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services of FNI:
Designate a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions
with respect to FNI's services for the Project.
Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER will require to be
included in the drawings and specifications.
Co
Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project.
Do
Arrange for access to and make all provisions for FNI to enter upon public and private
property as required for FNI to perform services under this AGREEMENT.
Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
FNI.
Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
G°
OWNER shall make or arrange to have made all subsurface investigations, including but
not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations.
T:OFF0404 l\Prlb. Scope of Svcs.doc
SC-7
FNI_~.~__
OWNER
OWNER shall also make or arrange to have made the interpretations of data and reports
resulting from such investigations. All costs associated with such investigations shall be
paid by OWNER.
Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as OWNER may require or FNI
may reasonably request with regard to legal issues pertaining to the Project including any
that may be raised by Contractor(s), such auditing service as OWNER may require to
ascertain how or for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may require to ascertain
that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their fumishing and performing the work.
OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish
Resident Project Representative service so the Bidders can be informed.
If OWNER designates a person to serve in the capacity of Resident Project
Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and
limitations of authority of such Resident Project Representative(s) will be set forth in an
Attachment attached to and made a part of this AGREEMENT before the Construction
Phase of the Project begins. Said attachment shall also set forth appropriate
modifications of the Construction Phase services as defined in Attachment SC, Article
IC, together with such adjustment of compensation as appropriate.
Attend, coordinate and conduct the pre-bid conference, bid opening, preconstmction
conferences, construction progress and other job related meetings and substantial
completion inspections and final payment inspections.
L0
Give prompt written notice to FNI whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of FNI's services, or any defect
or nonconformance of the work of any Contractor.
Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC,
Article II of this AGREEMENT or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representatives:
Owner's Designated Representative - (Joe Wertz, 3519 Liberty Drive, Pearland, Texas 77581,
(281) 652-1650)
FNI's Project Manager - (Mehran (Ron) Bavarian, P.E., 2010 E. Broadway, Pearland, Texas
77581, (281) 485-2404)
FNI's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281)
485-2404)
T:OFF04041 ~Prlb. Scope of Svca.doc
SC-8
FNI~
OWNER
ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES
For and in consideration of the services to be rendered by FNI, OWNER shall pay the fees
hereinafter set forth.
A. COMPENSATION:
Preliminary and Design Phases: Based on a preliminary construction cost of $1,480,000
(excluding storrnwater pollution prevention), a fee of 8.25% of construction is computed
(See Exhibit "A"). For the purpose of preparing monthly statement, 85% of the Basic
Fee shall be used for Preliminary and Design phases. Therefore, compensation to FNI for
the Preliminary and Design Phases in Article IA of Attachment SC (excluding Additional
Services) shall be a lump sum of $103,875 ($1,480,000 x 8.25% x 85%=$103,785). If
FNI sees the Scope of Services changing so that additional services are needed, FNI will
notify OWNER for OWNER's approval before proceeding.
2
Construction Phase: For the Construction Phase of the project 15% of the Basic Fee shall
be allocated. Therefore, compensation to FNI for Bid and Construction Phase in Article
IB&C of Attachment SC shall be a lump sum of $18,315 ($1,480,000 x 8.25% x 15%=
$18,315). If FNI sees the Scope of Services changing so that additional services are
needed, FNI will notify OWNER for OWNER's approval before proceeding.
3 Additional Services: For Additional Services as defined in Article IA of Attachment SC,
a total budget of $57,785 is proposed.
Detail concerning the fees is included in this Attachment CO.
B COMPENSATION TERMS:
"Construction Cost" is defined as the total cost to OWNER for the execution of the work
on the construction Project, excluding the fees or other costs for engineering and legal
services and the cost of land, right-of-way, and administrative expenses, but including the
direct cost to OWNER of all current construction contracts, items of construction
including labor, materials and equipment, required for the completed work (including
extras) and the total value at the site of Project of all labor, materials and equipment
purchased or furnished directly by OWNER for the Project.
"Sub-Consultant Expense" is defined as the expense that is incurred by FNI in
employment of others in outside firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that are not included in the Basic
Services.
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred by
FNI for supplies, transportation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection with that assignment.
C. BASIC SERVICES:
1. Upon authorization from the OWNER, FNI shall proceed with the services outlined in
Article IA of Attachment SC. For the purposes of preparing monthly statements for the
T: OFF04041 ~PRLB.Compensation
CO-1 FNI ~'~t~
OWNER
ATTACHMENT CO
preliminary and design phase of the Project, FNI shall submit to the OWNER payment
requests in proportion to that part of the service which has been accomplished as
evidenced by monthly statements. F, inal payment for Preliminary design phase shall be
due upon the completion of service, whether the work be constructed or not.
Upon authorization from the OWNER, FNI shall proceed with services outlined in
Article IB&C of Attachment SC. Monthly payment requests shall be submitted to the
OWNER for that portion of service which has been accomplished as evidenced by
monthly statements. Final payment for construction phase services shall be due upon the
completion of service.
D. ADDITIONAL SERVICES:
Additional Services as described in Article IA of Attachment SC for this Project shall be
invoiced either based on our Schedule of Hourly Rates (Exhibit "B") or subconsultant fee
plus 10%, as applicable. The Additional Services for this Project are as follows:
a. Hydraulic Modeling and Routing Analysis
(Sub-consultant + 10%)
b. Geotechnical Investigation (Sub-consultant + 10%)
c. Coordinations with surveyor, TxDOT, HCFCD, BDD4
(cost not-to exceed)
d. Stormwater pollution prevention plans (cost not-to exceed)
e. Miscellaneous reimbursables (cost + 10%)
$ 30,993
$17,592
$ 5,000
$ 2,000
$ 2,200
Total, Additional Services
$ 57,785
If other Additional Services as described in Attachment SC, Article II, are required FNI shall be
compensated as follows:
Where the services of individuals are supplied by FNI, as authorized by OWNER,
payment for these services will be based on salary costs times a multiplier of 3.00,
except for resident project representative services which will be a flat $65/hour rate
plus mileage.
b. Services for direct non-labor expense and sub-contract expense provided by FNI
shall be reimbursed at actual cost times a multiplier of 10%.
T:OFF04041 ~PRLB.Compensation
CO -2 FN~
OWNER
EXHIBIT "A"
CURVE FOR ENGINEERING COMPENSATION
FOR ROADS, BRIDGES, AND RELATED SERVICES.
o~
I
I I I ~' I ·
I
/ '
E-~
0
o ~ 0
BA81C SE~CE9 -- I=I~RCEI'~Fr'
JAN ~
Freese
NichoLs, nc.
Engineers Environmental Scientists Architects
2010 East Broadway
Pear[and, TX 77581-5502 281/485-2404 281/485-4322 fax
E~HIBIT "B"
SCHEDULE OF CHARGES
www. freese.com
POSITION
PRINCIPAL OF FIP, M
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CADD DESIGNER
CADD OPERATOR
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
MIN MAX
150 225
140 150
135 150
95 105
75 90
50 60
45 50
65 75
65 75
50 65
EXPENSES
Plotting Printing
Bond $ 2.00 per plot
Color $ 3.50 per plot
Vellum $ 4.00 per plot
Mylar $10.00 per plot
Bluelines/Blacklines
Offset and Xerox Copies
Binding
Tape Binding
$0.13 per square foot
$0.07 per side copy
$2.00 per book
$1.75 per book
Computer and Cadd
PC Cad Stations $10.00 per hour
PC Stations $ 8.00 per hour
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work
required to be done by independent persons other than staff members.
T:oflD4041PKL 1FN2004$chcdulcofCharges.doc
04/23/2004 13:28 FAX 2814404742 DODSON & ^SSOOIATES, INC ~002/005
DODSON
ASSOCIATES, INC.
Hydr~logi~t~ a~ Civil E,g/~e~r~
O~r Mtssiom' T~e Best in Water Resources Engineering
April 23~ 2004
Freese & Nichols, Inc.
2010 East Broadway
?earland, Texas 77581
Attn: Mr. Ron Bavarian, P.E.
RE: Detention Analysis Dix/e Farm Road
Des_r Mr. Bavarian:
Tel (281) 48S-2404
F~ [281) 485-4322
We are plea~ed to present this cost proposal for engineering services related to a detention
analysis associated with roadway improvements to Dixie Farm Road between State Highway 35
and Beamer Road. The following sections of this letter provide background information on the
project, a scope of work for the proposed analysis, and a detailed budget breakdown.
BACKGROUND INFORMATION
It is our understanding that three detention locations have been selected to mitigate impacts
associated with the proposed roadway improvements along Dixie Farm Road, A detailed
detention routing analysis is required to illustrate how the proposed mitigation basins will
operate in conjunction with the proposed roadway project.
SCOPE OF WORK
We propose to complete the following tasks in connection with the detention anaIyses for the
proposed project.
D~ta Collection and Coordination
Data Collection/~ Review: We will collect and review necessary topographic reformation
for each of the detention locations. We will rev/ew our latest hydrolog/c and hydraulic data
for each of the watersheds and streams prev/ously studied to determine what additional
information we will need to complete a detailed detention analysis for each of the proposed
sitem
Additional Data Request: We will prepare a request for additional topographic data
necessary to properly model the detent/on routing s_nd preparation of channel rating curve
information.
D~tention Analysis Approach - A similar approach will be used for each basin location. For
the Clear Creek/Mud Gully location, additional effort will be necessary due to the complexity of
the proposed location_
1. Preliminary Basin Grading: We will prepare a preliminary grading plan specifically for the
proposed detention site at eaah of the three locat_ion.~.
5629 F.M. 1960 West, Suite 314 Houston, TX 77069-4216
251-440-~757 or 1-800-2~5-$069 FAX 281-440-4742
web site: www.dodson-hydro.com
04/23/2004 13:26 FAX 2814404742 DOO$ON & ASSOCIATES, INC ~003/005
04~23~04 Mr. Ron Bavarian, P.E. Page 2
Channsl Rating Curve: Using the hydraulic models and requested topographic data, a
channel rating curve will be prepared to establish variable tailwater conditions for each
detention site.
3. Design of Out£all Structure: An outfall structure will be designed for each site to offset
any adverse impacts associated with the proposed roadway,
Post-Project Hydrology: A detention routmg analysis will be performed using the
hydrologic models produced from our previous studies to illustrate the function of each
detention basin.
Post-Project Hydraulics: The revised peak flow rates will be reviewed at each location to
determine ff a_ny impacts to water surface elevations will be associated with the proposed
mitigation measures.
Report ~, Client coo~ltn~ion
1. Document Results: We will document the results of the detention analyses in the form of
a letter report.
2. Client & TsDOT Coordination: We will attend at least two meetings to obtain information
and/or present the findings from this analysis,
BUDGET BREAKDOWN
As indicated, the total budget requested for completion of this drainage analysis is $28,175.
This budget estimate amount includes only the work described above. Please note that by
signing below, you agree that any liability of Doctson & Associates, Inc. will be limited to the
amount of compensation actually collected under the terms of this proposal.
04/23/2004 13:27 FAX 2814404742 DOOSON & ASSOCIATES, INC ~004/005
04/2:)/04
Mr. Ron Bavarian, P.E.
Page 3
Available Workin~,l Days: .............
Work Item
120 _J Project Project
S;:~'~E/ Manager'l En~r. l
Data Collection & Review
1 IData Collection & Review 0
--~dditional Data Request
Total for Phase
Cowart Creek Detention Analysis
Preliminary Basin Grading
0 i .... 4" : 4
0 ~ 6 ! 6 '
2'Channel Ratin Curve 0 .... r'" ~' ..... ! ..... -~'--'
_3_IDes 9n of Ouffal Structure 1 ~ 8 ]_ '16
-' 4[F0at-Project Hydrology, ...... '1~ ..... ] .... -J, ..... ~ ...... ~---'
51Post-Propct Hydrafiiic's-- .......... ; ........ '6---'T-- ' '~--- , .... '-'~-~'
'oral for Phase I 2 J ....... 1_8'... i.~..2.8_ .....
Tach. ICledcalI I Task 1%
Staff Support Hrs. ,IBud. ge.t_.
2 i 0 10 $990i 4%
2 ' 0 6 $580I 2%-
4
0
2
2
--0 10 ; $940 3b'~'-~-
0 __.~ 6 "- $600 2%
0 27 $2,705~ 10%
0 : g ' $935 ~3%
............ S-T~'6': '~-'
Co " 564 ! s5,5~o .... ~
'sCreek & Bypass Channel Detention Analysis
IPrelimina_ryBas[nGrading i .... '~ .... ~--"'"'2" '-? .... 4 4 ,: 0 10 $940 L 3%
-- 2 Channel Ra~ ng Curve ........ ~. ..... -~--"; ....... ~" "i ....4 0 '
--31Desi(m of Outfall Structure ....... ~ ......... 1 ~ ............ 8 ~ '1"~ .............. ~ ...... i--'"-'~ .... ~'- : .... $2,705! 10%
-- } " ' ...... ; ............ : ........ ~ ] 2 'I ~' '-~- ' -$935' 3%
4 Post-Project Hydrology . 1
§ Post-Projeol; Hydraulics ~ ...... ~ ...... T ......
'oral for ~-hase ] :2.
o ......... ~ ............. $940L_3o/~-
0 6 $00012%
_-' 31Design of Ouffall Structure
- 41Post-Proiect Hydrology
5{Post-Project Hydraulics
ITotal for Phase
Documentation & Coordination__
Clear Cree/f & Mud Gully Detention Analysis
l_~_.r.e, liminary Basin Grading 0 .... .. ~-i."_~i ..... '~ ..... -~ 4
..... 2_, C~'~ ~i'"Ratin ~1 Curve ' 0 2 ' 4 0
, s .j = 0 s=,70sl
'"~ ............. ~' .... 16 [ 4 ', 0 28 $2,7401 lO%
' 2 28 I I ' ~ ' '-'
,, 56 1~ 0 104
I Document Results
8
1 i" 34 ~ $3,385 12%
0 { 16i $1,640 6%-
$5,025
'0tal for Phase [ 1 I 24 ', 16 $ I 1 50
)ROJECT TOTALS ' 7 ,. ~--4 ...... ~' 134 46 1 , 282 $27 975[
Flours P~ W8;'~¥~1 Day ................. i'- '~'~"--'7 '"6'1'7"~ ' 'I ~'T:~ .......... ~)'".-3'§'-'"1'"' '~76-~ ..... ~'.~'8 , ~ -
~H-ourlyRates ........... 7-$-'~'"~' ~-"'~-1}'~'"i ~95 $85 $50'"" .......... ~ ........?
~d~e-T- .................. i" $--~-,,- ' -~ ;j ~' 32, 6'- :,, $12,730 I $3,910 J $50 ............... j .... ;-"'- .... ~27 975~ 99%
ANTICIPATED ADDITIONAL COSTS: ~ ]L $200 :,(Travel Re_.productio~.) ' 1 '~
TOTAL BUDGET REQUIREMENT: ; ................. .,' ~-~B'-,~'7-~" .................................... : ....
04/23/2004 13'27
FAX 2814404742 DODSON
04/23/04 Mr. Ron ~av~ian,?.£. PaE¢4
005/005
CO1/CLUSlON
If the proposed scope of work and budget a~e acceptable, please signify your acceptance in the
space provided below. Thank you for the opportunity to present this proposal. Please do not
hesitate to contact me if you have any questions or comments regarding this budget proposal.
I will look forward to hearing from you.
Sincerely,
Kevin T. Vogel, P.E.
Dodson/l~ Associates, Inc,
Accepted by: Date:
04/22/04
THU 10:39 TEL 7137771424
Tolunay-W o n g
10710 S. Sam Houston Pkwy W., Suite 100
TOLUNAY-WONG
~ Engineers, Inc.
* Houston, TX 77031 * ?13~722~7064 * Fax 713-722-0319
002
April22,2004
TWEIPropo~dNo: P04-G142
City of Pearland
c/o Frcese and Nichols, Inc.
2010 East Broadway
Pearland, Texas 77581-5502
Attn: Mr. Ron Bavarian, P.E.
PROPOSAL FOR GEOTECHNICAL STUDY
THREE DETENTION PONDS
DIXIE FARM ROAD WIDENING PROJECT
SH 35 TO BEA__MER ROAD
PEARLAND, BRAZORIA AND HARRIS COUNTIES, TEXAS
Dear Mr. Bavarian:
Tolunay-Wong Engineers, Inc. (TWEI), is pleased to submit this proposal to provide geotechnical
services for the referenced project. The project consists of the construction of three detention ponds for the
proposed Dixie Farm Road widening project. Project detalia were provided by you via mail containing site
survey drawings and aerial photograph presenting the three sites and telephone conversations on April 20,
2004. Site No. 1, Coward's Creek Detention Basin, is located on a 9.954 acre tract about 1100 feet north of
Dixie Farm Road and about ~A mile east of SH 35, in Brazoria County, Texas. Site No. 2, Mary's Creek and
Mary's Creek Bypass Detention Basin, is located on a 16.394 acre tract about Y4 mile south of Broadway
and 2200 feet northwest of Dixie Farm Road, in Brazoria County, Texas. Site No. 3, Clear Creek and Mud
Gully Detention Basin, is located on a 19.151 acre tract aborn 1.8 miles noxtheast of the intersection of
Broadway and Dixie Farm Road and about 500 feet southeast of Dixie Farm Road, i.n Harris County, Texas.
The proposed three basins are anticipated to be no deeper than about 15-ft. Thc proposed detention basin
side slope is 6 horizontal: 1 vertical (6H:IV).
Scope of Services
Our scope of services covered in this proposal will consist of ficld exploration, laboratory te~ng
an.d the preparation of a gcotechnical engineering report documenting Our findings and geotechnical design
rcco~ir~endations for a detention pond.
Field Exploration. We will drill four (4) soil. borings to 25-ff depth within Site No. 1, six (6) soil
borings to 25 foot depth within Site No. 2, and. six (6) sell borings to 25 foot depth within Site No. 3 to
evaluate the subsurface conditions. A total of 400 vertical feet of drilling is included.
'We will obtain soil samples continually to the 20 ft depth and from the 23 to 25-ff depth interval.
We will smnple cohesive subsurthce soils with a 3-in. diameter, thin-walled Shelby tube (ASTM D 1587).
Granular soils will be sampled with a split-barrel sampler while performing Standard Penetration Testing
(ASTM D 1586). We will transport representative portions of the recovered soil samples to our soil
mechanics laboratory for testing. The borings will be covered upon completion of thc drilling in order to
preclude surface water from entering the boreholes. We will obtain 24-hour water level measurements and
measure the depth of thc open bor~holes. All borings will be backfilled with soil cuttings after completion
04/22/04 T}IIJ 10:39 TEL 7137771424
Mr. Ron Bavarian, P.E.
TWE! Proposal No.: P04-(J142
April 22, 2004
TOLUNAY-W0NG
[~003
of the ficldwork. Thc boring locations will be dearly marked with paint and a stake extending 3-fl above
the ground surface. We will backfill the open boreholes with the soil cuttings a~r obtaining water level
readings, about 24 hours after completion of drilling.
It w/ll be our responsibility to adequately locate any cables, buried pipelines, or other utilities at the
site and to conduct our field investigation so that any site cables~ pipelines, and utilities are not damaged.
Wc will notify you at least 24 hours prior to thc start of our field work. We will coordinate with
Freest and Nichols, lac. (FNI) to assist in locating the borings and obtaining the sur~ey information for
the borings. The surveyed coordinates and elevations for each boring location will be shown on our boring
logs for this 'project.
Our field exploration assumes that the existing subsurface soils are not contaminated with any
hazardous materials. Enviromental procedures may be necessary if contaminated soils axe encountered and
enviromnental sampling is not within the scope of this study.
Laborator,g Testing. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include unconfined
compression tests (ASTM D 2166), unconsolidated-undrained triaxial tests (ASTM D 2550), consolidated-
undrained triaxial tests with pore pressure measurements (ASTM D 4767), moisture content (ASTM D
2216), Atterberg limits (ASTM D 4318), percent soil pat'tides finer than the no. 200 sieve (ASTM D t140),
and pinhole dispersion tests (ASTM D 4647). Wc will keep thc samples for 90 days after the final report is
presented. We will discard the samples after that time, unless instructed otherwise.
_E..n~ineerin~ Report. We will interface with the FNI design team during thc course of the study to
discuss the geotechnical information for the proposed detention pond. We will prepare an engineering
report that will present our f'mdings and provide you with geotechnical design and construction
recommendations for this project, including:
* Subsurface stratigraphy and groundwater conditions;
Slope stability analyses for an earthen grass-lined detention basin to dctcrmine if a 6H:IV
side slope inclination is a stable slope. Slope stability analyses will be performed for:
- End of Construction case (recommended minimum factor of safety is 1.30);
- Rapid Dmwdown case (recommended minimum factor of safety is 1.25); and
- Long Term case (recommended mi~mum factor of safety is 1.50).
. Based on thc stability analysis for the three cases presented above if thc proposed slopes are
not stable then we wilI recommend a stable slope, which has a calculated factors of safety
equal to or greater than the minimum recommended factors of safety;,
Kevicw the pinhole testing in combination with our field observations to indicate the presence
and extent of dispersive days at the project site and recommend a treatment for the dispersive
soils; and
Evaluation of excavated soils £or use as fill material.
The slope stability analyses will be performed using the computer program GSTABL7 version 2
which is written and compiled in Visual Fortran source language and runs under the Microsoft® Windows
opera0.ng systcrns. The slope stability analyses will be performed using the Modified Bishop method and/or
tke Genexal Limit Equilibrium (GLE) method which includes both the Spencer and Morgenstera-Price type
analyses (satisfies complete force and moment equilibrium). The GSTABL7 computer code searches for the
G:l¢ieotechnfcall?roposals12004~PO4, G142~PO4.G142.pro.doc
04/22/04 TRU 10:40 TEL 7137771424
Mr. Ron Bavaria~ P.E.
TWE! Proposal. No,: P04-G142
April 22, 2004
TOLL~AY-WONG
I~004
critical slope failure plane and computes thc minimum safety factor for the given slope geometry and
subsurface soil and ground water conditions.
Soft parameters for the stability analyses will be based on laboratory test results from this
geotechnical investigation, previous geotechnical investigations ff available, and TWEI personnel's past
experience with similar soils. For thc end of construction design case wc will use unconfined compression
test results as well as unconsolidated undrained triaxial test results for soil parameteva. Consolidated
undrained soil parameters will be used for the rapid drawdown design case, which will be derived from
consolidated tmdrained Iriaxial tests with 'pore pressure measurements. Consolidated drained soil
parameters will be used for thc long term design case, which will be obtained from the test results of
consolidated undrained triaxial with pore prcssurc measurements. Residual strengths will be considered,
based on soil propertics and our experience, in selecting the soil parameters for tim long term and rapid
drawdown conditions.
Ground water levels for the end of conslmction case and long term case will be modeled based on
the ground water level readings, our field observations, and expected fluctuations of the ground water level
and channel flow level. Ground water levels for the rapid dmwdown case will be taken at ~e maximum
flood level followed by an instantaneous drop to lowest expected water level in the channel and a
piezometrically loaded slopes.
Our analyses will comply with the applicable requirements in thc latest HCFCD "Geotcclmical
Investigation Guidelines".
Budeet
Our estimated cost for the above-described services is $15,993 and will not be exceeded without
your prior written authorization for the proposed three detention ponds including the slope stability analysis.
The cost for the geotechnical study assumes that 'ingress and egress to the site are 'provided by others. Listed
below ~re the fees associated with our cost estimate:
item Unit Rate Total
Field Exploration
Teclmician Site Reconnaissance 4 hours $ 40.00/hr $ 160.00
Mobilization/Demobilization Lump Sum $ 250/job $ 250.00
Soil Borings
Soil Sampling to 0 to 15-ft 400-ft $ 13.50/ft $ 5,400.00
Drilling/Logging Supervision
Senior Engineer, P.E. 5 hours $105.00/b.r $ 525.00
Teohnician 5 hours $ 40.00/hr $ 200.00
Subtotal $ 6,535.00
Laboratory Testing
Moisture Content 40 tests $ 6.00 $ 240.00
Dry Density/Moisture Content 15 tests $ 1.9.00 $ 285.00
Liquid & Plastic Limits 30 tests $ 45_00 $ 1,350.00
Percent Passing #200 Sieve 30 tests $ 35.00 $ 1,050.00
Pinhole Test 1 test $190.00 $ I90.00
Unconfined Compression 21 tests $ 33.00 $ 693.00
Unconsolidated Undrained Tdaxial 9 tests $ 46.00 $ 414.00
Subtotal $ 4,222.00
G:lGeote~'hnfcaltProposalxl2004~?04~O l # 21PO4-G14 2.pro.doc
04/22/04 THU 10:40 TEL 7137771424 TOLUNAY-WONG ~005
Mr. Ron Bavarian, P.E.
TWEI Proposal No.: P04-G 142
April 22, 2004
Item Unit Rate Total
Engineering
Senior Engineer, P.E. 6 hours $105.00 $ 630.00.
Project Engineer, P.E. 12 hours $ 82.00 $ 984.00
SlaffEngineer, E.I.T. 50 hours $ 65.00 $ 3,250.00
Drafting 4 hours $ 31.00 $ 124.00
Word Proce~!Hg 8 hours $ 31.00 $ 248.00
Subtotal $ 5,236.00
TOTAL $15,993.00
Schedule
We can mobilize our field crew within three days after authorization. We can complete the field
work in three days and issue our geoteehffieal report within 30 days a~er completion of the field work. We
can furnish you, with verbal preliminary information upon completion of the fieldwork and laboratory
testing.'
Closing Remar .1~._
Again, we would like to express our appreciation for the opportunity to submit this proposal and
look forward to serving you on this project.
Sincerely,
TOLUNAY-WONG ENGINEERS, INC.
Fouad Hammond, P.E.
Accepted by:
Name:
Date:
Attachments: Exhibit A
G:~Geotec'hnicallProposab12004~°O4-G142~PO4-G142,pro. doc
04/22/04 THU 10:40 TEL 7137771424 TOL[~AY-WONG ~006
EXHIBIT A ~
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
TH E A(~KEEMENT
This AGREEMENT is made by and between TOLUNAY-WONG I~NGINEER5, INC., h~eina~er referred to as GEOTECI-INICAL
ENGINEER, and thc CLIENT ofth~ attached PROPOSAL. This AGREEMENT between the paxtics consists of these TERMS, the
attached PROPOSAL and any exhibi~ or attachments noted in the PROPOSAl. will constitute th~ entire AGREE~. Any
changes to this AGREEMENT must b, mutually agreed to in writing,
STAN'D...ARD OF CARE
'thc CLIENT r~ognizes that subsurface conditions vaxb, from those observed at locations whur* borings, survey.~ or ~,xplorations arc
made, and that site conditions may ~hang¢ with time. Data, interpretations, and recommendations by the GEOTECI4NICAL
ENGINEER will b¢ ba~ed solely on information uvailable to the OEOTECHlqlCAL ENGINEER. The GEOTECItN-ICAL
ENGINEER is rcsponsibl~ for those data, interpretations, and n~omm~ndations, but will not be responsible for other partie~'
intct'prel~ttlons or use of the information d~volop~d,
Services performed by thc GEOTECHNICAL ENGINEER under this AGREEMENT are expected by thc CLIENT to be conducted in
a manner coaSist*nt with the level of c~rc and skill ordinarily exercised by memburs of the ~ngineer{ng profession practicing
contemporaneously under simila~ conditions in the locality of the project, No other warranty, expressed or implied, is made.
~I.T.E ACCESS AND SITE CONDITIONS
CLIElffr will grant or obtain free access to tho site for all equipment and personnel nccca~ary for the GEOTF, CI-INICAL ENGINEF_R
to perform the work set forth in this AGREEM F.N'~'. The CLIENT will notify any and all possessors of thc project site that Gl, lENT
has grant,d GEOTF, CHN1C. AL ENGINEER f~*~ access to the site. 'fha GEOTECHNICAL ENGINEER will take reasonable
precautions to minimlz~ damag~ to the si~ but it is understood by CLIENT that, Jn the normal course of work, some damage may
occur and th~ oor~e¢~ion of such danzage is no'[ part of this AGKEtgMENT unless so specified in the PROPOSAL.
SAMPLe. DJS. POSAL
Thc GEOTECHNICAL F, NGINEER will dispos~ of all soil an~ rock samples 30 days ttft~r submission of report covering
samples. Further storage or ~'am-fer o£samples can be made at Client's expense upon CLIENT'S prior written r, que~t. All hazardous
matcriaia will b~ r~turned to CLIENT for disposal, unless other arrangemeuts have be,n made by CIA EN't'.
CONSTRUCTION MONITORING
If th~ GEOTF. C}tNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portion~ of tho constructio~ work as set forth in th~ PROFOSAI. then this phrase applies. For the specified assignment,'the
GEOTECHNICAI., ENGINEER will report observations and professional opinions to the CLIENT. No ~t~oll of the
GF. OTECI-I'IqlCAL ENGINEER or GEOTECHNICAL ENGINEER's site representative cam be construed as altering my
AGREEM2ENT between the CLIENT .-.nd others. The GEOTECHNICAL ENGINEEP, will repm'r any observed work to the ¢l,IEI',rl'
whiclg /n thc GEOTECHNICAL ENGINEER's profcssiou~.l opinion, does not conform with plans and specifications. Ih~
GI~OTECI-INiCAL ENGINEER has no tight to reject or stop work of}my a.geut of the CLIENT. Such rights t~re reserved solely for
thc CLIENT. Furthermore, the GEOTECHNICAL ENGINEER.', presence on ~itu du,s no[ in a,~y way guarant,o th, ~ompletion or
quality of thc performance of the work &any party retained by the CLIENT to provid~ construction related services.
Thc GEOTECHNICAL ENGINEER will not be responsible for and wilt not haw control or oho,ge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT ofth~ CLIENT, or safety precautions
and programs incident thereto.
BII.I.ING AaND PAYMENT
CLIENT will pay GEOTECI-I/qlCAL ENGiNE'ER the lump sum ttmount indicated in the PROPOSAL or, if no lump sum mount is
indicate, in accordance with the Schedule ofF,es, as Shown in the PI}.OPOSAL and its a~achment-q. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and Will be duo }md payable upon presentation. II'CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECI-INICAL ENGINEER in writing within fourteen (14) calmdttr days of the invoice
date, identify the cause of disagrepm,nt, auy pay when due that portion of the invoice not in dispum. Thc parties will immediately
make every etlbrt to settle tlxc disputed portion of the invoice. In the absence ofw~itt~n notification described above, the balance as
sta~d on the invoice will be paid.
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04/22/04 THU 10:41 TEL 7137771424 TOLUNAY-WONG ~007
Invoices arc delinquent if paynmnt has not been received within ~hirry (3 0) days from date of invoice, CL~NT ~1 p~y m
ch~a of 1-1/2 (] .2) parcent p~r mou~ (or the m~um ~r~ntag~ ~lowcd by law, whi~hcvcr h lower) on ~y del~queut
~x~t~ ~y portion of~c invoiced ~muut ~ d~pute ~d resolved in f~vor of CLIeNT. Paymefl~he~or ~1 ~b~ ~plied to
accrued intere~ ~d then to the pr~cip~l unpaid ~ounL ~ t~ ~u~ ~d ~s~ in~ (including ~y a~omey's fees) in
~o~on ~ ~ll~Hou of ~y d~linquent ~ount wili b~ paid by ~h~ CLIENT ~o GEOTEC~IC~ ~G~EEK p~r
GEOT~C['INICAL ENG.~ER's ~u~t f~ schedule. In thc cvcnt CL~ fail~ to pay GEOTEC~C~'~NGIN~K
sSW (60) days ~cr invoices ~e rendered, C~ENT ~rees that GEOTEC~C~ ENG~EK ~11 haw ~ right to co~idcr
~Mlure to pay the GEOTEC~IC~ ENG~R's ~voicc ~ a brach of~is AG~EM~T.
TERMINATION
Th~ AG~E~ may be termin~ed ~ ekh~r p~y s~ven (7) days ~ ~t~n notice. In ~c c~t of tc~in~o~
GEOTECHN[CAL ENG'~ER will be p~d for s~i~s poffomcd prior to fl~e ~tc of t~m~ination.
~EM~FICAT[ON
Except for the gross negligenoe or ~ntion~ misconduct of~c GEOTE~IC~ ENG~ CL~NT will indemni~ md hold
~a GEO~C~C~ ENG~EK h~mless ~om ~y cl~m by or Ii~ili~ ~om a ~ffd p~y Ibr inju~ or loss, ~s~g out
OEOTECllN [CAL ~NGI~ER's perfecto of~c ~c~s d~cfibcd ~ ~s AG~E~T. ~ ~denmiV shd[ not [~it, r[~
or prevent ~IE~ from ~ening my clams for liabili~ ~ain~ ~e G~EC~IC~ E~ und~ my one or mom
of r~covery, ~elud~g br~ach of contact, neg~n~, mict or stamto~ liabiliV or my other cruse of action
L~TATION OF L~B~ITV
The CL~ will limit any ~d all liabiliW or claim for d~mag~, cost of defensh or expeeses to be levied against
GEOTECHNICAL ENG[~ER to ~ sam not to exc~d $50~0~ or the amount of his fe~ whichever is greater, on account of
any d~ign def~, error~ omission, or prof~slonal uegllgenc~ The CLIENT s~ to nofi~ any eouff~e~r who perform work
in connection with ~e study prepared by the GEOTEC~CAL ENG~EER ofs~ch Iimltation of Iiabili~ and require a like
limi~tlou on ~etr part i~ favor of the GEOTEC~CAL ENG~E~ ~ the event the ~ fai~ to obmln a like
Iim~fion of liab[li~ provBion, the liabili~ of the CL~NT and the GEOTEC~IC~ ENG~EER to such cou~etor sh~ll be
allocated be~een the CLIENT and the GEOTEC~ICAL ENG~ER such that the lggregate ilabili~ of the
GEO~C~ICAL ENG~ER to all pa~ies, ~cluding the CLIENT~ shall not to ex,ed $50,000 or ~e amount of the
GEOIEC~CAL ENG~ER~s fee, whi~evcr ls greater. The GEOIE~CAL ENG~ msk~ no warrantim, eEher
exp~ssed or implied, except ~ set ~h above.
DISCO~RY OF ~TI~ATED ~ZA~OUS ~TERIALS
CLIENT waaanB a r,~onabl~ cffort ~o ~om GEO~C~ ~G~ER of~o~ or ~ub~,~d hmous m~s on or n~
fl~e proje~ site.
H~dous m~fials may *~st at a si~ wh~r~ ~crc is no rcason to believe ~ could or shoed be prcscnt. GEO~C~C~
ENG~K mid CL~NT agree ~at file discow~ ofh~ous materi~s constimms a dmnged condition mandating a r~ego~ation
of~e Scope of work or teminati0n of services. GEOTEC~ ENG~ER trod CLIE~ also agr,o ~ th~ di~ove~ of
h~dous materials may m~c it ncc~s~ for GEO~IC~ ENGIN~R to t~c im~cdiatc mc~urcs to protect h~ mtd
s~c~. CL~NT a~ccs to compensate GEOTEC~C~ ENG~Eh for ~y equipment deconmmln~ion or o~er co~ inMdent to
the discovery ofb~atdoas w~te.
GgO'I'ECI:IN[CAI'. ENGI'NEEK a~es to noti~ CLIENT when ha~rdous materials or st~spec~ed ham~rdo~s materials are
cncomt~cd, CL~ a~ces to m~e my disclosures required by law to the appropri~e go,ming ~encles. CL~NT also a~s to
hold GEOTEC~IC~ ENG~ER h~oss for ~y ~d dl conscqucnccs of disclos~c made by GEO~C~IC~ ENG~ER
which m~ required by governing law, 1~ ~be event the projec~ si~ is not omed by CL~NT, CL~NT reco~izes ~a[ it is
CL~T'~ rc~onsibili~ to infom ~c propc~ omer of tim di~ove~ of h~ardous m~eri~s or suspected h~doms materi~s.
Not wi[hs[md~g my o~cr prov~icns of thc AG~NT, ~NT waiv~ ~y claim ~n~ GEOTECH~C~ ENO~EE'I~ ~d
to th~ m~imum intent pemi~d by law, ~rees m defend, indemni~, and save GEOTEC~CAI, ENG~ER ha~l~q from any
cl~m, liabillv~ m~or defense cosB for inj u~ or 10Ss ~sing ~om GEO~C~ ENG~K's di~ovc~ ofk~dous m~ed~s
or suspected h~rdous me,dais ~cluding my co,ts crated by delay of~e project ~d ~y coos ~ociat~ wi~ possible reduc~on
of th~ prop~'s value, CL~NT will be responsible for ultlm~e dlspos~ of any samples secu~d by the GEOTEC~C~
ENGINEER which ~c fom~d to be coammin~ed.
GOVE~G ~W A~ SURVIVAL
Th~ law of th~ Stut~ of T~xas ~11 gov~ ~ v~idi~ or,ese TE~S, ~eir interpretation and pe~brmmce.
If ~y of~c provisio~ confined in fills AG~EME~ ~e held illegal, invalid, or unc~ur~blc, th~ cnforcc~i~ of~c rm~g
provisions will notbe imp~md. L~itatlons of liabili~ ~d indemnities will su~ive tenuinafion nf~e AGREEMF~T f~r my cause.
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