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R2017-235 2017-11-27
RESOLUTION NO. R2017-235 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Costello Engineering for design services, associated with the FM 521 Ground Storage Tank Project, in an amount not to exceed $237,100.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering design services associated with the FM 521 ground storage tank. a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for engineering design services associated with the FM 521 Ground Storage Tank Project. PASSED, APPROVED and ADOPTED this the 27''' day of November, A.D., 2017. ;7)-n`/ ) TOM REID MAYOR ATTEST: ,11111,,' • 'F ..... NGL NG, MCJ =� I SE ETARY • APPROVED AS TO FORM: C,„j, C4, DARRIN M. COKER CITY ATTORNEY Resolution No. R2017-235 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Costello, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as FM 521 Ground Storage Tank Expansion ("PROJECT"). (Project #WA1701) 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 perform design services for the tank and appurtenances. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. 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 Design 1 of 5 DI. Revised 1/14 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. 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. Design 2 of 5 DI. Revised 1/14 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end 9 months from NTP for Design services and run concurrently with construction for construction phase services. 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) $173,190.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $20,760.00 3. Bid Phase Services (Hourly Not to Exceed) $5,040.00 4. Construction Phase Services (Hourly Not to Exceed) $33,110.00 5. Reimbursable Expenses (Not to Exceed) $5,000.00 6. Total: $237,100.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV = THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANTS responsibility for errors or omissions of the CONSULTANT or Design 3 of 5 D1. Revised 1/14 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 9990 Richmond Avenue, Suite 450, North Building, Houston, TX 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 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees,, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by Design 4 of 5 D1. Revised 1/14 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. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. CONSULTANT 'i? -144&I €:p,� 6ve&" /1, ?'7. / 7 DATE ///2// 7 DATE Design 5 of 5 D1. Revised 1/14 Costello November 1, 2017 Mr. Skipper Jones Capital Projects, Assistant Director 3519 Liberty Drive Pearland, Texas 77581 Re: Engineering Services Proposal FM 521 Ground Storage Tank and Appurtenances Dear Mr. Jones: Costello, Inc. (CI) is pleased to submit a proposal to provide surveying and engineering services for the referenced City of Pearland water system ground storage project. Scope of Work We understand that the City wants to construct an estimated 2.3 MG concrete ground water storage tank at the existing Far Northwest take point and booster pumping station (south of FM 521 and FM 2234 intersection). The scope of work at the City of Pearland Northwest Water Plant Pumping Station 1111 (Shadow Creek Water Plant) is proposed to include: • A new ground storage tank (GST) - prestressed concrete, maximizing capacity w/in the existing site • Pursue TCEQ approval of removal of on site hydro pneumatic tank • Associated yard piping associated with the GST addition • Selection and addition of active flow blending improvements inside 3 GSTs • Associated plant site civil and mechanical associated w/ the additions Costello would be providing surveying, preliminary engineering, final design, and limited construction phase services. Geotechnical Services would be provided through a subconsultant agreement with Raba Kistner, Inc. All electrical, pump, controls, and instrumentation improvements for the plant would be provided under a separate contract between U/A Engineering and the City. The storage tank Improvements will Initially operate w/ the existing electrical, controls, and Instrumentation in place. Assumptions: • 'I'he tank fill line will include a motorized valve like the two existing tanks to regulate flow into the tank. That valve will not operate without power and instrumentation wiring to power it and integrate the control into SCADA. This work will need to be incorporated into the LJ/A contract. • The tank will include a flange on the roof in this contract, such that an ultrasonic flow sensor and the accompanying power/control conduit and wiring can be added at a later date as part of the second contract by others. It is anticipated that until that sensor is installed and integrated into the 713.783.7788 1 www.costelloinc.com 9990 Richmond Avenue, Suite 450, North Building Houston, Texas 77042. Costello Engineering & Surveying Principled. Practical. Proven. TUF'E No. 280 TE3PLS No. 100188 SCADA by others that the tank will "float" at the same level as the other tanks and the existing level sensor in the existing tanks can be used to monitor all three tank levels. • The tank will include a hatch and flange in this contract, such that an active tank mixer (such as Medora SolarBee/GridBee or Pax/Tank Shark mixer) and integral power/control conduit and wiring can be routed into the tank. A junction box and the remaining power/control wiring to power and control the mixer will be added at a later date as part of the second contract by others. Recommendations will be made as to the modifications during the PER phase as to the modifications that would be required to add active mixers to the two existing tanks. However, modifications of the two existing tanks to add mixers is not planned in this contract. • The hydropneumatic tank is planned to be demolished in this contract to make room for a larger ground storage tank. The booster pumps are operating based on the pressure/level that is being measured at the hydropneumatic tank. Once that tank is removed, an alternate method will be needed to control the pumps. This work will need to be incorporated into the LJ/A Contract. • In order to confirm that the hydropneumatic tank can be deleted, the City will provide to Costello any existing records regarding how much elevated storage capacity is currently in place and planned and the number of connections that are currently being served and planned to be served. If an alternative capacity approval is currently on file with the TCEQ a copy of this will also be needed. The work tasks are as defined in the City's Exhibit "A" for "Water Facility Scope of Services". All design would be In compliance with current City of Pearland, Texas Commission on Environmental Quality, Environmental Protection Agency, and American Water Works Association rules and regulations for Public Water System components. Compensation The basic services described in exhibit "A" would be compensated on a lump sum basis as indicated in the attached level of effort estimates. Basic Services: Preliminary Engineering—$54,600 Final Design Services - $118,590 Bid Phase Services - $ 5,040 Construction Phase Services - $ 33,110 Additional Services would include: Topographic Surveying - $8,000 Geotechnlcal Engineering - $11,600 (RKI proposal) x 1.1 = $12,760 Reimbursable Expenses - $5,000 (as authorized by City) Costello Engineering & Surveying Total Engineering Fees for the project would be $ 237,100 - not to be exceeded without prior authorization from the City. Schedule The preliminary engineering report would be provided within 75 calendar days of a written notice to proceed with the work. Any comments received would be incorporated Into the 60% design submittal. The 60% PSE would be provided within 60 calendar days after receiving all review comments on the preliminary engineering report. The 90% design submittal would be submitted within 45 calendar days of receiving all comments on the 60% submittal. The 100% design submittal would be submitted within 30 calendar days of receiving all 90% comments (subject to utility signature schedules). We appreciate the opportunity to provide this proposal for engineering services to the City and look forward to assisting the City Implement this important City Water Storage project. Sincerely, COSTEI.LO, INC. Samuel W. ruse, Jr., P.E. Vice President, Municipal Services W:\Users\Sabrina\SAM KRUSE\8.17.17\Draft Proposal_Formatted.Docx Costello Engineering & Surveying PHASE l & fl BASIC SERVICES LEVEL OF EFFORT (LOE) F•EE ESTIMATE City of Peerland FM 521 Ground Storage Tank Principal Project Professional FLinager Engineer Graduate Engineer CADD Technician Admin. TotzI Cost Assis�et Total Hours DIRECT LABOR COST S 70 5 65 15 so I s 4s 5 45 15 30 HOURLY RATE INCLUDING MULTIPLIER (3X) S 210 5 195 Is tso 1 5 135 S 135 S 90 A - PHASE 1 BASIC SERVICES -PRELIMINARY ENGINEERING 2 4 4 0 2 12 S 1,980 1. Project Kick Off Meetino 4 8 0 0 12 S 1,980 2 Data Gathering 2 4 8 0 0 14 $ 2,400_ 5 1,980 3. Agency Coordination 4 8 0 0 12 4. Private U iTity C0o41:00e5on 4 4 4 0 12 S 1.920 5. Surveying 2 4 0 0 6 S 990 6. Geotechnical Study 2 2 8 0 0 12 S 2.010 7. Mfr Coordination 4 8 24 0 0 38 S 6.000 8. Storage Tank Pretrcn Design / Alterative Analysis 4 16 24 4 48 S 6,780 9. Yard Piping Prelim Design 4 6 16 0 26 S 3,840 10. Appurtenances Pnddn Design 2 4 4 8 0 18 5 2880 11. Prefan Cost Estimates 4 16 8 2 30 S 4,440 12 Draft PER 3 4 1 40 16 16 79 S • 11,010 13. Final PER 1 4 1 24 0 8 45 S 6.390 Total Preiminary Engineering Hours Total Preliminary Engineering Fee 16 5 3.350 56 5 10.920 174 5 25.100 0 5 - 84 S 11,340 32 5 2.880 362 5 54.800 S 54600 B - PHASE 2 BASIC SERVICES - FINAL DESIGN 1. Coordination, Permits & No -Objection Letters 1.1 COH (Meetings, Correspondences ' 6 18 38 0 3 3 66 S 10 845 1.1.1 Monthly Pro rens Meetings (9) 1.1.2 Other Special Meetings called by COP (3) 6 12 _ 12 0 3 1 34 0 5 5,895 12 Regulatory Agendas 1.2.1 Coordination with TCEQ ( Plan Review and Hydro Tank Elimination Precesss) 2 0 8 2 12 4 • 0 0 2 0 2 • 0 26 6 5 4,230 5 990 1.2.2 Coordination w/ Drainage District 1.3 Private Utilities 0 0 2 8 0 0 0 10 5 1.590 1.3.1 Centerpoint Coordnation/Review/ Signatures Process 1.32 AT&T Coordana8onfReview/ Signatures Process 0 2 4 0 0 0 6 S 990 1.3.4 Cable Company Coorddta50n/Review Process 0 2 4 0 0 0 6 S 990 1.4 Coordination with adjacent Projects 2 0 4 0 8 0 0 0 0 0 0 0 14 0 S 2,400 1.5 Coordination with Pipeline Companies Subtotal Hours 16 50 88 0 8 6 168 Subtotal Fee S 3.360 S 9.750 S 13.200 S - 5 1.080 S 540 27930 S 27.930 _ _ -- _ _ - -. ---- _ -- ---_ 2 Data Collection and Design Support • 0 2.1 Project Management & Controls (sub cooed. invoicing. schedule updates, internal mtngs.) 4 2 36 4 4 8 0 0 - 0 0 0 0 44 14 S 8.460 5 2,400 2.2 Ott Review, and U8Tzze Record Drawings 2.3 Obtain, Organize and Incorporate Surrey Data and Record Drawings 0 0 8 0 0 0 8 S 1,200 2.4 Calculations( Pressure Maintenance, Joint Restraints, Prpng Desi Misc) 0 4 16 0 0 0 0 0 0 20 34 S 3,180 S 5,580 2.6 Sheet by Sheet QuantityTake-offs & Cost Estimate (60%, 90% and Final) 2 8 24 2.7 Site Visits (Including with City PM and Construction) 4 0 9 2 8 8 27 4 16 8 6 6 0 0 0 0 0 0 0 0 0 0 0 0 28 16 42 12 5 ' 4.800 S 2,760 S 8.055 S 2.100 2.8 Coordination wall Vendors for product and pricingshpt port 2.9 Quaftty Assurance / Quality Control (60%, 90%, and Final) 2.10 Construction Review Committee Meeting Subtotal Hours 23 99 96 0 0 0 218 Subtotal Fee S 4.830 S 19.305 5 14,400 5 - S - S - 38535 5 38.535 11.01 do1/pJ0 PHASE 1 & 11 BASIC SERVICES LEVEL OF EFFORT (LOE) FEE ESTIMATE City of Pearland FM 521 Ground Storage Tank PrincipalProject Manager Professional Engineer Graduate Engineer CADD Technician Admin Assistant Total Cott Total Hour DIRECT LABOR COST S 70 5 65 5 50 S 45 I s 45 5 30 HOURLY RATE INCLUDING MULTIPLIER (3X) 5 210 5 195 s is, 5 135 S 135 5 90 3.0 Drawings 0 3.1 Trite Sheet Index General Notes. Legend & Abbreviations. Location/Area Map, Piping Schedule 0 2 12 0 12 0 26 S 3 810 32 Overall Site Plan 0 4 8 0 8 8 0 0 20 20 S 3,060 5 3 050 3.3 Enlarged Site Plan 0 4 8 0 3.4 Horizontal Control Layout 0 1 4 0 4 0 9 S 1,335 3.5 Paving and Drianage Sheet 0 4 8 0 8 0 20 S 3,060 S 5 340 3.6 Ground Sborage Tank Plan and Sections -2 sheets 0 4 16 0 16 0 36 3.7 Tank Details 0 4 8 0 8 0 20 S 3,050 3.8 Yard Piping Plan 0 4 16 0 8 0 28 S 4,260 3.9 SWPPP 0 4 8 0 4 0 16 S 2.520 3.10 HydropneumaticTank Demob on & Decals -2 sheets 0 4 8 0 16 0 28 S 4,140 3.11 General Crani Details (and. excavation, bedding, backfill) -2 sheets 0 0 8 4 12 8 0 0 16 8 0 0 36 20 5 5,520 S 3.060 3.12 Misc. Mechanical Details-1 sheet Subtotal Hours 0 47 116 0 116 0 279 Subtotal Fee S - 5 9.165 S 17.400 S - S 15.660 S - 42225 5 47 775 4.. Project Manual 0 4.1 Prepare Division 00 Documents 2 4 8 0 0 0 14 S 2400 4.2. Prepare Division 01 Documents 2 4 8 0 0 0 14 S 2,400 4.3 Standard Specifications and Supplements 2 4 10 0 0 0 16 S 2,700 4.4 Specialty Specifications and Supplements (Guide specifications) 2 4 8 0 0 0 14 S 2.400 Subtotal Hours 8 16 34 0 0 0 58 Subtotal Fee S 1.680 S 3.120 $ 5.100 S - S - S - 9900 5 9.900 5. Advertise] Bid (Award 0 5.1 Ques5ons!Addenda 2 2 6 0 0 0 10 S 1,710 S 990 52 Pre-Bid Mee5nq 0 2 4 0 0 0 6 5.3 Evaluate Bids and Prepare Bidtabs and Recommendation Letter 2 6 5 0 0 0 13 S 2.340 Subtotal Hours 4 10 . 15 0 0 0 29 Subtotal Fee S 840 S 1.950 S 2.250 S - 5 - S - 5040 S 5.040 Total Fnai Design 1 Bid Phase Services Fees S 123.630 Ls.n..,vr-r--rc r.:.2.t-- J PHASE 01 BASIC SERVICES LEVEL OF UFORT- FM 521 Grand Storage Tank City of Peada;nd ACtfvity Principal Page 1 of 1 Project Manager Project Engineer CARD Technician Admin Assistant Sub -total Man-hours Subtotal (Cost S) 5210.00 5195.00 5150.00 5135.00 590.00 570.00 x3.0 565.00 x3.0 550.00 _ x3_0 545.00 I _ x� 530.00 _. x -' Pre-ConstrucSon Meeting / Pmgrces Meetincs (A_.,... 9 tow ) 4 8 24 0 9 45 56.810.00 ConstrcxSon Sae Obseva5on Visits (Krems aee nacre*. s mceelc =nee') 4 4 20 0 0 28 34.620.00 Review and Respond to Submittals / RFPs / WP's / Change Orders / in -Field Invesioations and Solutions /etc (20 submr�Ls&RF1/RFP/Chanoe Orders assumed) 2 8 40 0 12 62 59.060.00 Monthly Construction Activity or Non -Activity Report, 2 4 9 0 9 24 53.360.00 Substantial Final Completion Walk Through 1 2 8 0 0 11 51.800.00 1 2 8 16 0 27 53.960.00 Record Drawirnas (Review / Verify 1 Incorporate A -.81:e0 14 28 109 16 30 137 529.510.00 Travel 5 500 S 1.500 52.000.00 Postage/Cagier 5 1.000 51.000.00 Printing / Copying 3 500 5500.00 14 28 109 16 301 197 $33,110.00 Page 1 of 1 EXHIBIT A WATER FACILITY SCOPE OF SERVICES FOR FM 521 Ground Storage Tank Expansion TASK 1 Design 1 ors D13.1tcvised 2016 BASIC SERVICES: The Consultant shall render the following professional engineering services to the OWNER in connection with the construction of the Project. Preliminary Design Phase Services 1, Data Collection . a) Attend Design Kick -Off meeting with City. I. Review City informational resources and make arrangements to obtain these. ii. Discuss objectives of project and adjacent projects, b) Procure such additional data as required through other services and/or sub consultants. • c) Provide survey (existing conditions & topo) info d) Geotechnical data as required, with recommendations for foundation types . 2. Prepare and Submit Preliminary Engineering Report (PER), consisting of, but not limited to: I. Evaluate removal of existing hydrostatic tank through variance with TCEQ. Ii, Proposed size and location of an on -grade potable water storage tank, ili. Proposed yard piping to connect the proposed tank to existing infrastructure. iv. Identify all water sources, and develop appropriate mixing plan to homogenize water produced by the facility v. Proposed construction methodology and materials. • vi, Cost estimate with 20% contingency. vil. 30% Plans consisting of Plan & Profile Topographic Analysis of Utility Relocation Effort required In notification of utility companies. Design 2 ()CS 1)13. Revised 2016 viii. Review, consolidate and prepare written response to City's review comments. ix. Review report per comments and submit final former report x. Present report on estimated cost, Design Phase Services a) Prepare Construction Plans and Specifications b) Cost Estimates I. Submit for review detailed construction plans at 60% & 90% IL Project specification table of contents at 30%, full specifications at 60% and 90% - include bid form & completed "front end documents" at 90%. Submit 60% & 90% plans to Utility companies and coordinate work for relocation or service changes, if required. Iv. Coordinate with external regulatory and permitting agencies, including but not limited to TCEQ, TXDOT, Fort Bend Drainage District & USACE (US Army Corp of Engineers). v. Provide Traffic Control plan and SWP3 plans and specifications, If required. vi. Submit plans for City Engineer's signature. vii. Prepare bid sets for distribution via the .City's e -bid system. Design 3 of 5 I)13, Revised 2016 Bid Phase Services 1. Bid Phase Services a. Provide Invitation to Bidders and list of bid items to the Project Manager In an electronic form appropriate for the e -bid system format. City Is responsible for advertising. b. Provide electronic copy of bid -ready plans and protect manual to the Project Manager for the e -bid system. c. Chair pre-bid meeting and attend Bid Opening d. Respond in writing to questions from bidders and prepare addenda, coordinate with Project Manager as necessary. e. Prepare Engineer's Recommendation of Award Letter that includes the following required content: I. Add Engineers estimate in the first column of the bid tabs. ii. Review for unbalance bid items III. Certify Bid Tabulation including Engineer's estimate iv. Review of contractor's financial standing and references provided v. Explanation of discrepancies between the Engineer's estimate and bids vi. Recommendation to award 2. Attend City Council meeting and recommendation for award of Contract for Construction. 3. Produce and transmit to selected contractor five (5) sets of plans and project manuals in hard copy, and one electronic format copy to Protect Manager, in a format ready for execution with City's Notice of Intent to Award (NO1). Design 1 of 5 D13. Revised 2016 Construction Phase Services 4. Construction Phase Services a. Construction Administration 1. Chair pre -construction meeting to provide information & answer questions ii. Attend monthly progress meetings with Construction Manager,.Contractor & City of Pearland (1-2 meetings per month) Review, comment, and approve on Construction's submittals, RFIs, RCOs Including coordination with Construction Manager on Change Directives & Change Orders using the City of Pearland's Pro Trak system . Iv. Review & approve monthly pay applications coordinating with Construction Manager using the City of Pearland's Manage It system v. Provide Interpretive guidance for Contractor, Construction Manager in resolution of problems vl. Coordinate with Construction Manager to review progress of work for Substantial Completion; with production of punch list; substantiation that Items are completed; and Issue both Certificate of Substantial Completion & Final Acceptance vii. Issue letter to City recommending acceptance & release of final payment viii. Coordinate contracts, CM/CI to provide complete record of As-Builts ix. Provide Record Drawings from Contractor's As-Builts in electronic format (CD) & hard copy format Definition: 1) As-Builts "redlines": Contractor's record of field changes to the work In line, grade & elevation 2) Record Drawings: Engineer's incorporation of contractor's As-Builts Design S of 5 D13, Revised 2016 Proposal No. PHA17-093-00 October 11, 2017 Mr. Sam Kruse, P.E. — Partner/Vice President Costello Engineering & Surveying, Inc. 9990 Richmond Avenue, Suite 450 North Building Houston, Texas 77042 Re: Revised Proposal for Geotechnical Engineering Services New Ground Storage Tank Northwest Water Treatment Plant Pearland, Texas Dear Mr. Kruse: RABA Imo' KI NEl4 CONSULTANTS Raba Kisblor Consultants, Inc. 3602 Wostcheso Houston, TX 77042 www.rlccl.cosn P 713 :: 996 :: 8990 F 713 :: 996 :: 8993 TOP& Firm F•3257 On the basis of your email transmittal received by our office on October 11, 2017, Raba Klstner Consultants, Inc. (RICCI) is pleased to submit this revised proposal for Geotechnical Engineering Services to Costello Engineering & Surveying, Inc. (CLIENT) for the above -referenced protect. The broad objectives of our study will be to determine subsurface conditions at the subject site and to provide foundation construction recommendations for the proposed new ground storage tank. Described In this letter are: • our understanding of currently perceived project characteristics; • • our proposed scope for field and laboratory study; • our proposed scope for engineering evaluation and reporting; • our tentative project schedule; and • our project lump sum fee. Project Description Based on Information provided by you, the project consists of the construction of a new ground storage tank (GST) within the existing Northwest Water Plant located at 1907 Almeda Road In Pearland, Texas. The proposed tank will be a prestressed concrete tank supported on a reinforced concrete slab with a thickened edge. The new tank will exterior/Interior• diameters of 114 -ft and 110 -ft, respectively, and a water height of about 32 -ft. The site as viewed in Google Earth and Google Street View (Image date November 2016) Is grass covered and open, and Is accessible to conventional drilling equipment, 01. Son Antonio • Austin • Brownsville • Dallas . Houston . lAcAllon . Monlco • Now Braunfels . salt Lnko City Proposal No. PHA17-093-00 2 October 11, 2017 Field Study We propose to conduct the following drilling scheme In order to assess subsurface conditions at the subject site. New 1 MG Tank .iVumber.of Borings Depth, ft* Center 1 140 'Perimeter 3 30 * below the existing ground surface elevation, or auger refusal, whichever occurs first. We understand that CLIENT will provide RICCI the location of the tank center prior to the field work. RICCI will then stake the proposed boring locations and perform the necessary One -Call notifications prior to beginning the field drilling activities. . Samples will be taken using conventional split -spoon and/or Shelby tube sampling techniques In general accordance with applicable American Society for Testing and Materials (ASTM) standards. Representative portions of the samples will be sealed, Identified, packaged, and transported to our laboratory for subsequent testing and classification. Immediately following completion of drilling activities, water level readings, if applicable, will be recorded for the open boreholes and the boreholes wlll-be backfilled using the auger cuttings generated during the drilling operations. Laboratory Study Upon completion of the subsurface exploration, a testing program will be designed to define the strength and classification characteristics of the foundation soils. The laboratory testing program is anticipated to include moisture content tests, Atterberg Limits (plasticity) tests, unconfined compressive strengths, dry unit weight determinations, consolidation, and grain size analyses. However, the actual type and number of laboratory tests will be based on the subsurface conditions encountered In the borings. The laboratory testing will be performed In general accordance with applicable ASTM standards. Engineering Analysis and Report The field and laboratory phases of the study will be reviewed by our staff of engineers and geologists.' The results of our review, together with the supporting field and laboratory data, will be presented In a written engineering report. Included therein will be recommendations concerning the design and construction of the concrete tank foundation. The Geotechnical Engineering Report may Include the following Information and recommendations, If applicable: RA13AKI S1'NErt Proposal No. PHA17-093-00 3 October 11, 2017 • A summary of the field and laboratory sampling and testing program; • Boring Togs and laboratory testing results; • A review of the general site conditions including a description of the site, the subsurface stratigraphy, groundwater conditions, and the presence and condition of fill materials, If encountered. • Foundation design considerations and recommendations, including: expansive, soil -related movements using an empirical method for predicting Potential Vertical Rise (PVR) developed by the Texas Department of Transportation (TxDOT); - methods for reducing expansive, soli -related movements to about 1 Inch; — edge shear and base shear considerations; — available bearing capacity; subgrade modulus (k); — settlement estimations for tank edge and center; and - groundwater considerations. • Foundation construction considerations, including: — site drainage; — site preparation; - evaluation of existing stabilized ground and non -treated ground underneath proposed tank footprint and Its Impact on tank performance; - stabilization options for the non -treated area underneath new tank; criteria for select fill materials; - shallow foundation excavations; - potential reuse of on-site materials as select fill materials; and - fill placement and compaction. Our scope of work does not include a geologic fault study. Since site grading plans can result In changes In the foundation conditions, final site grading plans will be helpful information in the preparation of engineering recommendations. In the absence of final site grading Information, we will prepare recommendations based on the existing ground surface elevations. The final report will be reproduced electronically. Tentative Project Schedule Based on our present workload and weather permitting, It Is anticipated that the field exploration phase of this study can begin within three to five working days of receiving written authorization to proceed, provided that the site is accessible to our truck -mounted drill rig and the CLIENT has supplied us with all available Information regarding existing utilities and below -grade structures on site (If any). The field RABA K1STNEt Proposal No. PHA17-093-00 4 October 11, 2017 exploration and laboratory testing phases of the study are expected to take approximately 15 working days to complete. The engineering report will be submitted within an additional 10 working days following completion of the laboratory testing. The above schedule does not account for delays due to Inclement weather. We will be pleased to provide the design team with verbal design information as the data becomes available. Lump Sum Cost The total lump sum cost for the study outlined herein Is $11,600.00. Should unusual subsurface conditions be encountered In the field that Indicates the desirability of significantly broadening the scope of the study, we will contact you to receive written authorization before proceeding with any additional work. Additional services will be billed on a unit basis In accordance with our standard fees as Indicated on the attached Schedule of Fees for Professional Services. RICCI requests that CLIENT provide a site plan of the project site Illustrating the location of the proposed GST. It Is our understanding that access to all boring locations for a conventional, truck -mounted drilling rig will be provided by the CLIENT prior to our field exploration services. Historically, the cost of our field services Is about 45 percent of our total fee. These services are predominantly provided by subcontractors. In order to promptly pay our subcontractors and continue to be able to respond to your needs, we will send you an Interim Invoice for 45 percent as soon as the field exploration phase of our study Is complete. It should be noted that our study scope (and project cost) do not Include plan review or earthwork and foundation excavation observations during the .construction of the project. However, plan review and construction observation costs should be Included in the protect budget. It should also be noted that our study scope (and protect cost) do not Include professional time or travel expenses for participation In design team meetings. If these services are required, they will be billed at our standard billing rates for professional time plus expenses. Acceptance We appreciate the opportunity of submitting this proposal and look forward to working with you In the development of this project, which will be carried out accordance with this letter and the following attachments: Attachment Description Standard Terms and Conditions II Schedule of -Fees RA13A1(1S1 NrR Proposal No. PliA17-093-00 5 October 11, 2017 Please return one signed original of this contract to provide written authorization for our flim to commence work on the services' outlined herein. Our invoices are due and payable upon receipt at P.O. Box 971037, Dallas, Dallas County, Texas 75397-1037. RICCI considers the data and information contained in this proposal to be proprietary. This statement of qualifications and any information contained herein shall not be disclosed and shall not be duplicated or used in whole or In part for any purpose other than to evaluate this proposal. Very truly yours, , RABA ICISTNER CONSULTANTS, INC. Accepted By John D. Brown, P.E. Manager, Geotechnical Services JDB/dar Attachments (Signature) (Typed or Printed Name) (Title) Date: RABA1(1STNRR Proposal No. PHA17-093-00 Attachment I • October 11, 2017 DA BABA KISTNER STANDARD TERMS AND CONDITIONS 1. SERVICES. Raba I<Istner, Inc., by and through ono of Its subsidiaries (Raba Kidner Consultants, Inc., Raba Klstner Envlronmental, inc., Raba Klstner Facllilles, Inc. or Raba Klstner Infrastructure, Ino.) (the relevant subskllary, being engaged to provide the services to CLIENT•In connection with the delivery of this Instrument, Is referred to as "RK" herein) Is being engaged by the CLIENT to render professional services ('Services') Involving only RK's advice, Judgment and opinion. RIC may aubcontract all or a portion of the Services performed hereunder. RK shall apply professional Judgrrlent In determining the extent to which R1( complies with any given standard Identified In RI('p Instruments of professional services. CLIENT expressly acknowledges that RK makes no warranties or guarantees, expressed or Implied, regarding the Services. 2. JNFQRMATION PROVIDED BY CLIENT, CLIENT may provide or direct RK to utilize or rely upon certain Information ('CLIENT Information') In the performance of RIVs services. RK shall bo entitled to rely upon such CLIENT Information. RIC v411 not conduct an Independent ovatue11lon of lite accuracy or completeness of such CLIENT Informellbn end shell not be responsible for any errors or omissions In such Information.. RK's report, as well as any recommendations, findings, and conclusions made by RI(, are dependent on information received from CLIENT. Changes or modificallons to the information provlded by CLIENT oan affect RK's evaluellon, recommendations, findings and conclusions, and CLIENT agrees—as a material term of this Agreement—to notify RI< immediately, In %%siting, If CLIENT becomes aware of any such changes or modlflcations, Including changes to the size, scope, location, or other material characteristics of CLIENT'e project. The CLIENT shall be responsible for providing the location of ell underground utilities and other structures in the vicinity of •RK borings or excavations. RI< %Ail not occopt responsibility end will not be liable for effecting or damaging any underground utility, underground storage tank, or other subsurface condition not previously Identified end located, or Improperly located, by the CLIENT, a utility, or a ulNity locating agency. 3. SITE ACCESS AND SITE SAFETY. CLIENT shall provide OM - of entry to the buildings and sites which are the subjects of RK's services. CLIENT represents (hat It possesses authority for such right -of -entry end that the building/site operator(s) possess the necessary permits and licenses for current acllvltles et the alto. RK shall be responsible for eupervislon and site safety measures of Its own employees and subconsullants, but shall not be responsible for the supervision or health and safely precautions of any other parties, including CLIENT, CLIENT'S contractors, subcontractors, or other parties present at the silo. 4. SUBSURFACE EXPLORATIONS, Subsurface conditions throughout the site may vary from those depicted on loge of discrete borings, test pits, or other exploratory services. CLIENT understands Rles layout of boring and lost locallons Is approximate and that RI< may deviate a reasonable distance from those locations. RK vii take reasonable precautions to reduce damage to the site when performing services; however, CLIENT. accepts (hat Invasive services auch as drilling or sampiing may damage or alter the site. Site restoration Is not provlded unless specifically Included In the scope of services. 6. CHANGED CONDITIONS, if, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to RK are uncovered or revealed, to the extent that they affect the scope of son/Ices, compensation, schedule, alocation of risks or other material terms of this Agreement, RK may call for. renegotiation of appropriate portions of this Agreement. RK shall notify the CLIENT of the changed conditions necessitating renegotiation, and RK end the CLIENT shall promptly and In good fah enter Into renegotiation of this Agreement to address the changed conditions. If changes cannot be agreed to with respect to changed conditions, the parties shell utilize the Dispute Resolutlon/Liligatlon procedures In this Agreement. B. TESTING AND OBSERVATIONS, CLIENT understands that testing end observation are discrete sampling procedures, end that such procedures Indicate condillons only at the depths, locations, end limas the procedures were performed. RI< will provide lost results end opinions based on tests and field observations only for the work tested. CLIENT understands That testing and observation are not continuous or exhaustive, and are conducted to reduce — nol eliminate — project tisk. CLIENT agrees to the level or amount of testing performed end the associated risk. CLIENT Is responsible (even If delegated' to contractor) for notifying and scheduling RI< so RK can perform these services. RK shall not be responsible for the quality and completeness of contraolor's work or their adherence to •the project documents, end RK's performance of testing and observation services shah not relieve contractor In any way from its responsibility for defects discovered In its work, or create a warranty or guarantee. CLIENT acknowledges that RK will not supervise or direct the work performed by contractor or Its subcontractors and Is not responsible for (hair tneans and methods. 7. J_STIMATE OF FEES FoR CONSTRUCTION AND MATERIALS TESTING SERVICES, If Included as part of RK's proposal, RK will, to the bast of Its ability, perform tho scope of services related to Construction and Materials Testing Services within the proposed fee estimate provided by RIC. RK's proposal fees are based upon an estimate of the services required to meet the specifications for the project and following generally accepted engineering practices. The CLIENT recognizes that unforeseen circumstances along with changes in scope and projecllcontractor's schedules can Influence the successful completion of the scope of services within the estimated proposed fees. Because the contractor has sole control over the project and determines the means end methods used to build/construct the project, RK's servke fees are estlmates and not lump sum or guaranteed maximum fens. The CLIENT Is fully responsible for payment of all services provided, Including retests of contractor's felled areas. 0, REPORTS, RK may provide CLIENT with written reports in connectlon with the Services performed. Such reports will present such findings and conclusions as RK may reasonably make with the Information gathered whlto performing Its services, and provided by CLIENT. The reports may be copied for Inclusion In other documents related to the project provided it is reproduced In its entirety; however reports and other Instruments of service aro prepared for, and mado available for, the solo use of the CLIENT, end the contents thereof may not be used or rolled upon by others without the express wrillen authorization of RK. Any unauthorized use or distribution shall be et the CUENT'a sole risk and without liability to RK.. 0. TOXIC AND HAZARDOUS MATERIALS. CLIENT" shall provide RK with all Information within CLIENT'S possession or knowledge as to the potential or presence of toxlo or hazardous materials or pollutants et the site. CLIENT agrees that RIC neither created nor contributed to the creation or existence of any (oxlip or hazardous RABAKISTNER Pao 1of3 ADMI00 07/31/2013 Proposal No. PHA17-093-00 Attachment 1 October 11, 2017 materials or pollutants. In no event ehall 111< be required to a!gn a hazardous waste manifest or take ownership of any toxic or hazardous materials or pollutants. If unanticipated tole or hazardous materials or pollutants aro encountered while performing We services, RK reserves the right to stop Hold operations and noffy the CLIENT and CLIENT assumes responsibility to notify appropriate regulatory agencies. RK end CLIENT Must muluslly agree to remobilize, 10. NO THIRraPARTY BENEFICIARIES, Tho services and any report(s) prepared under this Agreement are for the sole banellt and sole use o1 CLIENT and ere not for the US() of any other party or person. Only CLIENT may rely upon the services and any report or work product. Nothing In this Agreement, or any subsequent amendments or modifications, or In any report Issued under this Agreement, shall create a contractual relationship with or a cause of action in the favor of any third party against either Ri( or CLIENT. If CLIENT provides a copy of any report prepared by RK to otters, It shall advise the recipient that the Information contained In the report Is provided for Information only and is not to be relied upon by third parties. 11. ).EED PROJECTS, Unless specifically addressed elsewhere In Liils agreement, RI( has no responsibility or 'fatality, including duly to defend or duty to Indemnify, any party (including but not limited to CLIENT, owner, owner's 'agenla, nrchltects, engineers, contractors, construction managers, subcontractors) for the LEED certification process Including: developing, producing, or retainlrg any documentation relating to the calculation of LEED points; and attainment of LEED certification points or LEED ratings. 12. STANDARD QF CARE, RK shall perform Its professional services In accordance with the standard of caro and diligence normely practiced by prdfesslonal firma In performing services of a similar nature, In the same locality, under similar circumstances. CLIENT expressly acknowledges that RK makes no other warranties or guarantees, expressed or Implied, regarding Its professional services or Its work product, • 13. NISK ALLOCATION, RK will be responsible only for its own work, and that of Ile sub consultants, and not for detects In the work designed or bult by others, 14. LIMITATION OF LIABILITY, CLIENT AND RK HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING RK'S FEE RELATIVE TO THE RiSKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RK (AND ITS RELATED ENTITIES, EMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES) TO CLIENT (AND THIRD PARTIES GRANTED RELIANCE ON RK'S WORK PRODUCT, OR OTHERWISE SEEKING RECOVERY UNDER THIS AGREEMENT) 1S LIMITED TO THE GREATER OF $100,000 OR THE FEE PAID Ric UNDER THIS AGREEMENT, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF RK'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(e) ORTHE THEORY OF LIABILITY, 16 CONSEQUENTIAL DAMAGES, Neither CLIENT nor RK vAll be Ilabfe to the other for any special, consequential, Indirect, Incidental or penal losses or damages of any kind, nor will CLIENT or RK bo Ilable to the other for losses, damages, or clalrns, regardless of how defined, related to; lost profile; unova'Iobtllty of property or facilities; shutdowns or service interruptions; Cosa of use, , revenue, opportunity, or Inventory, use charges, carrying costa, Dost of substitute foclllfos, goods, or services; cost of capital, or alalms of any other party and/or Its customers, 18, SUSPENSION OF SERVICES, If the CLIENT falls to make payments when due or otherwlse•Is In broach of this Agreement, RK may suspend performance of services upon seven (7) calendar days' nolloo to the CLIENT. RI( shall have no liability whatsoever to the CLIENT for any costa or damages es a result of such suspension. Upon payment In full by the CLIENT, RK may resume services under this Agreement, and Ihq Ume schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable Ume and expense necessary for RK to resume performance. Payment of Invoices shall not be subject to any discounts or set -offs by the CLIENT unless agreed to in wrlting by RK. Payment to RK for services rendered and expenses incurred will bo duo and payable regardless of any subsequent suspension or term!nallon of this Agreement by either party. 17. WAIVER OF SUBROGATION. To (he extent damages aro covered by property insurance, or any other available insurance • coverage, CLIENT and RK waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages. CLIENT agrees that CLIENT shell procure, or cause to be procured builder's risk Insurance or other property Insurance for lis protect. RI( and CLIENT walvo all rights against each other end any of their consultants, contractors, subcontractors, sub -subcontractors, agents, end employees, for damages caused by ((re, flood, or other causes of loss to the extent covered by CLIENTs or CLIENT's Contractor's builder's risk Insurance, or other available insurance coverage. The polldes eholl provide waivers of subrogation by endorsement or otherwise. CLIENT shall require of Its contractors, consultante, agents and employees almller waivers in favor of RK and its aubconsultents. A waiver of subrogation shall be effective as to a parson or entity even though that person or entity would otherwise have a duty of Indemnification, contractual or otherwise, did not pay the insurance premium directly or Indirectly, and whether or not Lire person or entity had an Insurable Interest In the properly damaged, 18, OWNERSHIP OF DOCUMENTS, R -K's reports, drawinge, plans, specifications, and other documents and deliverables aro instrumente of professional service ('Instruments of Service`) developed by RI< In contemplation of a wide array of project- specifb verleblos, Including how the documents will be used end by whom. RK shall be Lha author, owner and custodian of the Instruments of Service, and shall retain ail common law, statutory, and other reserved rights, including copyright. By execution of this Agreement, RK grants to CLIENT a Ilmited, nonexclusive license to use the instruments of Service for purposes of constructing, Using, and malnlalning the project for Which the services ore performed, provided CLIENT substantially performs Its obligations, Including prompt payment of all sums when due, under this agreement. Upon completion of the services, and payment h fu'l of ell monies due RK, CLIENT may retain 'copies of all such documents. THE INSTRUMENTS OF SERVICE ARE NOT INTENDED NOR REPRESENTED TO BE SUITABLE FOR REUSE ON . EXTENSIONS, MODIFICATIONS, OR ADAPTATIONS OF THE PROJECT, OR ANY OTHER PROJECT, ANY REUSE OF SUCH DOCUMENTS, WITHOUT WRITTEN VERIFICATION OR ADAI1TATION BY RI( FOR THE SPECIFIC PURPOSE INTENDED, WILL DE AT CLIENT'S SOLE RISK WITHOUT LIABILITY OR LEGAL EXPOSURE TO RK, AND CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONSULTANTS AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, DEFENSE COSTS, AND COURT COSTS) ARISING FROM OR ALLEGEDLY ARISING FROM OR IN ANY WAY CONNECTED WITH THE UNAUTHORIZED REUSE OR MODIFICATION OF THE DOCUMENTS BY CLIENT OR ANY PERSON OR ENTITY THAT ACQUIRES OR OBTAINS THE DOCUMENTS FROM OR THROUGH THE CLIENT WITHOUT THE WRITTEN AUTHORIZATION OF R•1( REGARDLESS OF WHETHER SUCH CLAIMS, DEMANDS, OR AGTiONS ARE FOUNDED IN WHOLE OR IN PART UPON ALLEGED NEGLIGENCE OF RK, iTS OFFICERS, DIRECTORS, EMPLOYEES, OR CONSULTANTS. Parties otter Than CLIENT and RK may apply to use an Instrument, using a form prepared by RI( for that purpose. Others' use of an Instrument shall bo permitted only when CLIENT and RK both so agree; either shall have the right to forbid use by others. In RA8AKISTr'1 R Pogo 2of3 ADM 100 07/31/2013 Proposal No. PHA17-093-00 Attachment I October 11, 2017 addition, R -I< shall make Its pormisslon •conlingont upon Iho satisfaction of certain conditions when, In RI<'s professional Judgment, such a contingency Is necessary. • 19. piSPIJTE RESOLUTIONILiTIGATION. Al claims, disputes, and other controversy between RK and CLIENT arising out of or In any way related to the services provided by RK shall be submitted to medlallon, before and as a condillon precedent to other remedies provided by law.' If a dispute at law arises related to these services and that dlsputo requires IlUgatIon as provided above, the CLIENT assents to personal Jurisdiction In the Stale of Texas; the claim will be brought and bled In Bexar County, the county whore Ri<'a principal place of business Is located, and CLIENT waives the right to remove or transfer the action to any other county or jurisdiction. The prevailing party will be entitled to recovery of all court costs, attorney& fees, end other legally recoverable clalm•re!atod expenses. As a condition precedent to mediation of any dela arising out of the services provided under Oils Agreement, CLIENT shall obtain the written opinion from a registered, independent, and reputable professional engineer that RK has violated the standard of care applicable to RK's performance of services, In a form That meets the requirements of Texas Civil Practice & Remedies Code Chapter 160. 20. TERMINATION OF CONTRACT. CLIENT and RK may terminate services at any time upon len (10) calendar days' written notice. In the event of termination, CLIENT agrees to fully compensate RK for services performed Including reimbursable expenses through the termination date, as well as reasonable domobllizallon expenses. RK will terminate services without waiving any claims or Incurring any liability. 21. STATUTE OF LIMITATIONS, Any applicable elatute cf Ifm!tagens will commence to run and ony causo of action shell be deemed to have accrued not later than the earlier of the following: (1) the dale of the report issued by RIC giving rise to the cause of action; (2) the date on which RK Issues Its last report under this Agreement; or (3) If RK Is retained to perform construction observation, the date of substantial completion of the protect. 22. FORCE MAJEURE, Neither party shall be liable In damages or have the right to terminate this Agreement for any delay or default In performing hereunder if such delay or default Is caused by conditions beyond its control ('Force Majeure') Including, but not limited to Acts of God, Government restrictions (Including the dental or cancellation of any export or other necessary Ilcenso), wars, Insurrections and/or any other cause beyond the reasonable control of the party whose performance Is affected. Force Majeure may not be claimed ase cause for delay In payment of money duo and payable hereunder. 23. j40 ASSIGNMENT, Neither RK nor CLIENT shall assign, sublet, or transfer its Interest In this Agreement without the express written consent of the other. 24. SEVERABILITY, Each provision of this Agreement is Intended to be severable. If any terms or provisions of Ihls agreement shall be held to bo Invalid, Illegal, or unenforceable for any reason whatsoever, the validity, legality, and enforceability of Iho remaining provisions hereof shall remain in full force and effect and shall not In any way be affected or Impaired thereby. Moreover, to the maximum extent allowed by law, the Parties hereto stipulate That any offending provisions vAll be modified or altered, as necessary, so es to give such provlston the maximum permissible effect and oppifcation Intended. 26. pNTIRE AGREEMENT, This Agreement, end all of Ila attachments, constitutes the entire, Integrated Agreement between line Parties to It, and this Agreement supersedes all other Agreements, oral or written between the Parties, concerning the subject set forth In Ihls Agreement. This Agreement may not bo .amonded except In writing, with that amendment being elgned by both Parties. RABA1(1S1'NER PUP 3 of 3 • ADM100 07/31/2013 Proposal No. PHA17-093.00 Attachment II October 11, 2017 � RAGA KISTNER SCHEDULE OF FESS FOR PROFESSIONAL SERVICES PERSONNEL: Principal $135 to $250/hour Professional ....$70 to $200/hour Auto Cad Operator $65 to $110/hour 'Technical/Clerical/Administrative $40 to $80/hour The specific houriy rate within each classification listed above depends on the experlence, special training, and qualifications of the personnel needed for the protect. For projects requiring work at any hazardous waste site, there will be a $10 per hour surcharge added to the normal billing rate for all personnel. Consultants to Raba Klstner (RK) will be charged according to thelr professlonal classification, EXPENSES: Use of company automobiles will be charged at $1.00 per mile. Automobiles and Tight trucks assigned to field sites will be charged at $70.00 per day, plus $1.00 per mile over 60 miles per day, Copies will be charged at $0.26 per page.. Other project specific charges for use of RK equipment or for RK testing will be In aci;ordance with established fee schedules. All other protect specific, third -party costs will be charged at cost plus 16 percent, Invoices will be submitted monthly for work in progress In our standard format. They are due and payable upon receipt and become past due 30 days after the billing date. Past due invoices may be subject to late charges' at the rate of 1-1/2 percent per month (18 percent per annum). In the event that the State of Texas legislates a sales tax on Professlonal Services, the amount of the tax will be PAYMENT added to the approprlate service rate charged. Our invoices are duo and payable upon receipt at 13,0, Box 971037, Dallas, Texas 75397-1037. Preparation of non-standard invoice will be charged on a time and materials basis In accordance with the rates in this fee schedule. CONDITIONS: Services will be performed In accordance with our Standard Terms and Conditions. The proposal to which thls schedule Is an attachment is valid for 90 days from the date of the proposal. Page 1 of 1 ADM101 02/08/2012 RABAKISTNER ACORD¢ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh Sponsored Programs a division of Marsh USA Inc. PO Box 14404 Des Moines IA 50306 INSURED Costello, Inc. 9990 Richmond Ave. Suite 450 Houston, TX 77042 COVERAGES CERTIFICATE NUMBER: CONTACT NAME PHONE No. E#1:800-338-1391 N FAX (A/C, No): 888-621-3173 ADDRESS:acecclientrequest@marsh.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Hartford Accident & Indemnity Co INSURER B: Sentinel Insurance Company Ltd 22357 11000 INSURERC:Hartford Underwriters Insurance Co INSURER D : INSURER E : INSURER F : 30104 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SU BR WVD POLICY NUMBER POLICY EFF (MMIDI YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY y 84SBWLU1109 Prof. Liab. Excl 11/01/2016 07/17/2018 EACH OCCURRENCE $1,000,000 . DAMAGE TO RENTED PREMISES (Ea occurrence) Si, 000,000 CLAIMS -MADE I X OCCUR MED EXP (Any one person) S10, 000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: nPOLICY n j n LOC PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS Y 84UEGRF4580 11/01/2016 07/17/2018 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA MB EXCESS LIAB x u OCCUR CLAIMS -MADE 84SBWLU1109 11/01/2016 07/17/2018 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DED X RETENTION$ 10, 000 $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N N I A 84WBGID2479 07/17/2017 07/17/2018WCSTATU• x OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1, 000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional RE: Green Tee to Riverstone Wastewater Diversion WW 1604 CITY OF PEARLAND, ITS OFFICERS, AGENTS AND EMPLOYEES ARE INCLUDED ADDITIONAL INSURED TO ABOVE COVERAGES EXCEPT W/C. A 30 DAYS NOTICE CANCELLATION WILL BE GIVEN TO CERTIFICATE HOLDER PER POLICY ENDORSEMENT. GLAI/AUTOAI Remarks Schedule, if more space is required) AS OF CERTIFICATE HOLDER City of Pearland Projects Department Attn: Skipper Jones 3519 Liberty Drive Pearland1 Texas 7758 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 84UEGRF4580 COMMERCIAL AUTOMOBILE INSURED: Costello, Inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT T his is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non -Contributory Only with respect to insurance provided to an additional insured in 1.D. Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the Toss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev7.15 Page1 of1 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 POLICY NUMBER: 84SBWLU1109 INSURED: Costello, Inc. BUSINESS LIABILITY COVERAGE SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The lim its of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2