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R2018-131 2018-07-23 FAILED RESOLUTION NO. R2018-131 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into an amended contract with ARKK Engineers, in the additional amount of$87,700.00, for professional services associated with the design of a pedestrian bridge for the Town Ditch Trail Project(between SH 35 and Old Alvin Road). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract by and between the City of Pearland and ARKK Engineers , 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 an amended contract with ARKK Engineers,for the professional services associated with the design of a pedestrian bridge for the Town Ditch Trail Project. FAILED this the 23rd day of July, A.D., 2018. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT A CITY OF PEARLAND moo` 44'e PROJECTS DEPARTMENT I 3519 Liberty Drive, Suite 300 i Pearland,TX 77581 A S. www.cityofpearland.com/projects 'Sr ito Professional Services Contract Amendment East Orange Street Reconstruction, Linwood Street Drainage and Old Alvin Road Widening Date of Issuance: 07/06/2018 Amendment No.: 3 Consultant: ARKK Engineers CoP Project No.: TR1703/DR1601/T20002 P.O.No.: 2016-00000976 Explanation: This change order encompasses the following: Additional services required to design installation of pre-fabricated steel truss pedestrian bridge, including structural design of foundation system, coordination with bridge mfr., drainage impact study, coordination with BDD4, geotech services, bid&construction admin. phase services. Description of Work Cost Time 1 Add Item No.57 Amend 3 Design Phase $39,250.00 0 Days 2 Add Item No.58 Amend 3 Bid Phase $2,750.00 0 Days 3 Add Item No. 59 Amend 3 Geotechnical Investigation $7,000.00 0 Days 4 Add Item No.60 Amend 3 Drainage Impact Study $ 18,200.00 0 Days 5 Add Item No.61 Amend 3 Miscellaneous Services $4,000.00 0 Days 6 Add Item No.62 Amend 3 Reproduction (NTE) $ 1,000.00 0 Days 7 Add Item No.63 Amend 3 Construction Admin.(NTE) $ 14,400.00 0 Days 8 Add Item No.64 Amend 3 TDLR Review& Inspection $ 1,100.00 0 Days Please attach back-up documentation. Cost&Time Change Summary Cost Time Original Contract: $ 1,387,975.00 0 Days Previous Amendment(s): $30,806.00 0 Days Contract prior to this Amendment: $ 1,418,781.00 0 Days Net increase(decrease)from this Amendment: $87,700.00 0 Days Revised Contract: $ 1,506,481.00 0 Days Finance Approval: Date ACCEPTED*: APPROVED: By: AAA �` w :..-tantDate 07/09/2018 By: Date 07/09/2018 Consultant Project Manager By: Date Owner 'Consultant agrees to perform change(s)included in the Contract Amendment for the price and time indicated. The prices for changes included all costs associated with this Contract Amendment. No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Upon execution by all parties,the following changes identifies for the contract value and/or contract time shown,are made part of the Design 1 of 1 D4.Revised 7/08 ARKKENGINEERS June 13, 2018 Mr. Skipper Jones Assistant Director of Capital Projects City of Pearland 3519 Liberty Drive Pearland,TX 77581 Re: Amendment No. 3 to the Professional Engineering Services in connection with the City of Pearland's East Orange Street Reconstruction TR1703, Linwood Street Drainage DR1601, and Old Alvin Road Widening T20002 - Additional Services Related to Town Ditch Pedestrian Bridge Dear Mr. Jones: As requested, ARKK Engineers, LLC (ARKK) is pleased to submit this amendment to the contract for performing additional engineering and construction administration services related to the Town Ditch Trail pedestrian bridge. This proposal is based on our understanding of the project as discussed in our previous meetings and conversations. The project involves installation of a pre-fabricated steel truss style pedestrian bridge across Town Ditch to provide pedestrian connectivity from the multi-use trail on the north side of the ditch to the City park property on the south side. The additional services related to the proposed pedestrian bridge include providing engineering design and construction administration services for the following tasks: • Proposed bridge and foundation system • Coordination and consultation with bridge manufacturer • Structural design services related to bridge foundation including foundation plans and details. • Performing a Drainage Impact Study • Coordination with BDD4 • Special access requirements • Obtain Geotechnical borings and soil design parameters for the bridge foundation • Bid phase services • TDLR Review and Inspection Services • Construction administration services. ARKK Engineers will utilize the topographic survey data obtained for the Town Ditch Trail Project for the preparation of the bridge layout drawings and details. City staff will be providing construction management and inspection services for this project. ARKK will be utilizing the 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • www.arkkengineers.com• TX Firm No.13872• (713)-400-2755 services of GC Engineering for the preparation of a Drainage Impact Study (DIS) for the proposed pedestrian bridge. The fee for performing this work is as outlined below: 1. DESIGN PHASE Engineering Design Phase Services:the lump sum amount of: $39,250.00 Bid Phase Services: the lump sum amount of: $2,750.00 Geotechnical Investigation: Subconsultant's Cost plus 10%: $7,000.00 Drainage Impact Study: Subconsultant's Cost plus 10%: $18,200.00 *Miscellaneous Services Budget: Hourly and Cost plus 10%: $4,000.00 Reproduction: the not to exceed amount of: $1,000.00 Design and Bid Phase Fee: $72,200.00 2. CONSTRUCTION PHASE Construction Administration Services: the not to exceed amount of: $ 14,400.00 TDLR Review& Inspection Budget: Subcontractor's Cost plus 10%: $1,100.00 Construction Phase Fee: $15,500.00 TOTAL FEE (Not to Exceed): $87,700.00 ARKK Engineers, LLC will submit monthly progress invoices for all work completed to invoice date. Hourly charges for office personnel shall be charged based on a raw labor rates times a multiplier of 2.99. Reimbursable expenses and subcontracted Special Services will be charged at cost plus 10%. Additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor costs times a factor of 2.99 and direct cost plus 10% upon approval from the City. No additional services will be performed or invoiced without prior authorization form the City of Pearland. If you have any questions or need additional information, please contact me. Sincerely, ARKK ENGINEERS, LLC. go/4 tamstits: Madhu Kilambi, P.E. Sr. Project Manager/Principal Cc: Ms. Susan Johnson—City of Pearland 7322 Southwest Fwy Suite 1040 • Houston,TX 77074 • www.arkkengineers.com• TX Firm No.13872• (713)-400-2755 ' IA\\ ' GC Engineering,Inc. Old Alvin Road Widening(Orange Street to McHard Road) GCE, City of Pearland,Pearland, Texas AMENDMENT 2 PROFESSIONAL ENGINEERING SCOPE OF SERVICES FOR New Town Ditch Trail City of Pearland,Pearland, Texas Project Description The City of Pearland(City)/ARKK requested that GC Engineering, Inc. (GCE)provide professional engineering services for a pedestrian bridge crossing across Town Ditch.. The work will consist of performing a Drainage Impact Study(DIS) for the proposed trail bridge across Town Ditch in the vicinity of the Old Alvin Road detention pond for an approximate length of 110 to 150 feet. In addition,the ARKK/City also requested GCE to perform structural design for the bridge foundation. GCE reviewed the proposed improvements/additional work and anticipates the level of effort as included in Exhibit B. ARTICLE 1 ADDITIONAL SERVICES: GCE shall render the following professional services to ARKK/City in connection with the proposed improvements to the project: Task 1 —Drainage Impact Study Report A. Drainage Impact Analysis (DIA) -Drainage Impact Analysis to evaluate the impacts due to the proposed trail bridge and to determine impact mitigation measures. B. Determine bridge geometry based on the hydraulic analysis. It is anticipated that a 3-span bridge would be provided. C. Prepare Drainage Impact Study(DIS) Report and submit to BDD4 and the City for review and approval. Drainage design will be performed in accordance with the City and BDD4 requirements. D. Address City/BDD4 Comments and Submit Final DIS Report for City/BDD4 Approval. E. Coordinate the approval process with BDD4 and the City. Task 2—Bridge Design A. Determine geotechnical investigation requirements for the bridge foundation design. B. Perform structural engineering analysis of the bridge foundation including abutments and bents for a 3-span bridge structure. Coordinate with ARKK on the proposed super structure and loading requirements. C. Perform abutment slope stability and scour protection per BDD4 criteria. D. Prepare foundation plans. City of Pearland, Texas April 2, 2018 Page 1 of 4 ' i4\' ' GC Engineering,Inc. Old Alvin Road Widening(Orange Street to McHard Road) .( Ii City of Pearland,Pearland,Texas \. .I ASSUMPTIONS: The proposal presented is based on the following assumptions: 1. Surveying, environmental, and geotechnical services for the proposed improvements will be performed by subconsultants under separate contracts with ARKK. 2. GCE shall utilize the approved DIS report and the associated models to complete the above mentioned tasks. 3. Type of bridge and the loading will be provided by ARKK. 4. If required, design of bents and abutment beams will be performed as out of scope services. TIME OF COMPLETION: GCE will complete the DIS included in this amendment within 4 weeks of notice-to-proceed and will complete foundation design within 8 weeks of receiving the geotechnical study report.. This does not include the duration for review/approval by the City and BDD4. City of Pearland, Texas April 2, 2018 Page 2 of 4 I' '\ 1411 ' GC Engineering,Inc. Old Alvin Road Widening(Orange Street to McHard Road) GCE. City of Pearland,Pearland, Texas SCHEDULE OF CHARGES New Town Ditch Trail City of Pearland,Pearland, Texas Direct labor: Direct labor will be charged at the following rates: Classification Billing Rate Senior Project Manager $ 195.00 Senior Engineer $ 170.00 Project Engineer $ 155.00 Civil Engineer $ 122.00 Construction Inspector $ 78.00 CAD Technician $ 94.00 Clerical $ 45.00 The individual salaries will be adjusted annually. Direct Expenses: Direct Expenses will be charged at the following rates: Plotting Reproduction Mileage Bond $2.50 Blue/Blacklines $0.20/square Foot IRS approved rate Color $5.75 Vellum$5.00 Mylar $8.00 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, and transportation, and other miscellaneous expenses directly related to work, including costs of laboratory analysis, and other work required to be done by independent persons other than staff members. City of Pearland, Texas April 2, 2018 Page 3 of 4 ►' '' .A\' ' GC Engineering,Inc. Old Alvin Road Widening(Orange Street to McHard Road) .( City of Pearland,Pearland, Texas EXHIBIT B TASK TOTAL No. TASK Task 1 Drainage Impact Study(DIS)Report A. Drainage Impact Analysis $6,211.00 B. Determine bridge geometry $3,279.00 C Prepare Drainage Impact Study(DIS)Report and submit for City/BDD4 Approval $3,379.00 D Address City/BDD4 Comments and Submit Final DIS Report for City/BDD4 Approval $2,157.00 E Coordinate the approval process with BDD4 and the City $1,466.00 Total for Task 1-DIS Report $16,492.00 Task 2 Bridge Design A. Determine geotechnical investigation requirements $1,483.00 B. structural engineering analysis $8,955.00 C. Prepare foundation plans $6,624.00 Total for Task 2-Bridge Design $17,062.00 Total for Addendum 2 $33,554.00 M:IProjectslC-0787-COP Old Alvin Road WideninglScope,Budget,and InvoicinglAmendment No. 21180402 Amendment No. 21180402 Old Alvin Road Amendment No.2.doc City of Pearland, Texas April 2,2018 Page 4 of 4 RAGA • KISTNER Building Better 7bmorrows 3602 Westchase Proposal No. PHA18-078-00 Houston,TX 77042 June 12,2018 www.rkci.com P 713.996.8990 F 713.996.8993 Toll Free 866.996.8990 TBPE Firm-F-3257 Mr. Doug Bradford, P.E.—Project Manager ARKK Engineers 7322 Southwest Freeway,Suite 1040 Houston,Texas 77074 Re: Proposal for Geotechnical Engineering Services Town Ditch Trail Pedestrian Bridge Pearland,Texas Dear Mr. Bradford: On the basis of the documents received by our office from you via electronic-mail attachment on Monday, June 11, 2018, Raba Kistner Consultants, Inc. (RKCI) is pleased to submit this proposal to provide Geotechnical Engineering Services to ARKK Engineers, Inc. (CLIENT)for the above-referenced project. The broad objectives of our study will be to determine subsurface conditions at the subject site and to provide design and construction recommendations for the proposed pedestrian bridge. Described in this contract 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 We understand that the proposed project consists of the design and construction of a pre-manufactured truss style pedestrian bridge across Town Ditch, between SH 35 and Old Alvin Road in Pearland, Brazoria County,Texas(Key Map 615 J). The proposed pedestrian bridge is expected to create relatively moderate loads to be carried by the foundation system, which is anticipated to consist of a deep foundation such as straight sided drilled shafts. FIELD STUDY On the basis of the boring locations and depths provided by the CLIENT, we propose to conduct two (2) 80-ft deep borings, one boring at each end of the proposed pedestrian bridge. RKCI will perform the necessary One-Call notifications prior to beginning the field drilling activities. The borings will be located in the field using recreational grade GPS and/or by pacing distances from known landmarks or reference points. Our scope of services and cost do not include surveying of the boring San Antonio • Austin • Brownsville • Dallas • Freeport • Houston • McAllen • New Braunfels •Nebraska •Utah • Mexico Proposal No. PHA18-078-00 2 June 12,2018 locations. However, RKCI recommends that the final boring locations be surveyed in the field by the CLIENT or their representative. 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.Soil samples will be collected at continuous 2-ft intervals to a depth of 10-ft and at 5-ft intervals after that. 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 will be backfilled using the auger cuttings generated during the drilling operations. LABORATORY STUDY Upon completion of the subsurface exploration,a general testing program will be designed to define the moisture condition, classification, strength, and shrink/swell characteristics of the subsurface soil samples. The laboratory testing program is anticipated to include moisture content determinations, Atterberg Limits, percent passing No. 200 sieve, grain size analyses, unit dry weights, and shear strength tests (unconfined compression and unconsolidated-undrained triaxial compression). 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 and samples will be kept for 90 days upon submittal of the final report. 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 foundation system for the proposed pedestrian bridge. The Geotechnical Engineering Report may include the following information and recommendations, if applicable: • A summary of the field and laboratory sampling and testing program; • Boring logs 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. - allowable axial compressive capacities for drilled shafts; - drilled shaft lateral response for bending moment and shear for shaft head deflections of ",Y2",%"and 1"; - settlement estimations; and, - groundwater considerations. • Foundation construction considerations, including: RABAKISTNER Proposal No. PHA18-078-00 3 June 12,2018 — site drainage; — site preparation; — deep foundation excavations; — drilled shaft installation guidelines, — potential reuse of on-site materials; — excavation considerations;and — fill placement and compaction. Our scope of work does not include a geologic fault study nor does it include conducting test pits at the site. 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 with printed and bound copies available at additional cost. 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 five working days of receiving written authorization to proceed, provided that the site is accessible to buggy-mounted drill rigs and the CLIENT has supplied us with all available information regarding existing utilities and below-grade structures on site (if any). The field exploration and laboratory testing phases of the study are expected to take approximately seven working days to complete. The engineering report will be submitted within an additional five 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$6,200.00. Should unusual subsurface conditions be encountered in the field indicating 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. RKCI has been provided with a layout of the project site by the CLIENT illustrating the location of the proposed pedestrian bridge and the proposed boring locations and depths. It is our understanding that access to the boring locations for a conventional, buggy-mounted drilling rig and underground utility clearance 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 RABAKISTNER Proposal No. PHA18-078-00 4 June 12,2018 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 project budget. It should also be noted that our study scope (and project 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 I Standard Terms and Conditions II Schedule of Fees Please return one signed original of this contract to provide written authorization for our firm 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. RKCI 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. RABA KISTNER CONSULTANTS, INC. Accepted By (Signature) ` (Typed or Printed Name) John D. Brown, P.E. Manager,Geotechnical Services (Title) Date: JDB/dar Attachments RABAKISTNER Proposal No. PHA18-078-00 Attachment I June 12, 2018 ' RAKISTGANER STANDARD TERMS AND CONDITIONS 1. SERVICES. Raba Kistner, Inc., by and through one of its allocation of risks or other material terms of this Agreement, RK subsidiaries (Raba Kistner Consultants, Inc., Raba Kistner may call for renegotiation of appropriate portions of this Environmental, Inc., Raba Kistner Facilities, Inc. or Raba Kistner Agreement. RK shall notify the CLIENT of the changed conditions Infrastructure, Inc.) (the relevant subsidiary, being engaged to necessitating renegotiation,and RK and the CLIENT shall promptly provide the services to CLIENT in connection with the delivery of and in good faith enter into renegotiation of this Agreement to this instrument, is referred to as"RK"herein)is being engaged by address the changed conditions. If changes cannot be agreed to the CLIENT to render professional services("Services") involving with respect to changed conditions, the parties shall utilize the only RK's advice,judgment and opinion. RK may subcontract all Dispute Resolution/Litigation procedures in this Agreement. or a portion of the Services performed hereunder. RK shall apply professional judgment in determining the extent to which RK 6. TESTING AND OBSERVATIONS. CLIENT understands that complies with any given standard identified in RK's instruments of testing and observation are discrete sampling procedures,and that professional services. CLIENT expressly acknowledges that RK such procedures indicate conditions only at the depths, locations, makes no warranties or guarantees, expressed or implied, and times the procedures were performed. RK will provide test regarding the Services. results and opinions based on tests and field observations only for the work tested. CLIENT understands that testing and observation 2. INFORMATION PROVIDED BY CLIENT. CLIENT may provide or are not continuous or exhaustive, and are conducted to reduce– direct RK to utilize or rely upon certain information ("CLIENT not eliminate–project risk. CLIENT agrees to the level or amount Information") in the performance of RK's services. RK shall be of testing performed and the associated risk. CLIENT is entitled to rely upon such CLIENT Information.RK will not conduct responsible (even if delegated to contractor) for notifying and an independent evaluation of the accuracy or completeness of scheduling RK so RK can perform these services. RK shall not be such CLIENT Information and shall not be responsible for any responsible for the quality and completeness of contractor's work errors or omissions in such information. . RK's report,as well as or their adherence to the project documents, and RK's any recommendations,findings,and conclusions made by RK,are performance of testing and observation services shall not relieve dependent on information received from CLIENT. Changes or contractor in any way from its responsibility for defects discovered modifications to the information provided by CLIENT can affect in its work, or create a warranty or guarantee. CLIENT RK's evaluation, recommendations,findings and conclusions, and acknowledges that RK will not supervise or direct the work CLIENT agrees—as a material term of this Agreement—to notify performed by contractor or its subcontractors and is not RK immediately, in writing,if CLIENT becomes aware of any such responsible for their means and methods. changes or modifications, including changes to the size, scope, 7. ESTIMATE OF FEES FOR CONSTRUCTION AND MATERIALS location,or other material characteristics of CLIENT's project. TheTESTING SERVICES. If included as part of RK's proposal, RK CLIENT shall be responsible for providing the location of all underground utilities and other structures in the vicinity of RK will,to the best of its ability, perform the scope of services related borings or excavations. RK will not accept responsibility and will to Construction and Materials Testing Services within the proposed not be liable for affecting or damaging any underground utility, fee estimate provided by RK. RK's proposal fees are based upon underground storage tank, or other subsurface condition not an estimate of the services required to meet the specifications for previously identified and located, or improperly located, by the the project and following generally accepted engineering practices. CLIENT,a utility,or a utility locating agency. The CLIENT recognizes that unforeseen circumstances along with changes in scope and project/contractor's schedules can influence 3. SITE ACCESS AND SITE SAFETY. CLIENT shall provide right- the successful completion of the scope of services within the of-entry to the buildings and sites which are the subjects of RK's estimated proposed fees. Because the contractor has sole control services. CLIENT represents that it possesses authority for such over the project and determines the means and methods used to right-of-entry and that the building/site operator(s) possess the build/construct the project,RK's service fees are estimates and not necessary permits and licenses for current activities at the site. RK lump sum or guaranteed maximum fees. The CLIENT is fully shall be responsible for supervision and site safety measures of its responsible for payment of all services provided, including retests own employees and subconsultants, but shall not be responsible of contractor's failed areas. for the supervision or health and safety precautions of any other 8. REPORTS. RK may provide CLIENT with written reports in parties, including CLIENT, CLIENT'S contractors, subcontractors, or other parties present at the site. connection with the Services performed. Such reports will present such findings and conclusions as RK may reasonably make with 4. SUBSURFACE EXPLORATIONS. Subsurface conditions the information gathered while performing its services, and throughout the site may vary from those depicted on logs of provided by CLIENT. The reports may be copied for inclusion in discrete borings, test pits, or other exploratory services. CLIENT other documents related to the project provided it is reproduced in understands RK's layout of boring and test locations is its entirety; however reports and other instruments of service are approximate and that RK may deviate a reasonable distance from prepared for,and made available for,the sole use of the CLIENT, those locations. RK will take reasonable precautions to reduce and the contents thereof may not be used or relied upon by others damage to the site when performing services; however, CLIENT without the express written authorization of RK. Any unauthorized accepts that invasive services such as drilling or sampling may use or distribution shall be at the CLIENT's sole risk and without damage or alter the site. Site restoration is not provided unless liability to RK.. specifically included in the scope of services. 9. TOXIC AND HAZARDOUS MATERIALS. CLIENT shall provide 5. CHANGED CONDITIONS. If, during the term of this Agreement, RK with all information within CLIENT'S possession or knowledge circumstances or conditions that were not originally contemplated as to the potential or presence of toxic or hazardous materials or by or known to RK are uncovered or revealed, to the extent that pollutants at the site. CLIENT agrees that RK neither created nor they affect the scope of services, compensation, schedule, contributed to the creation or existence of any toxic or hazardous Page 1 of 3 RABAKISTNER ADM10007/31/2013 Proposal No. PHA18-078-00 Attachment I June 12, 2018 materials or pollutants. In no event shall RK be required to sign a suspension. Upon payment in full by the CLIENT,RK may resume hazardous waste manifest or take ownership of any toxic or services under this Agreement, and the time schedule and hazardous materials or pollutants. If unanticipated toxic or compensation shall be equitably adjusted to compensate for the hazardous materials or pollutants are encountered while period of suspension plus any other reasonable time and expense performing RK's services, RK reserves the right to stop field necessary for RK to resume performance. Payment of invoices operations and notify the CLIENT and CLIENT assumes shall not be subject to any discounts or set-offs by the CLIENT responsibility to notify appropriate regulatory agencies. RK and unless agreed to in writing by RK. Payment to RK for services CLIENT must mutually agree to remobilize. rendered and expenses incurred will be due and payable regardless of any subsequent suspension or termination of this 10. NO THIRD-PARTY BENEFICIARIES. The services and any Agreement by either party. report(s) prepared under this Agreement are for the sole benefit and sole use of CLIENT and are not for the use of any other party 17. WAIVER OF SUBROGATION. To the extent damages are or person. Only CLIENT may rely upon the services and any covered by property insurance, or any other available insurance report or work product. Nothing in this Agreement, or any coverage,CLIENT and RK waive all rights against each other and subsequent amendments or modifications, or in any report issued against the contractors,consultants,agents and employees of the under this Agreement, shall create a contractual relationship with other for damages. CLIENT agrees that CLIENT shall procure, or or a cause of action in the favor of any third party against either RK cause to be procured builder's risk insurance or other property or CLIENT. If CLIENT provides a copy of any report prepared by insurance for its project. RK and CLIENT waive all rights against RK to others, it shall advise the recipient that the information each other and any of their consultants, contractors, contained in the report is provided for information only and is not to subcontractors, sub-subcontractors, agents, and employees, for be relied upon by third parties. damages caused by fire,flood,or other causes of loss to the extent covered by CLIENT's or CLIENTs Contractor's builder's risk 11. LEED PROJECTS. Unless specifically addressed elsewhere in insurance, or other available insurance coverage. The policies this agreement, RK has no responsibility or liability, including duty shall provide waivers of subrogation by endorsement or otherwise. to defend or duty to indemnify,any party(including but not limited CLIENT shall require of its contractors, consultants, agents and to CLIENT, owner, owner's agents, architects, engineers, employees similar waivers in favor of RK and its subconsultants. A contractors,construction managers, subcontractors)for the LEED waiver of subrogation shall be effective as to a person or entity certification process including: developing, producing,or retaining even though that person or entity would otherwise have a duty of any documentation relating to the calculation of LEED points;and indemnification,contractual or otherwise,did not pay the insurance attainment of LEED certification points or LEED ratings. premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 12. STANDARD OF CARE. RK shall perform its professional services in accordance with the standard of care and diligence normally 18. OWNERSHIP OF DOCUMENTS. R-K's reports, drawings, plans, practiced by professional firms in performing services of a similar specifications, and other documents and deliverables are nature,in the same locality,under similar circumstances. CLIENT instruments of professional service ("Instruments of Service") expressly acknowledges that RK makes no other warranties or developed by RK in contemplation of a wide array of project- guarantees, expressed or implied, regarding its professional specific variables, including how the documents will be used and services or its work product. by whom. RK shall be the author, owner and custodian of the Instruments of Service,and shall retain all common law,statutory, 13. RISK ALLOCATION. RK will be responsible only for its own work, and other reserved rights,including copyright. By execution of this and that of its sub-consultants, and not for defects in the work Agreement,RK grants to CLIENT a limited,nonexclusive license to designed or built by others. use the Instruments of Service for purposes of constructing,using, and maintaining the project for which the services are performed, provided CLIENT substantially performs its obligations, including 14. LIMITATION OF LIABILITY. CLIENT AND RK HAVE prompt payment of all sums when due,under this agreement. EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING RK'S FEE RELATIVE TO THE Upon completion of the services,and payment in full of all monies RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF due RK, CLIENT may retain copies of all such documents. THE THE RISKS SO, TO THE FULLEST EXTENT PERMITTED BY INSTRUMENTS OF SERVICE ARE NOT INTENDED NOR LAW, THE TOTAL AGGREGATE LIABILITY OF RK (AND ITS REPRESENTED TO BE SUITABLE FOR REUSE ON RELATED ENTITIES, EMPLOYEES, OWNERS, AGENTS, AND EXTENSIONS, MODIFICATIONS, OR ADAPTATIONS OF THE REPRESENTATIVES) TO CLIENT (AND THIRD PARTIES PROJECT,OR ANY OTHER PROJECT,ANY REUSE OF SUCH GRANTED RELIANCE ON RK'S WORK PRODUCT, OR DOCUMENTS, WITHOUT WRITTEN VERIFICATION OR OTHERWISE SEEKING RECOVERY UNDER THIS ADAPTATION BY RK FOR THE SPECIFIC PURPOSE AGREEMENT)IS LIMITED TO THE GREATER OF$100,000 OR INTENDED, WILL BE AT CLIENT'S SOLE RISK WITHOUT THE FEE PAID RK UNDER THIS AGREEMENT, FOR ANY AND LIABILITY OR LEGAL EXPOSURE TO RK, AND CLIENT ALL INJURIES, DAMAGES,CLAIMS, LOSSES,OR EXPENSES AGREES,TO THE FULLEST EXTENT PERMITTED BY LAW,TO (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF INDEMNIFY, DEFEND, AND HOLD HARMLESS RK, ITS RK'S SERVICES OR THIS AGREEMENT REGARDLESS OF OFFICERS, DIRECTORS, EMPLOYEES, AND CONSULTANTS CAUSE(S)OR THE THEORY OF LIABILITY, AGAINST ALL CLAIMS,DAMAGES,LOSSES,AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, DEFENSE 15. CONSEQUENTIAL DAMAGES. Neither CLIENT nor RK will be COSTS, AND COURT COSTS) ARISING FROM OR liable to the other for any special,consequential,indirect,incidental ALLEGEDLY ARISING FROM OR IN ANY WAY CONNECTED or penal losses or damages of any kind,nor will CLIENT or RK be WITH THE UNAUTHORIZED REUSE OR MODIFICATION OF liable to the other for losses, damages, or claims, regardless of THE DOCUMENTS BY CLIENT OR ANY PERSON OR ENTITY how defined, related to: lost profits; unavailability of property or THAT ACQUIRES OR OBTAINS THE DOCUMENTS FROM OR facilities;shutdowns or service interruptions;loss of use,,revenue, THROUGH THE CLIENT WITHOUT THE WRITTEN opportunity, or inventory; use charges, carrying costs, cost of AUTHORIZATION OF R-K REGARDLESS OF WHETHER SUCH substitute facilities,goods,or services;cost of capital,or claims of CLAIMS, DEMANDS,OR ACTIONS ARE FOUNDED IN WHOLE any other party and/or its customers. OR IN PART UPON ALLEGED NEGLIGENCE OF RK, ITS OFFICERS,DIRECTORS,EMPLOYEES,OR CONSULTANTS. 16. SUSPENSION OF SERVICES. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement, Parties other than CLIENT and RK may apply to use an RK may suspend performance of services upon seven(7)calendar instrument,using a form prepared by RK for that purpose.Others' days'notice to the CLIENT. RK shall have no liability whatsoever use of an instrument shall be permitted only when CLIENT and RK to the CLIENT for any costs or damages as a result of such both so agree;either shall have the right to forbid use by others.In Page 2 of 3 RABAKISTNER ADM10007/31/2013 Proposal No. PHA18-078-00 Attachment I June 12, 2018 addition, R-K shall make its permission contingent upon the satisfaction of certain conditions when, in RK's professional judgment,such a contingency is necessary. 19. DISPUTE RESOLUTION/LITIGATION. All 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 mediation,before and as a condition precedent to other remedies provided by law. If a dispute at law arises related to these services and that dispute requires litigation as provided above,the CLIENT assents to personal jurisdiction in the State of Texas;the claim will be brought and tried in Bexar County, the county where RK's 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, attorneys' fees, and other legally recoverable claim-related expenses. As a condition precedent to mediation of any claim arising out of the services provided under this 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 150. 20. TERMINATION OF CONTRACT. CLIENT and RK may terminate services at any time upon ten(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 demobilization expenses. RK will terminate services without waiving any claims or incurring any liability. 21. STATUTE OF LIMITATIONS. Any applicable statute of limitations will commence to run and any cause of action shall be deemed to have accrued not later than the earlier of the following:(1)the date of the report issued by RK 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 project. 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 denial or cancellation of any export or other necessary license), wars,insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Force Majeure may not be claimed as a cause for delay in payment of money due and payable hereunder. 23. NO 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 this agreement shall be held to be invalid, illegal, or unenforceable for any reason whatsoever, the validity, legality, and enforceability of the 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 will be modified or altered, as necessary,so as to give such provision the maximum permissible effect and application intended. 25. ENTIRE AGREEMENT. This Agreement, and all of its attachments,constitutes the entire,integrated Agreement between the Parties to it, and this Agreement supersedes all other Agreements, oral or written between the Parties, concerning the subject set forth in this Agreement. This Agreement may not be amended except in writing,with that amendment being signed by both Parties. Page 3 of 3 RABAKISTNER ADM10007/31/2013 Proposal No. PHA18-078-00 Attachment II June 12, 2018 1 RAGA KISTNER SCHEDULE OF FEES 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 hourly rate within each classification listed above depends on the experience, special training, and qualifications of the personnel needed for the project. 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 Kistner (RK) will be charged according to their professional classification. EXPENSES: Use of company automobiles will be charged at $1.00 per mile. Automobiles and light trucks assigned to field sites will be charged at $70.00 per day, plus $1.00 per mile over 50 miles per day. Copies will be charged at$0.25 per page. Other project specific charges for use of RK equipment or for RK testing will be in accordance with established fee schedules. All other project specific, third-party costs will be charged at cost plus 15 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 Professional Services, the amount of the tax will be PAYMENT added to the appropriate service rate charged. Our invoices are due and payable upon receipt at P.O. 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 this schedule is an attachment is valid for 90 days from the date of the proposal. Page 1 of 1 ADM101 02/08/2012 RABAKISTNER