R2023-218 2023-09-25DocuSign Envelope ID: 9B4B004F-F6BC-43DC-A994-EF092B76B63B
RESOLUTION NO. R2023-218
A Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order with James Construction Group, LLC., in the amount of
$791,371.15 (total contract amount of $30,615,991.66), associated with the
McHard Extension Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain change order associated with the McHard Extension Project, 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 change order associated with the McHard Extension Project.
PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2023.
ATTEST:
DocuSigned by:
r
FrrUAtt,s a t
&9CC2253-1 FFF4�5...
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
,-DocuSigned
by:
E13CAOBB4F4BG...
DARRINg8M. COKER
CITY ATTORNEY
DocuSigned by:
--B4SS4 A(i1 Sn2F4F2.._
J. KEVIN COLE
MAYOR
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
Form 2146-L
(Rev. 10/11)
Page 1 of 1
CONSTRUCTION CONTRACT CHANGE ORDER NUMBER:
1. CONTRACTOR: James Construction Group, LLC
2. Change Order Work Limits: Sta. to Sta.
3. Type of Change (on federal -aid non-exempt projects): Minor (Major/Minor)
4. Describe the change and the reason for the change order. When necessary, Include
exceptions to this agreement.
This change order Is to include water line impacts that conflicted with the proposed storm sewer,
added extension arms for pedestrian push buttons due to the decorated base, power for irrigation
system, street light conduit stubup modifications to meet CenterPoint requirements, BDD4 ouHall
modifications at pond HS2 and CC-1, additional compensation related to Time Impact Analysis
No. 1 Settlement and drainage revisions along Hatfield. This change order also includes items that
were not required to complete the project and therefore those quantities were deducted from the
contract.
6
CCSJ: 0912-31-290
Protect: TR1405
Highway: McHard Road
County: Brazoria
HOU
District:
Contract
Number:
5. New or revised plan sheet(s) are attached and numbered: See attached backup documentation
Each signatory hereby warrants that each has the authority to execute this Change Order.
By signing this change order, the contractor agrees to waive any and all
claims for additional compensation due to any and all other expenses;
additional changes for time, overhead and profit; or loss of compensation
as a resuh of this change. Further, the contractor agrees that this agreementis
made In accordance with Item 4 and the Contract. Exceptions should be
noted In the response for 15 above.
THE CONTRACTOR Date
Ert1an g le
By bran beetle ISep II :ton 14_34 C6'1
Typed/Printed Name Brian Beetle
Typed/Printed Title President
Sep 11, 2023
Tho following Information must be provided
Time Ext. #: N/A Days added on this C.O.:.120
Amt. added by this change order; $791,371,15
For TxDOT use only:
Days participating:
Amount participating:
120
$318,907.15
Signature Date
Maria Aponte, P.E./Area Engineer
NameTtle
RF,COMME FOR EXECUTION:
"---F938812 C716123...
Trent Epperson, City Manager, City of Pearland Date
EAPPROVED 0 REQUEST APPROVAL
Lem- 08.30.23
9/28/2023 1 4:49 PM CDT
Name/Title
❑ APPROVED
Date
❑ REQUEST APPROVAL
Je a�rLee, Senl! oject Manager, City of Pea rla nd Date Name/Title
❑APPROVED ❑ REQUEST APPROVAL
9/12/2023
JB Fe r: ,• P.E., Project Manage , reeso and Nichols, Inc. Date
PPROVED _ ® REQUEST APPROVAL
9/11/2023
❑ APPROVED
Date
❑ REQUEST APPROVAL
Name/Title
❑ APPROVED
Date
❑ REQUEST APPROVAL
Ed ell, P.E., Project Manager, HDREng`neerIng,Inc. Date Name/Title
U APPROVED ® REQUEST APPROVAL ❑ APPROVED
Engineer's Seal:
Date
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
ED
BD
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RVDB
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
CHANGE ORDER SUMMARY
McHard Road Extension Cullen Blvd to Mykawa Rd
Change Order No. 6
CoP Project TR1405
CSJ #0912-31-290
Purpose of Change Order: This change order is to include water line impacts that conflicted
with the proposed storm sewer, added extension arms for pedestrian push buttons due to the
decorated base, power for irrigation system, street Tight conduit stubup modifications to meet
CenterPoint requirements, BDD4 outfall modifications at pond HS2 and CC-1, additional
compensation related to Time Impact Analysis No. 1 Settlement and drainage revisions along
Hatfield. This change order also includes items that were not required to complete the project
and therefore those quantities were deducted from the contract.
Justification:
Item #1 (Fire Hydrant Relocation): During the installation of the 7'x4' box culvert at station
30+50, an existing fire hydrant was found to be within 2 feet of the edge of the box culvert. To
ensure that no damage would occur to the fire hydrant or water main, the contractor was
directed to remove the fire hydrant, install the 7'x4' box culvert, and then re -install the fire
hydrant in its original location.
Item #2 (Water Main Relocation — Stone Road): During installation of the 7'x4' box culvert on
the east side of Stone Road (station 36+60), the existing water main was found to be in direct
conflict with the proposed box culvert. The contractor was directed to remove the existing
water main and casing pipe, install the planned 7'x4' box culvert, and then re -install the original
water main and casing pipe. This pipe was also then pressure tested to verify that no damage
was done to the water main pipe after re -installation.
Item #3 (6'x3' Box Culvert Realignment): During the installation of the 6'x3' concrete box
culvert between junction box JB-H25 and Inlet HI100DP5 near Woody Drive, an existing water
main pipe was found in conflict with the planned alignment of the 6'x3' box culvert. The
existing water main had a lowered segment just east of the box culvert's planned alignment.
To avoid the water main, it was agreed to realign the 6'x3' box culvert to the east to eliminate
the conflict with the lowered water main segment. This work required removal of previously
installed 6'x3' box culvert sections to allow for the installation of new 6'x3' box culvert bends to
realign the culvert to avoid the conflict. With the box culvert adjustments, inlet H1100DP5 had
DocuSign Envelope ID:4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
to be modified and a steel plate placed over one of the two grates to allow the area around the
inlet to be graded to allow it to drain.
Item #4 (Water Main Relocation — Max and Future Max Road): During installation of the
6'x3' box culvert, two water main pipes were found to conflict with the proposed storm box
culvert and needed to be removed and reset. The first water main was on the east side of Max
Road and the second water main was on the west side of Future Max Road. Item #4 has been
separated out into four portions of work:
4.1: The water mains in question were verified by vac -truck to conflict with the storm
box culvert.
4.2: The existing signal poles and mast arms stored at the intersections for use in the
contract conflicted with the work to remove the water mains and needed to be moved.
4.3: The water main pipes at Max Road and Future Max Road were removed by an
agreed upon price.
4.4: The water main pipes at Max Road and Future Max Road were re -installed and
then pressure tested using force account tracking.
Item #5 (Extension Arms for Pedestrian Push Buttons): The plans called for the placement
of pedestrian push buttons at each signalized intersection. With the decorative base on each
traffic signal pole, the push buttons could not be placed as shown in the plans. A field meeting
was held with the City of Pearland traffic department where it was determined that an
extension would be required to install the push button and meet ADA compliant height. The
Traffic Department along with the contractor, determined the proposed parts for field modifying
the extension arms. The contractor provided a price for the extension arms which was
approved, ordered, and installed.
Item #6 (Power for Irrigation): The plans did not include details of placing power to run the
irrigation controllers for the 2 irrigation systems. After discussions with the landscaper and
contractor, it was determined that power lines could be run to the power meters being used for
the signalized intersections of Cullen and Hatfield. To get from the irrigation controller to the
intersection power, conduit and wire were installed between the two locations as well as
having to bore under the McHard Road pavement as the city moved the controllers into the
median.
Item #7 (Street Light Stubup): The conduit and stubups for future streetlights were installed
based on the plans. When they were completed, CenterPoint Energy Street Lights
Department reviewed the locations in the field and revised the illumination plans that added
new stub ups, removed stub ups not allowed in pipeline easements and adjusted conduit
locations. The contractor had to make these adjustments so that the future streetlights could
be installed. This work was tracked by force account.
Item #8 (BDD4 Outfall Modifications): Brazoria County Drainage District No. 4 (BDD4)
updated their standard details after this project was bid which included a new pipe miter detail.
During regular inspections by BDD4 at Pond HS2, it was determined that the riprap and outfall
miters were not meeting the new standards and modifications needed to be made to the
installed riprap at Pond HS2 prior to their approval and acceptance of the detention pond. The
DocuSign Envelope ID:4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
contractor was directed to modify constructed work to be tracked by force account per BDD4
detail and field direction.
Item #9 (BDD 4 Outfall Modifications): Brazoria County Drainage District No. 4 (BDD4)
updated their standard details after this project was bid which modified the safety end section
of outfalls. During regular inspections by BDD4 at Pond CC-1, it was determined that the box
culvert tie-in at the three outfalls C1, C2, and C3 in Pond CC-1 were not meeting the new
standards and modifications needed to be made prior to their approval and acceptance of the
detention pond. The work has been completed and inspected by BDD4.
Item #10 (Additional Compensation for Settlement): James Construction Group (JCG)
submitted a claim for extra work and compensation for items they believed they were entitled
to base on the contract. The City of Pearland City's Attorney and Public Works staff met with
JCG and through negotiations, the two mutually agreed to resolve JCG's request for additional
compensation relating to the cost of Time Impact Analysis No. 1 — specifically the productivity
loss, additional overhead and other impacts related to the water line conflicts identified in the
above Items #1 through 4. This also includes the additional contract days (remaining 92
calendar days from the total 172 calendar days) as well as an additional 7 calendar days for
the CenterPoint Traffic Signal Energization time extension. As a result, total calendar days for
this item will include an additional 99 calendar days.
Item #11 (Hatfield Drainage Revisions): The drainage along the west side of Hatfield, both
north and south of McHard, was placed according to the plans. After the drainage was
completed, several rainfall events occurred showing that adjustments to the system would be
required to drain the areas around the box culverts and inlets. The Engineer of Record
reviewed the site and submitted changes to the system to allow for the water to drain into the
box culverts. This updated plan was reviewed and approved by the City and is being used to
complete this work. This work includes an additional 21 calendar days to perform the work.
Change Order
Change Order Amount
TxDOT Funding
City Funding
No. 1
$13,396.74
$10,717.39
$2,679.35
No. 2
$18,527.70
$14,822.16
$3,705.54
No. 3
$40,856.86
$32,685.49
$8,171.37
No. 4
$0.00
$0.00
$0.00
No. 5
$89,346.16
$31,265.35
$58,080.81
No.6
$791,371.15
$318,907.15
$472,464.00
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive, Suite300
Pearland, TX 77581
www.cityofpearland.com/projects
CHANGE ORDER
McHard Road Extension Cullen Blvd to Mykawa Rd
Date of Issuance: 8/25/2023 Change OrderNo.: 6
Contractor: James Construction Group LLC CoP Project No.: TR1405
Consultant: Freese & Nichols P.O. No.: 2020-00001598
Explanation:
This change order is to include water line impacts that conflicted with the proposed storm sewer, added extension arms for
pedestrian push buttons due to the decorated base, power for irrigation system, street light conduit stubup modifications to
meet CenterPoint requirements, BDD4 outfall modifications at pond HS2 and CC-1, additional compensation related to Time
Impact Analysis No. 1 Settlement and drainage revisions along Hatfield. This change order also includes items that were not
required to complete the project and therefore those quantities were deducted from the contract.
Description of Work and Item No.
244 Removal and reinstallation of fire hydrant near Station 30+50
245 Removal, relocation, reinstallation and testing for Stone Road N/S
Water Line
246 6'x3' Box Culvert Realignment at Woody - Item #1: Work
Stoppage - Discovery of Conflict with Existing Water Main
247 6'x3' Box Culvert Realignment at Woody - Item #2: Removal of 24
LF of Previously Set Box Culvert
248 RCB Bend 6'x3'
249 Modification to ADD inlet - install steel plate over half of double
inlet for INLET H1100DP5
250 Water Line Conflicts at Future Max Road and Max Road - Item #1:
Vacuum Truck Services
251 Water Line Conflicts at Future Max Road and Max Road - Item #2:
City Lynx Relocation of MOH Materials (Light Poles) to relocate
water line
252 Water Line Conflicts at Future Max Road and Max Road - Item #3:
Water Line Removal Only
253 Water Line Conflicts at Future Max Road and Max Road - Item #4:
- Water line reinstallation and testing
Cost Time
$ 3,194.02 0 Days
$ 39,024.02 0 Days
$2,137.92
$2,201.29
$7,000.00
$769.92
$ 3,500.52
$1,325.63
$36,882.89
$21,828.58
0 Days
0 Days
0 Days
0 Days
0 Days
0 Days
0 Days
0 Days
Admin 1 of 3 6. Revised 7/25/08
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
CHANGE ORDER
McHard Road Extension Cullen Blvd to Mykawa Rd
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive, Suite300
Pearland, TX 77581
www.cityofpearland.com/projects
Date of Issuance: 8/25/2023 Change OrderNo.: 6
Contractor: James Construction Group LLC CoP Project No.: TR1405
Consultant: Freese & Nichols P.O. No.: 2020-00001598
Description of Work and Item No.
254 Added Extension Arms for Pedestrian Push Buttons
255 Install power for irrigation at Cullen and Hatfield locations: Bore
conduit, tie into signal power, install power wire
256 Street Lights Conduit Stubup Modifications
257 BDD4 Outfall Modifications at Pond HS2
258 BDD4 Outfall Modifications at Pond CC-1
259 Additional Compensation Related to Time Impact Analysis No. 1
Settlement
260 Hatfield Drainage Revisions
2 Barbed Wire Fence (5-Strand)
21 Wood Fence
22 Chain Link Fence
23 Iron Fence (Match Exist)
76 Dewatering (Control of Ground Water as Needed)
Please attach back-up documentation.
Cost Time
$ 16,739.99 0 Days
$ 42,313.47 0 Days
$36,808.68 0 Days
$32,873.10 0 Days
$45,431.46
0 Days
$833,000.00 99 Days
$ 212,358.11 21 Days
($140,149.70) 0 Days
($51,750.00) 0 Days
($81,168.75) 0 Days
($22,950.00) 0 Days
($250,000.00) 0 Days
Admin 2 of 3 6. Revised 7/25/08
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
CHANGE ORDER
McHard Road Extension Cullen Blvd to Mykawa Rd
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive, Suite300
Pearland, TX 77581
www.cityofpearland.com/projects
Date of Issuance: 8/25/2023 Change OrderNo.: 6
Contractor: James Construction Group LLC CoP Protect No.: TR1405
Consultant: Freese & Nichols P.O. No.: 2020-00001596
Cost & Time Change Summary
Original Contract:
Cost Time
$ 29,658,286.30 700 Days
Previous Change Order(s): $ 166,334.21 126 Days
Contract prior to this ChangeOrder: $ 29,824,620.51 826 Days
Net increase (decrease) from this Change Order: $791,371.15 120 Days
Revised Contract: $ 30,615,991.66 946 Days
Finance Approval:
RECOMMENDED:
By:
tant
,-DocuSigned by:
$oG Pca4cc
C80D8FA1 B5BD467_.
ACCEPTED*:
&YIan Bk1'!P
By: Brian Beetle (Sep 11, 2023 14:04 COI)
Contractor
Date
9/12/2023
Sep 11, 2023
By:
RECO r E D D:
lion Manager
,-DocuSigned by:
APPR D.
Date
Date
By: • F838B12DC74642 Date
Owner
9/28/2023 1 4:01 PM CDT
9/11/2023
9/28/2023 1 4:49 PM CDT
Admin 3 of 3 6. Revlsed 7/25/08
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
BD
RYbB
RVDB
DocuSign Envelope ID:4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
McHard Road Extension
Change Order No. 6
ATTACHMENT "A"
Item Pay
Doc # Item No.
Sub
Item
Item Description
Unit
Current
Q Bhty
Bid Unit
Price
Bid Cost
Revised
Quantities
Add/
Deduct
Negotiated
Unit Price
Revised Cost
Cost
Difference
RFI
No.
TxDOT funding
City funding
01
244
Removal and reinstallation of fire hydrant near Station 30+50
LS
0
N/A
$0.00
1
1
$3,194.02
$3,194.02
$3,194.02
$0.00
$3,194.02
02
245
Removal, relocation, reinstallation and testing for Stone Road N/S
Water Line
LS
0
N/A
$0.00
1
1
$39,024.02
$39,024.02
$39,024.02
47
$0.00
$39,024.02
03.1
246
6'x3' Box Culvert Realignment at Woody - Item #1: Work Stoppage -
Discovery of Conflict with Existing Water Main
LS
0
N/A
$0.00
1
1
$2,137.92
$2,137.92
$2,137.92
44
$1,710.34
$427.58
03.2
247
6'x3' Box Culvert Realignment at Woody - Item #2: Removal of 24 LF
of Previously Set Box Culvert
LS
0
N/A
$0.00
1
1
$2,201.29
$2,201.29
$2,201.29
44
$1,761.03
$440.26
03.3
248
RCB Bend 6'x3'
EA
0
N/A
$0.00
2
2
$3,500.00
$7,000.00
$7,000.00
44
$5,600.00
$1,400.00
03.4
249
Modification to ADD inlet - install steel plate over half of double inlet
for INLET HI100DP5
LS
0
N/A
$0.00
1
1
$769.92
$769.92
$769.92
84
$615.94
$153.98
04.1
250
Water Line Conflicts at Future Max Road and Max Road - Item #1:
Vacuum Truck Services
LS
0
N/A
$0.00
1
1
$3,500.52
$3,500.52
$3,500.52
59/60
$0.00
$3,500.52
04.2
251
Water Line Conflicts at Future Max Road and Max Road - Item #2:
City Lynx Relocation of MOH Materials (Light Poles) to relocate water
line
LS
0
N/A
$0.00
1
1
$1,325.63
$1,325.63
$1,325.63
59/60
$0.00
$1,325.63
04.3
252
Water Line Conflicts at Future Max Road and Max Road - Item #3:
Water Line Removal Only
LS
0
N/A
$0.00
1
1
$36,882.89
$36,882.89
$36,882.89
59/60
$0.00
$36,882.89
04.4
253
Water Line Conflicts at Future Max Road and Max Road - Item #4: -
Water line reinstallation and testing
LS
0
N/A
$0.00
1
1
$21,828.58
$21,828.58
$21,828.58
59/60
$0.00
$21,828.58
05
254
Added Extension Arms for Pedestrian Push Buttons
LS
0
N/A
$0.00
1
1
$16,739.99
$16,739.99
$16,739.99
105
$13,391.99
$3,348.00
06
255
Install power for irrigation at Cullen and Hatfield locations: Bore
conduit, tie into signal power, install power wire
LS
0
N/A
$0.00
1
1
$42,313.47
$42,313.47
$42,313.47
65.5
$33,850.78
$8,462.69
07
256
Street Lights Conduit Stubup Modifications
LS
0
N/A
$0.00
1
1
$36,808.68
$36,808.68
$36,808.68
108
$29,446.94
$7,361.74
08
257
BDD4 Outfall Modifications at Pond HS2
LS
0
N/A
$0.00
1
1
$32,873.10
$32,873.10
$32,873.10
$26,298.48
$6,574.62
09
258
BDD4 Outfall Modifications at Pond CC-1
LS
0
N/A
$0.00
1
1
$45,431.46
$45,431.46
$45,431.46
96
$36,345.17
$9,086.29
10
259
Additional Compensation Related to Time Impact Analysis No. 1
Settlement
LS
0
N/A
$0.00
1
1
$833,000.00
$833,000.00
$833,000.00
59/60
$0.00
$833,000.00
11
260
Hatfield Drainage Revisions
LS
0
N/A
$0.00
1
1
$212,358.11
$212,358.11
S212,358.11
99
$169,886.49
$42,471.62
2
1.2
Barbed Wire Fence (5-Strand)
LF
43490
$3.23
$140,472.70
0
-43390
$3.23
-$140,149.70
-$140,149.70
$0.00
-$140,149.70
21
1.18
Wood Fence
LF
1800
$28.75
$51,750.00
0
-1800
$28.75
-551,750.00
-$51,750.00
50.00
-551,750.00
22
1.19
Chain Link Fence
LF
4625
$17.55
$81,168.75
0
-4625
$17.55
-$81,168.75
-$81,168.75
$0.00
-$81,168.75
23
1.20
Iron Fence (Match Exist)
LF
270
$85.00
$22,950.00
0
-270
$85.00
-$22,950.00
-$22,950.00
$0.00
-$22,950.00
76
3.33
Dewatering (Control of Ground Water as Needed)
LF
10000
$25.00
$250,000.00
0
-10000
$25.00
-$250,000.00
-$250,000.00
$0.00
-$250,000.00
Total (This Change Order)
$791,371.15
$318.907.15
$472,464.00
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
McHard Change Order No. 6 Revised COP -
Signature Routing
Final Audit Report
2023-09-11
Created: 2023-09-11
By: Megan Hubbard (mhubbard@prim.com)
Status: Signed
Transaction ID: CBJCHBCAABAA3fUTjSyEYlvdZvDBmbQocwMOiMpzsbSE
"McHard Change Order No. 6 Revised COP - Signature Routing
" History
IL) Document created by Megan Hubbard (mhubbard@prim.com)
2023-09-11 - 6:02:34 PM GMT
C4 Document emailed to Brent Dixon (bdixon@prim.com) for approval
2023-09-11 - 6:05:54 PM GMT
n Email viewed by Brent Dixon (bdixon@prim.com)
2023-09-11 - 6:33:18 PM GMT
C`Co Document approved by Brent Dixon (bdixon@prim.com)
Approval Date: 2023-09-11 - 6:34:12 PM GMT - Time Source: server
E?. Document emailed to Rik Van Den Berg (rvandenberg@prim.com) for approval
2023-09-11 - 6:34:13 PM GMT
' Email viewed by Rik Van Den Berg (rvandenberg@prim.com)
2023-09-11 - 6:58:19 PM GMT
6o Document approved by Rik Van Den Berg (rvandenberg@prim.com)
Approval Date: 2023-09-11 - 6:58:54 PM GMT - Time Source: server
E Document emailed to Brian Beetle (bbeetle@prim.com) for signature
2023-09-11 - 6:58:56 PM GMT
t Email viewed by Brian Beetle (bbeetle@prim.com)
2023-09-11 - 7:02:22 PM GMT
d0 Document e-signed by Brian Beetle (bbeetle@prim.com)
Signature Date: 2023-09-11 - 7:04:31 PM GMT - Time Source: server
pa Adobe Acrobat Sign
DocuSign Envelope ID: 4DDFB63B-7ADO-41B1-B32F-OEBCA9573CB9
(.) Agreement completed.
2023-09-11 - 7:04:31 PM GMT
el Adobe Acrobat Sign
SETTLEMENT AGREEMENT
This Settlement Agreement ("the Agreement") is made by and between the City of
Pearland ("CITY") and Freese and Nichols,'Inc. ("FNI"), collectively (the "Parties"), effective
the CO day of ,` , 2024
Recitals
1 On August 1, 2014, the Parties entered a contract for professional engineering design
services associated with the McHard Road Expansion Project ("Project"); and
2. The Final Change Order ("Change Order") for the Project resulted in a payment by
CITY to the Project contractor in the amount of $791,371 15, and
3 CITY disputed responsibility for the costs of the Change Order amount and has since
been in negotiations with FNI to resolve the dispute, and the Parties have since reached an
agreement and understanding with respect to the amount owed under the Change Order; and
4 The Parties agree that the Change Order amount was previously paid to the contractor for
the Project, and that FNI will reimburse CITY $174,487 52 of the $791,371 15 Change Order
5 To avoid the uncertainties, annoyance and expense of litigation, the parties have agreed,
without any party making any admission to any other party, to settle the disputes and
controversies regarding the Contract.
Agreements, Covenants and Releases
6 For and in consideration of the agreements, covenants and releases set forth herein, upon
the execution of this Agreement, FNI shall pay to CITY the aggregate sum of $174,487.52
7 In further consideration of the agreements, covenants and releases set forth herein, FNI
hereby releases, acquits and discharges CITY, together with its directors, officers, shareholders,
employees, subcontractors, agents, attorneys, representatives, consultants and subsidiary and
parent organizations, from and against any and all claims, damages, debts, obligations,
controversies, attorneys fees, costs, suits, demands, liabilities, or causes of action, of any kind or
nature whatsoever, at law or in equity, in contract or tort, general or special, for injuries or
damages, liquidated or unliquidated, known or unknown, now existing or that might arise
hereafter, relating to or ansing out of or in any way connected to the Contract.
8. In further consideration of the agreements, covenants and releases set forth herein, CITY
hereby releases, acquits and discharges FNI, together with its directors, officers, shareholders,
employees, subcontractors, agents, attorneys, representatives, consultants and subsidiary and
parent organizations, from and against any and all claims, damages, debts, obligations,
controversies, attorneys fees, costs, suits, demands, liabilities, or causes of action, of any nature
whatsoever, at law or in equity, in contract or tort, general or special, for injuries or damages,
liquidated or unliquidated, known or unknown, now existing or that might arise hereafter,
relating to or arising out of or in any way connected to the Contract.
9 No party to this Agreement makes any acknowledgment or admission of any liability to
any other party to this agreement, and each party expressly agrees that this Agreement is made
for the sole purpose of compromising a claim which is disputed as to validity and amount.
10 This Agreement reflects the entire agreement between the parties. There are no other
agreements, either written or oral, and the execution and delivery of this written Agreement
supersedes any and all prior representations, negotiations or agreements pertaining to the subject
matter thereof.
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11 This Agreement may be executed in multiple counterparts, all of which, taken together,
shall constitute but a single agreement, and each of which shall be deemed an original.
12. This Agreement shall be governed and construed by the substantive laws of the state of
Texas, without regard to the choice of law rules of Texas or of any other jurisdiction.
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STATE OF TEXAS
COUNTY OF TARRANT§
§
§
VERIFICATION
BEFORE ME, the undersigned authority, on this day personally appeared Charles M.
Wolf, who, being first duly sworn, stated that he is an authorized representative of and is entitled
to make this verification on behalf of Freese and Nichols, Inc., and that he has read the foregoing
Settlement Agreement and the facts asserted in the fore 1ng ettlement Agreement are within
his personal knowledge and are true and correct.
Sworn to and subscribed before me the O2-/ day of Nlkriai(/ , 2024
)
Notary Public in or the
Stated as..a... �,. _ _
ANA RODRIGUEZ
Notary Public, State of Texas
Comm. Expires 07-17-2027
NotarylO 13210014-4
IP
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VERIFICATION
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared
, who, being first duly sworn, stated that he is an
authorized re resentative of and is entitled to make this venfication on behalf of
P-Pct-(, has read the foregoing Settlement Agreement and the facts
asserted fn the foregoing Settlement Agreement are within his personal knowledge and are true
and correct.
Sworn to and subscribed before me the day of A�� l , 2024
tary P b bhc in 3 d for the
ate of Texas
,, .,,PY Pjj'' JENNIFER SHYLAN CADMUS
< t Notary Public, State of Texas
N *= My Commission Expires
,,Fops+V December 17, 2024 -
NOTARY ID 1166200-6
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