R2023-295 2023-12-11DocuSign Envelope ID: 2AF3692E-CA68-4B23-9B51-5BFF49546676
RESOLUTION NO. R2023-295
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Baxter & Woodman, Inc., for professional services associated
with the Liberty Water Facility Rehabilitation Project, in the estimated amount
of $260,255.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services associated with the Liberty
Water Facility Rehabilitation 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 contract for professional services associated with the Liberty Water
Facility Rehabilitation Project.
PASSED, APPROVED and ADOPTED this the 11th day of December, A.D., 2023.
ATTEST:
,—DocuSigned by:
. .a. LtS SatatA) For
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
f—DocuSigned by:
B4 CAS &4B-4B4B6
DARRIN M. COKER
CITY ATTORNEY
DocuSigned by:�t
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J. KEVIN COLE
MAYOR
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Exhibit A
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pcarland
("CITY") and Baxter & Woodman. Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Liberty Water Production Facility Rehabilitation ("PROJECT"). (Project #WA2301)
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 professional services. Sec 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.
13. 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 he 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 al] final constniction documents in both hard
copy and electronic format. Plans shall he 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 he
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in T1F 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
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and omissions relating to the performance of any work by the CONSULTANT, its
agents, employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or dcstniction 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, S1,000,000 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. The CONSULTANT shall agree to waive its Right to Subrogation.
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.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end August l , 2026.
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 (Not to Exceed) $165,0] 5.00
2. Additional Services shall require independent and specific
authorization and shall he pilled as (Not to Exceed): $21,815.00
3. Bid Phase Services (Hourly Not to Exceed) $8,970.00
4. Construction Phase Services (Ilourly Not to Exceed) $62,205.00
5. Reimbursable Expenses (Not to Exceed) $2,250.00
6. Total: S260.255.00
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.
D. CONSULTANT shall invoice for work performed during the preceding thirty day
period ("Billing Period"). The Billing Period shall run from the 26th day to the 25th
day of each consecutive month. Invoices shall be submitted to CITY not more
frequently than once every 30 days. CONSULTANT shall be responsible for
timely submittal of all invoices and CONSULTANT shall not be entitled to
payment for invoices in arrears. All invoices shall reflect most recent single Billing
Period only and represent the true, correct and accurate account of work performed
during the Billing Period.
E, For an agreed contract amount identified as "Lump Sum", Not to Exceed" and
"Reimbursable" the CONSULTANT shall not exceed the fixed contractual amount
without written authorization in the form of a Contract Amendment.
CONSULTANT shall provide 45 days prior notice to the CITY in the event contract
fees may exceed the fixed contract amount. CONSULTANT shall be responsible
for ensuring that such authorization is complete and executed by all parties
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performing any work or submitting any invoices for work that exceeds the fixed
contract amount under any expense category.
F. Allowable Reimbursable Expenses
CONSULTANT shall identify and include in the proposal any anticipated
Reimbursable Expenses, and shall itemize Reimbursable Expenses by work
category. Reimbursable Expenses shall be invoiced AT COST without subsequent
markup by the CONSULTANT. All invoices containing a request for
Reimbursable Expenses shal] include copies of the original expense receipts
itemized per the allowable category. Allowable Reimbursable Expenses include:
• Hard copy reproductions, copies and/ or binding costs
• Postage
• Mileage, for travel from Consultant's local office (within a 25 mile radius)
to meetings at the City or job -site. Mileage shall be charged at the current
IRS rates.
• Travel expenses, mileage from local office to State or federal regulatory
agency office beyond 100 miles.
• Lodging expenses, for destinations beyond 100 miles from the Consultant's
local office AND when business hours exceed eight hours within one
business day OR requires more than one eight hour day.
F.2. Disallowed Expenses
Disallowed Expenses include travel expenses for professional expertise traveling
into the greater Houston area from Consultant offices outside of the greater Houston
area.
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 shal] 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 CONSULTANT'S
responsibility for errors or omissions of the CONSULTANT or its sub -
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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 11450 Compaq Center West Drive Suite 66(] I louston, TX
77070. 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.
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 panics agree first to try in good faith, and
before pursuing any legal remedies, to settle the dispute by mediation of a third
party who will be selected by agreement of the parties.
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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 crnploycc,
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.
�DocuSigned by:
�F838B12DC746423...
CITY OF PEARLAND, TEXAS
12/12/2023 1 4:50 PM CST
DATE
November 28, 2023
SULTANT DATE
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House Bill 89 Verification
I, Tom Matkin, PE, Vice President (Person name), the undersigned
representative (hereafter referred to as "Representative") of Baxter & Woodman, Inc.
(company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Peariand; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli -controlled territory, but does not include an action
made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
2$` ` day of t.], 20Z3.
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MICI-',AEL A
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Notary Public
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Exhibit A
BAXTER WOODMAN
11450 Compaq Center W Dr., Suite 660, Houston, TX 77070 • baxterwaodman.con
October 31, 2023
Ms. Jasmine Acero, PMP
Project Manager — Engineering & Public Works
City of Pearland
2016 Old Alvin Road
Pearland, Texas 77581
Subject: Proposal for Engineering and Construction Phase Services for the City of Pearland's Liberty
Water Production Facility Rehabilitation
Dear Ms. Acero:
Baxter & Woodman, Inc. is pleased to provide a proposal for engineering services associated with the City
of Pearland Liberty Water Production Facility Rehabilitation project. We understand the goal for this
project is to reduce service interruptions, replace aging infrastructure, and improve instrumentation and
controls to operate the plant more efficiently. This proposal is based on our initial meetings,
conversations, and information provided by the City of Pearland (City). An overview of the project and
scope of services are outlined below:
1. WORK OVERVIEW
A. Current Facility
The Liberty Water Production Facility is located at 3519 Liberty Drive, adjacent to City Hall.
The facility contains a 571,000-gallon ground storage tank (GST), a 500,000-gallon elevated
storage tank (EST), a water well, a pump building with three (3) 50-hp booster pumps (2 — 750
gpm pumps, 1 — 1,000 gpm pump), chemical storage tanks and associated feed pumps, and
an emergency generator. As mentioned during the preliminary scoping meeting, the Liberty
Water Production Facility must be online between the months of May and October.
B. Requested Improvements
Baxter & Woodman representatives met with City Public Works staff on Monday, April 17,
2023, for a scoping meeting to review the project scope and visit the site. Based on
information provided to Baxter & Woodman as well as the items discussed during the site
visit and scoping meeting, the following base improvements (Priority 1) have been requested:
1) Replace three (3) existing 50-hp booster pumps and add variable frequency drive
(VFD) motors.
2) Replace plant discharge piping, valves, and instrumentation:
a) Replace above ground booster pump discharge piping, valves, and
instrumentation
b) Replace below ground water lines within the limits of the plant site
c) Reconfigure booster piping to a single discharge location with a single flow meter
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
BAXTEILZIOODMAN
Consulting Engineers Consulting Engineers
3) Construct new chemical storage and chemical feed building:
a) Include containment area for LAS, poly -phosphate, and bleach tanks
b) Reconfigure chemical feed pumps, piping, and equipment (reusing any
equipment in good working condition and replacing equipment as needed)
c) Incorporate existing slab and containment walls if possible
4) Replace the existing gravel driveway with a concrete driveway with larger turning
radius.
5) Replace the existing chain link barbed wire fence with 8-foot-tall cedar fence,
including motor -operated cantilevered entrance gate replacement.
a) To be determined pending City's discussion with Community Development group
6) Install badge access system for the entrance gate.
7) Install security cameras to cover the front gate entrance, building entrances, inside
the plant, and the back (south) area of the plant.
8) Add a two-inch water service line and hose bibb.
9) Improve pump room HVAC system to ensure controls and VFDs are well cooled.
10) Seal pump room roof to prevent leaks.
11) Grading and drainage improvements on -site:
a) Replace storm inlets in poor condition
b) Construct swales to control direction of stormwater runoff
12) Replace GST transducer with a radar level transducer to control the on -site well using
level setpoints from the GST.
13) Install site lighting to improve visibility throughout the plant site.
14) Replace existing disconnect switches with a 480V Power Distribution Cabinet.
15) Add a new soft starter for the existing water well motor.
The following is a list of additional improvements (Priority 2) for City consideration. Design
work associated with these items is included in the additional services estimate.
16) Improve access to emergency generator for operation and maintenance to meet
safety code:
a) Addition of a stairway, handrails, and access platform with grating.
17) Improve the Plant's power surge suppression.
18) Replace freeze protection for critical infrastructure.
19) Replace the Automatic Transfer Switch.
20) Replace the lighting panel.
21) Replace the pump room interior building lighting.
22) Expand scope of concrete pavement to include the entire limits of the existing gravel
parking and turnaround area.
Ms. Jasmine Acero, PMP October 31, 2023
City of Pearland, TX 2325221.00 • Page 2
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BAXTE�WOODMAN
Consulting Engineers Consulting Engineers
23) Off -site drainage improvements from the existing entrance drive culvert to the
discharge location at Liberty Drive:
a) Scope is to be determined after receiving topographic survey information
24) Upsize or replace existing well discharge piping, valves, and instrumentation:
b) Scope is to be determined pending findings of well capacity study, by others
2. SCOPE OF SERVICES
A. Project Management
1) Project Meetings
a) Design Kick -Off meeting with City
b) 30% Submittal Review and Minutes
c) 60% Submittal Review and Minutes
d) 90% Submittal Review and Minutes
e) Technical Review Committee (TRC) Meeting and Minutes
2) Invoicing - Monthly invoicing completed using City's project management system
(Protrak) to include progress report and receipts for reimbursables.
3) Public Agency Meetings - Conduct up to two (2) meetings with TCEQ, Brazoria
County, or other agency to consult with and review the project.
B. Preliminary Design Phase Services
1) Data Collection - Design Kick-off Meeting with City
a) Review any additional information provided by City staff not relayed during
Scoping Meeting
2) Surveying
a) Obtain all field information needed for design of the project, including
topographic and boundary survey
b) Provide horizontal and vertical control for existing improvements and physical
features
c) Provide general locations of trees, bushes and landscaping
d) Provide temporary benchmarks and GPS coordinates for control points using the
City's existing benchmarks
3) Subsurface Utility Engineering (SUE) - Locate existing subsurface utilities on the plant
site utilizing ground -penetrating radar and/or performing exploratory potholing at
critical locations and near sensitive facilities.
Ms. Jasmine Acero, PMP October 31, 2023
City of Pearland, TX 2325221.00 • Page 3
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BAXTEILZIOODMAN
Consulting Engineers Consulting Engineers
4) Geotechnical - Drill, classify, and perform pertinent tests on soils at two (2) locations
at a depth of twenty (20) feet; near the proposed chemical building to support
foundation design of new structure.
C. Design Phase Services
1) Construction Plans and Specifications
a) Submit for review detailed construction plans at 30%, 60%, 90% and TRC
milestones
b) Provide SWPPP plans and specifications
c) Submit 100% signed and sealed plans for City Engineer's signature
d) Submit plans and application for City permits
e) Prepare bid set for distribution via the City's electronic bid system
2) Cost Estimates - Submit for review detailed construction cost estimates at 60%, 90%,
TRC Review, and Bid Set milestones.
3) Project Manual
a) Submit for review a draft project manual including bid form, technical
specifications, and contract documents at 90% review milestone
b) Submit final project manual for TRC review milestone
c) Submit signed and sealed project manual at Bid Set milestone for distribution via
the City's electronic bid system
4) Engineering Design Report
a) Provide a Preliminary Engineering Design Report at 30% milestone submittal
b) Provide a Final Engineering Design Report at TRC Review milestone
D. Bid Phase Services
1) Advertising - Advertisement shall be the responsibility of the City. Baxter & Woodman
will provide Notice to Bidders and list of bid items in an electronic format appropriate
for the City's e-bid system.
2) Bidding
a) Attend and chair a pre -bid meeting
b) Answer in writing any questions from bidders and prepare necessary addenda
c) Work with Project Manager to evaluate and determine acceptability of "or
equals" and substitute materials and equipment proposed by Bidders
d) Work with Project Manager to determine bid strategies and incorporate into the
bid form
Ms. Jasmine Acero, PMP October 31, 2023
City of Pearland, TX 2325221.00 • Page 4
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BAXTE�WOODMAN
Consulting Engineers Consulting Engineers
3) Project Award
a) Attend bid opening meeting
b) Prepare Certified Bid Tabulation, including reconciliation of mathematical errors
or discrepancies
c) Review for unbalanced bid items
d) Review of Contractor qualifications, references, and financial standing
e) Explanation of discrepancies between Engineer's Cost Estimate and Bid Cost
f) Prepare Recommendation of Award Letter with engineer's recommendation in
writing to the City
g) Attend City Council meeting and present the recommendation for award of a
Contract for construction
4) Final Plans and Project Manuals - Produce and transmit to the selected Contractor
four (4) sets of plans and project manuals in hard copy, and one electronic format
copy to the Project Manager, in a format ready for execution with the City's Notice of
Intent to Award (NOI).
E. Construction Phase Services
1) Construction Administration
a) Attend pre -construction meeting to provide information and answer questions
b) Attend monthly progress meetings with Construction Manager, Contractor, and
City of Pearland
c) Review and respond to submittals, RFIs and RFPs including coordination with the
Construction Manager for any Change Orders using Pro-Trak system
d) Review and approve monthly pay applications by coordinating with the
Construction Manager and using the City of Pearland's Pro-Trak system
e) Answer questions and provide interpretive guidance for the Contractor and
Construction Manager during resolutions of issues or problems
f) Coordinate with Construction Manager to review progress of work for
determination of Substantial Completion:
I. Produce Final Punch List
II. Issue Certificate of Substantial Completion
III. Issue Certificate of Final Acceptance
g) Issue letter to the City recommending acceptance and release of final payment
h) Review Contractor's As -Built redlines and provide comments
i) Complete Record Drawings in a reproduceable, electronic format including a
shape file for GPS location of underground utilities
Ms. Jasmine Acero, PMP October 31, 2023
City of Pearland, TX 2325221.00 • Page 5
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BAXTE�WOODMAN
Consulting Engineers Consulting Engineers
3. PROJECT SCHEDULE
The basic design services shall be completed within twelve (12) months of the Notice to
Proceed, provided City review periods after submittals do not exceed three (3) weeks each.
The construction duration is estimated at 15-18 months based on equipment lead time.
4. ENGINEERING FEE - Baxter & Woodman shall be compensated for the services provided as
outlined below:
A. Project Management Services - $21,760 (Lump Sum)
B. Preliminary Design Services - $19,995 (Lump Sum)
C. Final Design Basic Services - $123,260 (Lump Sum)
D. Bid Phase Services - $8,970 (To Be Billed Hourly)
E. Construction Phase Services - $62,205 (Time and Materials, estimated)
F. Reimbursable Expenses - $2,250 (Time and Materials, estimated)
Total Contract Amount - $238,440
G. Final Design Additional Services - $21,815 (Lump Sum)
Total Contract Amount (w/ Additional Services) - $260,255
5. ATTACHMENTS
A. Construction Cost Estimate
B. Level of Effort (Man Hour Breakdown)
C. Subconsultant Proposals
The Owner shall pay Baxter & Woodman for the services performed or furnished a total amount of
$238,440. Should the Owner authorize Baxter & Woodman to perform the additional services, the Owner
shall pay Baxter & Woodman for the services performed or furnished a total amount of $260,255.
Ms. Jasmine Acero, PMP October 31, 2023
City of Pearland, TX 2325221.00 • Page 6
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BAXTE�WOODMAN
Consulting Engineers Consulting Engineers
If you find this Proposal acceptable, please inform this office in writing and provide the Professional
Services Agreement for our review and signature.
Sincerely,
BAXTER & WOODMAN, INC.
CONSULTING ENGINEERS
TBPELS REGISTRATION NO. F21783
Michael A Kurzy, PE
Executive Vice President
Ms. Jasmine Acero, PMP October 31, 2023
City of Pearland, TX 2325221.00 • Page 7
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
City of Pearland
Liberty Water Facility Rehabilitation
Includes Booster Pump Replacement, Water Line Replacement
Improvements to Pump Building, New Chemical Building,
New Driveway and Entry Access, Miscellaneous Electrical
Improvements, Site Grading and Drainage Improvements
Prepared By:
Checked By:
Reviewed By:
Update Date:
Print Date:
MWF
MWF
MWF
10/27/23
Preliminary Opinion of Probable Construction Cost
Cost
1.0
Site Work
$ 347,000
2.0
Water Line Replacement
$ 201,000
3.0
Booster Pump Replacement
$ 354,000
4.0
Booster Pump Building
$ 33,000
5.0
Chemical Building
$ 212,000
6.0
Emergency Generator
$ 61,000
7.0
Electrical and Instrumentation
$ 396,000
SUBTOTAL
$ 1,604,000
8.0
Contractor Mobilization/Demobilization, Overhead, Insurance, Bonds, Profit
$ 401,000
9.0
Contingencies
$ 401,000
CONSTRUCTION TOTAL
$ 2,406,000
10.0
Engineering
$ 260,255
PROJECT TOTAL
$ 2,666,255
Item
Description
Quantity
Unit
influenkece %
Unit Cost
Install Cost
Total Cost
1.0
Site Work
Grade, Top Soil and Seeding
400.0
SY
10%
S 25
$ 11,000
Box and Grate Inlet
3.0
EA
10%
S 4,500
$ 14,850
Demolition of Existing Gravel Driveway
70.0
SY
10%
S 35
$ 2,695
Concrete Paving - Entrance Driveway
70.0
SY
10%
S 150
$ 11,550
Concrete Paving - Full Site
330.0
SY
10%
S 150
$ 54,450
Demolish existing Security Fence - Full Plant Perimeter
850.0
LF
10%
S 5
$ 4,675
Motor Operated Cantilevered Entrance Gate - 24 Foot
1.0
EA
10%
$ 12,000
$ 13,200
New 8-Foot Cedar Security Fence - Full Plant Perimeter
850
LF
10%
$ 85
$ 79,475
Site Lighting
1
LS
10%
$ 40,000
$ 44,000
Remove and Replace 18" RCP Storm Sewer, Buried
450
LF
10%
$ 225
$ 111,375
Category Subtotal
$ 347,270
2.0
Water Line Replacement
10" C-900 PVC Water Line
80.0
LF
10%
S 110
$ 9,680
12" C-900 PVC Water Line
380.0
LF
10%
S 130
$ 54,340
18" C-900 PVC Water Line
260.0
LF
10%
$ 170
$ 48,620
Booster Pump Discharge Piping, Valves and Fittings - DIP
1.0
LS
10%
$ 80,000
$ 88,000
Category Subtotal
$ 200,640
3.0
Booster Pump Replacement
750-GPM End -Suction Centrifugal Booster Pump
2
EA
10%
$ 50,000
$ 20,000.00
$ 154,000
1000-GPM End -Suction Centrifugal Booster Pump
1
EA
10%
$ 55,000
$ 22,000.00
$ 84,700
50-HP Motor with Variable Frequency Drive
3
EA
10%
$ 25,000
$ 10,000.00
$ 115,500
Category Subtotal
$ 354,200
4.0
Booster Pump Building
Replace HVAC System
1.0
LS
10%
$ 8,000
$ 8,800
Seal Roof for Leaks
1.0
LS
10%
$ 12,000
$ 13,200
Replace existing interior ceiling mounted lighting
1.0
LS
10%
$ 10,000
$ 11,000
Category Subtotal
$ 33,000
5.0
Chemical Building
Construction of CMU Building
1.0
LS
10%
$ 120,000
$ 48,000.00
$ 184,800
Eyewash and Emergency Shower
1.0
EA
10%
$ 1,500
$ 600.00
$ 2,310
Reconfigure chemical feed equipment
1.0
LS
10%
$ 15,000
$ 6,000.00
$ 23,100
Demolition of old building
1.0
LS
10%
$ 1,500
$ 1,650
Category Subtotal
$ 211,860
Page 1 of 2
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
6.0
Emergency Generator
Stairs, Platform, Handrail and Walkway
1.0
LS
10%
$ 35,000
$ 38,500
Replace Automatic Transfer Switch
1.0
LS
10%
$ 20,000
$ 22,000
Category Subtotal
$ 60,500
7.0
Electrical and Instrumentation
Water Well Soft Starter
1.0
LS
10%
5 30,000
$ 33,000
Badge Access System
1.0
LS
10%
S 10,000
$ 11,000
Security Cameras
1.0
LS
10%
S 30,000
$ 33,000
Replace GST Transducer
1.0
LS
10%
S 7,500
$ 8,250
Replace disconnect switches with power distribution cabinet
1.0
LS
10%
S 80,000
$ 88,000
Piping instrumentation
1.0
LS
10%
5 15,000
$ 16,500
SCADA Programming
1.0
LS
10%
$ 50,000
$ 55,000
Improve power surge supression
1.0
LS
10%
$ 15,000
S 16,500
Replace Lighting Panel
1.0
LS
10%
$ 17,500
5 19,250
Chemical Feed System Controls and Programming
1.0
LS
10%
$ 100,000
5 110,000
Replace freeze protection
1.0
LS
10%
$ 5,000
5 5,500
Category Subtotal
$ 396,000
SUBTOTAL
$ 1,604,000
8.0
Contractor Mobilization/Demobilization, Overhead, Insurance, Bonds, Profit
25%
$ 401,000
9.0
Contingencies
20%
$ 401,000
CONSTRUCTION TOTAL
$ 2,406,000
10.0
Engineering
$ 260,255
PROJECT TOTAL
$ 2,666,255
Notes:
1. Prices are based on recent bid costs and are subject to change. A market influence mulitiplier of 10% has been applied to each line item based on recent industry trends.
2. This cost estimate includes both Priority 1 and Priority 2 items as outlined in the proposal. Items highlighted in yellow are considered Priority 2 items. The fee for additional
services includes the design work for Priority 2 items .
Page 2 of 2
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Client PERLC - City of Pearland
Project Name Liberty Water Production Facility Rehab
Project Number 2325221.00
Project Manager MWF
Work Breakdown Structure
BUDGET
QC Team
Vice Pres
Senior
EngineerVll
Engineer V /
Project Graduate
Manager Engineer I
Structural Structural
Manager Engineer
Electrical Electrical
Manager Engineer
I & C Manager I & C
Engineer
Const Mgr II
Const Mgr I
Field Rep III
Field Rep II
Production
Manager
CAD Tech II
Admin
Assistant))
Total Labor
Cost
Expenses
sub -
Consultant
cost(+1o%)
Total
Hours
Total Cost
Phase
Task
Sub
Task
Description
Process/Civil/Mechanical/
Structural/Electrical/I&C
Construction
Production
Admin
$250
$230
$200
$120
$230 $200
$200 $165
$200 $165
$185 $175 $130
$110
$175
$140
$85
001
ProiectManagement
8
0
54
36
0
0
8
8
0
4
2
2
0
0
0
0
4
$ 21,760
$ 350
0
126
$ 22,110
A
Project Meetings
8
0
28
28
0
0
8
4
0
4
2
2
0
0
0
0
0 I
$ 14,600
$ 350
$ -
84
$ 14,950
1
Project Kick-off Meeting
4
4
4
4
4
$ 3,400
$ 150
$ -
20
$ 3,550
2
30% Milestone Meeting and Minutes
4
5
$ 1,400
$ 50
$ -
9
$ 1,450
3
60% Milestone Meeting and Minutes
4
5
$ 1,400
$ 50
$ -
9
$ 1,450
4
90% Milestone Meeting and Minutes
4
5
$ 1,400
$ 50
$ -
9
$ 1,450
5
TRC Milestone Meeting and Minutes
4
5
$ 1,400
$ 50
$ -
9
$ 1,450
6
Subconsultant Coordination
8
4
$ 2,080
$ -
$ -
12
$ 2,080
7
Internal QA/QC Reviews
8
4
2
2
$ 3,520
$ -
$ -
16
$ 3,520
B
Invoicing =
0
0
18
0
0
0
0
0
0
0
0
0
0
0
0
0
4
$ 3,940
$ -
$ -
22
$ 3,940
1
Monthly Invoicing - Pro-Trak
18
4
$ 3,940
$ -
$ -
22
$ 3,940
C
Public Agency Meetings
0
0
8
8
0
0
0
4
0
0
0
0
0
0
0
0
0
$ 3,220
$ -
$ -
20
$ 3,220
1
Meetings with Public/Govemment Agencies (2)
8
8
4
$ 3,220
$ -
$ -
20
$ 3,220
002
Preliminary Design
0
0
2
4
0
2
0
6
0
4
0
5
5
0
0
0
0
$ 4,455
$ 200
$ 15,540
28
$ 20,195
A
Data Collection
0
0
2
4
0
2
0
6
0
4
0
5
5
0
0
0
0
$ 4,455
$ 200
$ 15,540
28
$ 20,195
1
Review Historical Data and Records
2
4
2
6
4
$ 2,930
$ -
$ -
18
$ 2,930
2
Subsurface Utility Engineering
5
5
$ 1,525
$ 200
10
$ 1,725
3
Boundary and Topographic Survey
$ -
$ -
$ 7,785
0
$ 7,785
4
Geotechnical Engineering
$ -
$ -
$ 7,755
0
$ 7,755
003
Final Design - Basic Services
0
0
40
208
4
26
29
139
19
46
0
0
0
0
25
264
32
$ 123,260
0
0
832
$ 123,260
A
30% Design
0
0
12
68
0
0
4
30
4
10
0
0
0
0
8
106
6
$ 35,510
$ -
$ -
248
$ 35,510
1
General Civil Site Work
2
8
2
32
$ 6,190
$ -
$ -
44
$ 6,190
2
Piping Plan and Profiles
2
12
1
24
$ 5,375
$ -
$ -
39
$ 5,375
3
Pump Building Plan and Profiles
2
12
1
12
$ 3,695
$ -
$ -
27
$ 3,695
4
Chemical Building Plan and Profiles
2
12
2
24
$ 5,550
$ -
$ -
40
$ 5,550
5
Detail Sheets
4
1
2
$ 935
$ -
$ -
7
$ 935
6
Process Schematics
2
12
1
12
$ 3,695
$ -
$ -
27
$ 3,695
7
Structural
$ -
$ -
$ -
0
$ -
8
Electrical
4
24
$ 4,760
$ -
$ -
28
$ 4,760
9
Automation and Control
4
8
$ 2,120
$ -
$ -
12
$ 2,120
10
Specs and Bid Documents
2
8
6
2
6
$ 3,190
$ -
$ -
24
$ 3,190
11
Opinion of Probable Construction Cost
$ -
$ -
$ -
0
$ -
B
60%Design
0
0
1111
2
1t_
12
.1.'
6
1
0
0
0
•
7-
41,290
$ -
$ '
271
$ 41,290
1
General Civil Site Work
2
8
3
3
2
24
$ 6,270
$ -
$ -
42
$ 6,270
2
Piping Plan and Profiles
2
8
1
16
$ 3,775
$ -
$ -
27
$ 3,775
3
Pump Building Plan and Profiles
2
16
1
12
$ 4,175
$ -
$ -
31
$ 4,175
4
Chemical Building Plan and Profiles
2
20
2
12
$ 4,830
$ -
$ -
36
$ 4,830
5
Detail Sheets
2
1
2
$ 695
$ -
$ -
5
$ 695
6
Process Schematics
1
4
1
8
$ 1,975
$ -
$ -
14
$ 1,975
7
Structural
2
16
$ 3,660
$ -
$ -
18
$ 3,660
8
Electrical
6
40
$ 7,800
$ -
$ -
46
$ 7,800
9
Automation and Control
8
$ 1,320
$ -
$ -
8
$ 1,320
10
Specs and Bid Documents
1
4
2
16
2
4
6
$ 5,290
$ -
$ -
35
$ 5,290
11
Opinion of Probable Construction Cost
1
2
1
2
1
2
$ 1,500
$ -
$ -
9
$ 1,500
C
90%Design
0
0
+10
1
8MMIE
9
1
0
0
0
JIMMIE
7
)j] 31,370
$ -
209 1$
31,370
1
General Civil Site Work
1
4
1
16
$ 3,095
$ -
$ -
22
$ 3,095
2
Piping Plan and Profiles
2
8
1
8
$ 2,655
$ -
$ -
19
$ 2,655
3
Pump Building Plan and Profiles
2
12
1
8
$ 3,135
$ -
$ -
23
$ 3,135
4
Chemical Building Plan and Profiles
2
16
2
12
$ 4,350
$ -
$ -
32
$ 4,350
5
Detail Sheets
2
1
6
$ 1,255
$ -
$ -
9
$ 1,255
6
Process Schematics
2
1
2
$ 695
$ -
$ -
5
$ 695
7
Structural
1
8
$ 1,830
$ -
$ -
9
$ 1,830
8
Electrical
6
24
$ 5,160
$ -
$ -
30
$ 5,160
9
Automation and Control
2
8
$ 1,720
$ -
$ -
10
$ 1,720
10
Specs and Bid Documents
2
8
2
16
2
4
8
$ 6,140
$ -
$ -
42
$ 6,140
11
Opinion of Probable Construction Cost
1
2
1
2
1
1
$ 1,335
$ -
$ -
8
$ 1,335
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
D
100%Design
0
0
7
1
4
9
4
MEME 0
0
0
0
2
32
12
$ 15,090
$ -
$ 15,090
1
General Civil Site Work
1
4
2
8
$ 2,150
$ -
$ -
15
$ 2,150
2
Piping Plan and Profiles
1
2
4
$ 1,000
$ -
$ -
7
$ 1,000
3
Pump Building Plan and Profiles
1
2
4
$ 1,000
$ -
$ -
7
$ 1,000
4
Chemical Building Plan and Profiles
1
4
8
$ 1,800
$ -
$ -
13
$ 1,800
5
Detail Sheets
2
4
$ 800
$ -
$ -
6
$ 800
6
Process Schematics
2
4
$ 800
$ -
$ -
6
$ 800
7
Structural
1
2
$ 630
$ -
$ -
3
$ 630
8
Electrical
2
6
$ 1,390
$ -
$ -
8
$ 1,390
9
Automation and Control
2
6
$ 1,390
$ -
$ -
8
$ 1,390
10
Specs and Bid Documents
2
4
1
2
1
2
12
$ 2,960
$ -
$ -
24
$ 2,960
11
Opinion of Probable Construction Cost
1
2
1
1
1
1
$ 1,170
$ -
$ -
7
$ 1,170
004
Final Design -Additional Services
0
0
7
38
2
16
6
L2
2
13
0
0
0
0
0
32
4
$ 21,815
$ -
$ -
142
$ 21,815
A
Design
0
0
7
38
2
16
6
22
2
13
0
0
0
0
0
32
4
$ 21,815
$ -
$ -
142
$ 21,815
1
General Civil Site Work
2
16
12
$ 4,000
$ -
$ -
30
$ 4,000
2
Piping Plan and Profiles
1
4
8
$ 1,800
$ -
$ -
13
$ 1,800
3
Pump Building Plan and Profiles
1
2
4
$ 1,000
$ -
$ -
7
$ 1,000
4
Chemical Building Plan and Profiles
$ -
$ -
$ -
0
$ -
5
Detail Sheets
4
4
$ 1,040
$ -
$ -
8
$ 1,040
6
Process Schematics
2
4
$ 800
$ -
$ -
6
$ 800
7
Structural
2
16
$ 3,660
$ -
$ -
18
$ 3,660
8
Electrical
4
12
$ 2,780
$ -
$ -
16
$ 2,780
9
Automation and Control
2
8
$ 1,720
$ -
$ -
10
$ 1,720
10
Specs and Bid Documents
2
8
1
8
4
4
$ 3,880
$ -
$ -
27
$ 3,880
11
Opinion of Probable Construction Cost
1
2
1
2
1
$ 1,135
$ -
$ -
7
$ 1,135
005
Bid Phase
0
0
10
19
0
0
5
13
0
0
3
0
0
0
0
12
$ 8,970
$ 100
$ -
62
$ 9,070
A
Pre -Bid Meeting
3
3
3
3
$ 1,980
$ 100
$ -
12
$ 2,080
B
Addenda
4
8
4
8
4
$ 4,220
$ -
$ -
28
$ 4,220
C
Bid Tabulation
1
2
2
$ 610
$ -
$ -
5
$ 610
D
Bid Award
2
4
1
2
2
$ 1,580
$ -
$ -
11
$ 1,580
E
Contract Prep
2
•
•
4
$ 580
$ -
$ -
6
$ 580
Engineering Hours
8
0
113
305
6
44
48 188
21
67
2
10
5
0
52
869
$ 150,635
Engineering Costs
$ 2,000.00
$ -
$ 22,600.00 $ 36,600.00
$ 1,380.00 $ 8,800.00
$ 9,600.00 $ 31,020.00
$ 4,200.00 $ 11,055.00
$ 370.00 $ 1,750.00 $ 650.00
$ -
$ 4,420.00
$ 134,445 $ 650 $ 15,540
Production Hours
1111
25
296
$ 45,815
321
$ 45,815
Production Costs
TOTAL DESIGN HOURS
8
0
113
305
AL
6 44
48 188
21 67
a.iii.
2 10 5
0
$ 4,375.00
$ 41,440.00
25
296
52
hi
1190
$ 196,450
TOTAL DESIGN COSTS
$ 2,000.00
$ -
$ 22,600.00
$ 36,600.00
$ 1,380.00 $ 8,800.00
$ 9,600.00 $ 31,020.00
$ 4,200.00 $ 11,055.00
$ 370.00 $ 1,750.00 $ 650.00
$ -
$ 4,375.00
$ 41,440.00
$ 4,420.00
$ 180,260 $ 650 $ 15,540
006
ConstuctionAdministration
0
0
11
37
2 4
6
35
4
20
16
101
136
0
2
32
1
$ 62,205
$ 1,600
$ -
407
$ 63,805
A
Notice to Proceed
1
1
$ 260
$ -
2
$ 260
B
Pre -Con Meeting
3
3
3
3
3
$ 2,535
$ 200
15
$ 2,735
C
Submittal Review
2
8
2
4
4
16
2
8
8
40
$ 14,380
$
94
$ 14,380
D
RFI
2
8
4
2
8
16
$ 5,830
$ -
40
$ 5,830
E
Change Order
2
4
1
2
1
2
4
4
$ 3,380
$ -
20
$ 3,380
F
Site Meeting
6
36
36
$ 11,700
$ 1,300
78
$ 13,000
G
Pay Estimates
2
24
24
$ 7,560
$ -
50
$ 7,560
I
O&M Manuals
2
2
2
6
$ 1,950
$ -
12
$ 1,950
J
Commissioning and Training
4
4
8
8
16
$ 6,280
$ 100
40
$ 6,380
K
Record Drawings
2
4
1
4
1
2
2
4
2
32
$ 7,970
$ -
54
$ 7,970
L
Project Close -Out
1
1
$ 360
$ -
2
$ 360
Construction Hours
0
0
11
37
2
4
6
35
4
20
16
101
136
0
2
32
1
407
Construction Costs
$ -
$ -
$ 2,200.00
$ 4,440.00
$ 460.00
$ 800.00
$ 1,200.00
$ 5,775.00
$ 800.00
$ 3,300.00
$ 2,960.00
$ 17,675.00
$ 17,680.00
$ -
$ 350.00
$ 4,480.00
$ 85.00
$ 62,205
$ 1,600
$ -
$ 63,805
1597
$ 260,255
TOTAL PROJECT HOURS
8
0
124
342
8
48
54
223
25
87
18
111
141
0
27
328
53
TOTAL PROJECT COSTS
$ 2,000.00
$ -
$ 24,800.00
$ 41,040.00
$ 1,840.00
$ 9,600.00
$ 10,800.00
$ 36,795.00
$ 5,000.00
$ 14,355.00
$ 3,330.00
$ 19,425.00
$ 18,330.00
$ -
$ 4,725.00
$ 45,920.00
$ 4,505.00
$ 242,465 $ 2,250 $ 15,540
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00
June 20, 2023
Mr. Miles W. Fabian, P.E., Senior Project Manager
Baxter & Woodman Consulting Engineers
11450 Compaq Center West Drive, Suite 660
Houston, Texas 77070
Re: Proposal for Geotechnical Engineering Services
City of Pearland Liberty Water Production Facility
Covered Chemical Storage Facility
3519 Liberty Drive
Pearland, Harris County, Texas
Dear Mr. Miles:
LRABA
KISTNER
3602 Westchase
Houston, TX 77042
P 713.996.8990
F 713.996.8993
TBPE Firm F-3257
WWW.RKCI.COM
In accordance with the electronic mail transmittal received by our office from you on Wednesday, June
14, 2023 and subsequent electronic mail communications thereafter, Raba Kistner, Inc. (RKI) is thankful
for having been selected by Baxter & Woodman Consulting Engineers (CLIENT) to provide Geotechnical
Engineering Services for the City of Pearland's (Owner) above -referenced project. The broad objectives of
our study will be to determine subsurface conditions at the subject site and to provide foundation design
and construction recommendations for the covered chemical storage facility. 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
The project consists of the design and construction of a single -story, rectangle -shaped covered chemical
storage facility to house the existing disinfection and water treatment chemicals located within the Liberty
Water Production Facility situated at 3519 Liberty Drive in Pearland, Texas. We understand there is an
existing Concrete Masonry Unit (CMU) "containment periphery wall" that is being considered to be
potentially incorporated into the design of a more permanent, covered structure. The footprint of the
storage facility will need to extend to incorporate an area to house chemical disinfection pumps,
instrumentation and controls.
The proposed structure is expected to create relatively light loads to be carried by the foundation system,
which is anticipated to consist of a shallow or deep foundation such as spread footings or drilled-and-
underreamed piers. Floor systems consisting of slabs -on -ground or slabs -on -fill are expected to be
preferred, provided soil -related, potential vertical movements will not cause structural performance
problems. Please note that foundation loads have not been provided at this time. Foundation
CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT • INFRASTRUCTURE
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00 2
June 20, 2023
recommendations will be based on the assumption that column and strip loads will not exceed 50 kips
and 5 kips per lineal foot, respectively.
The photos provided by your office via email on June 14, 2023 indicates that the area for the proposed
facility is located on the north side of the existing water production facility and appears to be easily
accessible to a standard truck -mounted drilling rig.
Field Study
We have been asked by CLIENT to conduct two (2), 20-ft deep each borings in order to assess subsurface
conditions for the proposed structure. RKI will perform the necessary One -Call notifications prior to
beginning the field drilling activities. The borings will be located in the field utilizing tape and right angle
measurements from existing benchmarks. Our scope of services does not include surveying of the boring
locations. However, RKI recommends that the final boring locations be surveyed in the field by the CLIENT
or their representative.
A conventional drill rig will be used to access the boring locations. The soil borings will be sampled
continuously to 10 feet, and thereafter, they will be sampled at 5-ft intervals. 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.
Water level readings will be recorded for the open boreholes during drilling and at drilling completion. If
free water is encountered during drilling, the RKI logger will temporarily suspend drilling operations and
obtain water level measurements in the open borehole at 5-minute intervals over a 15-minute time
interval. Water level measurements will also be recorded at completion of drilling prior to backfilling the
boreholes with the auger cuttings and spoils 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, 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 results of the field and laboratory phases of the study will be reviewed by our staff of engineers. The
results of our review and supporting field and laboratory data will be presented in a written engineering
report. Included therein will be recommendations concerning the design and construction of foundations
for the proposed structure. Estimates of potential expansive, soil -related movements of the near -surface
RABAKISTNER
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00 3
June 20, 2023
soils will also be provided. The Geotechnical Engineering Report will 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;
• 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, soil -related movements
to about 1 inch;
— allowable bearing capacities;
shallow foundations, if applicable, including sliding
resistance, overturning, and uplift parameters;
— drilled-and-underreamed piers bearing elevation, if
applicable;
— settlement estimations, where applicable; and
groundwater considerations.
• Foundation construction considerations, including:
site drainage;
— site preparation;
— criteria for select fill materials;
shallow or deep foundation excavations;
— potential reuse of on -site materials as select fill
materials;
excavation considerations; and
fill placement compaction.
• Groundwater information, if applicable;
• Evaluation of existing soils for potential use as select fill; and,
• Seismic region condition evaluations.
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 and subgrade 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.
One electronic (PDF) copy of the final report will be submitted.
RABAKISTNER
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00 4
June 20, 2023
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 seven (7) working days of receiving written authorization to proceed,
provided that the site is accessible to our standard 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 is anticipated to require one (1) day to complete. Laboratory testing phases of the study will
commence during the field work and are anticipated to be completed about seven (7) to ten (10) working
days following the field exploration phase. The engineering report will be submitted within an additional
ten (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 Fee
The total lump sum cost for the study outlined herein is $7,050. 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.
The CLIENT has provided RKI an illustration that shows the existing and proposed structure. It is our
understanding that access to the boring locations for a standard 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
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.
RABAKISTNER
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00 5
June 20, 2023
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
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.
RKI 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 of any purpose other than to evaluate this proposal.
Very truly yours,
RABA KISTNER, INC.
Martin Vila, P.E., F. ASCE
Senior Vice President
Jose Diaz, P.E.
Senior Engineering Consultant
MV/jd
Accepted By
(Signature)
Date:
(Typed or Printed Name)
(Title)
RABAKISTNER
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00
June 20, 2023
LRABA
KISTNER
STANDARD TERMS AND CONDITIONS
1. Definitions.
1.1 RK. Raba Kistner, Inc., and / or one of its
subsidiaries (Project Control of Texas, Inc. or PC
Sports, Inc.) that is being engaged to provide the
services to CLIENT in connection with the delivery of
the proposal to which these Standard Terms and
Conditions relate.
1.2 CLIENT. Person, entity or organization for which RK
is rendering services regarding the Project.
1.3 PROJECT. The activity, venture, plan, building, site
or investigation for which CLIENT has engaged RK to
provide professional services.
1.4 CONTRACTOR. Person, entity or organization
providing construction services, including labor and
material for the Project.
1.5 SERVICES. The professional services to be
performed by RK as set forth in the proposal or
Agreement to which the Standard Terms and
Conditions are attached.
1.6 AGREEMENT. RK's proposal accepted by
CLIENT and these Standard Terms and
Conditions which are incorporated into and made
a part of the Agreement.
2. SERVICES. RK is being engaged by the CLIENT to
render professional services ("Services") involving
only RK's advice, judgment and opinion. RK may
subcontract all or a portion of the Services
performed hereunder. RK shall apply professional
judgment in determining the extent to which RK
complies with any given standard identified in RK's
instruments of professional services. CLIENT
expressly acknowledges that RK makes no
warranties or guarantees, expressed or implied,
regarding the Services.
3. INFORMATION PROVIDED BY CLIENT. CLIENT
may provide or direct RK to utilize or rely upon
certain information ("CLIENT Information") in the
performance of RK's services. RK shall be entitled
to rely upon such CLIENT Information. RK will not
conduct an independent evaluation of the accuracy
or completeness of such CLIENT Information and
shall not be responsible for any errors or omissions
in such information. RK's report, as well as any
recommendations, findings, and conclusions made
by RK, are dependent on information received from
CLIENT. Changes or modifications to the
information provided by CLIENT can affect RK's
evaluation, recommendations, findings and
conclusions, and CLIENT agrees —as a material
term of this Agreement —to notify RK immediately,
in writing, if CLIENT becomes aware of any such
changes or modifications, including changes to the
Attachment I
size, scope, location, or other material characteristics of
CLIENT's project. The CLIENT shall be responsible for
providing the location of all underground utilities and other
structures in the vicinity of RK borings or excavations. RK will
not accept responsibility and will not be liable for affecting or
damaging any underground utility, underground storage tank, or
other subsurface condition not previously identified and located,
or improperly located, by the CLIENT, a utility, or a utility
locating agency.
4. SITE ACCESS AND SITE SAFETY. CLIENT shall provide
right -of -entry to the buildings and sites which are the subjects of
RK's services. CLIENT represents that it possesses authority
for such right -of -entry and that the building/site operator(s)
possess the necessary permits and licenses for current
activities at the site. RK shall be responsible for supervision and
site safety measures of its own employees and subconsultants,
but shall not be responsible for the supervision or health and
safety precautions of any other parties, including CLIENT,
CLIENT's contractors, subcontractors, or other parties present
at the site.
5. SUBSURFACE EXPLORATIONS. Subsurface conditions
throughout the site may vary from those depicted on logs of
discrete borings, test pits, or other exploratory services.
CLIENT understands RK's layout of boring and test locations is
approximate and that RK may deviate a reasonable distance
from those locations. RK will take reasonable precautions to
reduce damage to the site when performing services; however,
CLIENT accepts that invasive services such as drilling, or
sampling may damage or alter the site. Site restoration is not
provided 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 services, compensation,
schedule, allocation of risks or other material terms of this
Agreement, RK may require renegotiation of appropriate
portions of this Agreement. RK shall notify the CLIENT of the
changed conditions necessitating renegotiation, and RK and the
CLIENT shall promptly and in good faith attempt to renegotiate
the terms of the agreement affected by the changed conditions.
If changes cannot be agreed to with respect to the changed
conditions, the parties shall utilize the Dispute
Resolution/Litigation procedures in this Agreement.
7. TESTING AND OBSERVATIONS. CLIENT understands that
testing and observation are discrete sampling procedures, and
that such procedures indicate conditions only at the depths,
locations, and times the procedures were performed. RK will
provide test results and 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 — not eliminate — project risk. CLIENT
agrees to the level or amount of testing performed and the
associated risk. CLIENT is responsible (even if CLIENT
delegates such responsibility to Contractor) for notifying and
scheduling RK to perform these services. RK shall not be
responsible for the quality and completeness of contractor's
work or Contractor's adherence to the project plans,
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specifications and other related documents. RK's
performance of testing and observation services
shall not relieve Contractor in any way from
responsibility for defects discovered in Contractor's
work or create a warranty or guarantee on the part
of RK. CLIENT acknowledges that RK will not
supervise or direct the work performed by
Contractor or its subcontractors and is not
responsible for their means and methods.
8. ESTIMATE OF FEES FOR SERVICES. If included
as part of RK's proposal, RK will, to the best of its
ability, perform the scope of services within the
proposed fee estimate provided by RK. 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 project/contractor's schedules can
influence the successful completion of the scope of
services within the estimated proposed fees.
Because Contractor has sole control over the project
and determines the means and methods used to
build/construct the project, RK's service fees are
estimates and not lump sum or guaranteed
maximum fees. The CLIENT is fully responsible for
payment for all services provided, including retests
of areas or samples that failed to meet Project
specifications. The Estimate of Fees is valid for a
period of 60 days after RK's proposal is submitted to
CLIENT. If RK's proposal is not accepted by CLIENT
within 60 days after it is submitted to CLIENT, RK
may modify the Estimate of Fees.
9. REPORTS. RK may provide CLIENT with written
reports in connection with the Services performed.
Such reports will present such findings and
conclusions as RK may reasonably make with the
information gathered while performing its services
and provided by CLIENT. The reports may be
copied for inclusion in other documents related to
the project provided they are reproduced in their
entirety. Reports and other instruments of service
are prepared for, and made available for, the sole
use of the CLIENT, and the contents thereof may not
be used or relied upon by others without the express
written authorization of RK. Any unauthorized use
or distribution of RK's reports shall be at the
CLIENT's sole risk and without liability to RK.
10. TOXIC AND HAZARDOUS MATERIALS. CLIENT
shall provide RK with all information within CLIENT's
possession or knowledge related to the potential or
presence of toxic or hazardous materials or
pollutants at the Project site. CLIENT agrees that
RK neither created nor contributed to the creation or
existence of any toxic or hazardous materials or
pollutants. In no event shall RK be required to sign
a hazardous waste manifest or take ownership of
any toxic or hazardous materials or pollutants. If
unanticipated toxic or hazardous materials or
pollutants are encountered while RK is performing
its services, RK reserves the right to stop field
operations and notify CLIENT and CLIENT assumes
responsibility to notify appropriate regulatory
agencies. RK and CLIENT must mutually agree to
remobilize.
11. NO THIRD -PARTY BENEFICIARIES. The services
and any report(s) prepared under this Agreement
Attachment I
are for the sole benefit and sole use of CLIENT and are not for
the use 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 RK or CLIENT. If
CLIENT provides a copy of any report prepared by RK to others,
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.
12. LEED PROJECTS. Unless specifically addressed elsewhere in
this agreement, RK has no responsibility or liability, including
duty to defend or duty to indemnify, any party (including but not
limited to CLIENT, owner, owner's agents, architects,
engineers, contractors, construction managers, subcontractors)
for the LEED certification process including: developing,
producing, or retaining any documentation relating to the
calculation of LEED points; and attainment of LEED certification
points or LEED ratings.
13. STANDARD OF CARE. RK shall perform its professional
services in accordance with the standard of care and diligence
normally practiced by professional firms 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.
14. RISK ALLOCATION. RK will be responsible only for its own
work, and that of its sub -consultants, and not for defects in the
work designed or built by others.
15. 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) IS LIMITED TO THE GREATER
OF $100,000 OR THE FEE PAID RK 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(S) OR THE
THEORY OF LIABILITY.
16. CONSEQUENTIAL DAMAGES. Neither CLIENT nor RK will be
liable to the other for any special, consequential, indirect,
incidental or penal losses or damages of any kind, nor will
CLIENT or RK be liable to the other for losses, damages, or
claims, regardless of how defined, related to: lost profits;
unavailability of property or facilities; shutdowns or service
interruptions; loss of use, revenue, opportunity, or inventory;
use charges, carrying costs, cost of substitute facilities, goods,
or services; cost of capital, or claims of any other party and/or
its customers.
17. SUSPENSION OF SERVICES. If CLIENT fails to make
payments when due or otherwise is in breach of this Agreement,
RK may suspend performance of services upon seven (7)
calendar days' notice to CLIENT. RK shall have no liability
whatsoever to CLIENT for any costs or damages as a result of
such suspension. Upon payment in full by CLIENT, RK may
resume services under this Agreement, and the time schedule
and compensation shall be equitably adjusted to compensate
for the period of suspension plus any other reasonable time and
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expense necessary for RK to resume performance.
Payment of invoices shall not be subject to any
discounts or set -offs by CLIENT unless agreed to in
writing by RK. Payment to RK for services rendered
and expenses incurred will be due and payable
regardless of any subsequent suspension or
termination of this Agreement by either party.
CLIENT shall not make any changes to RK's
banking and deposit information or payment
instructions unless CLIENT communicates the
requested changes to RK orally and in writing and
obtains written confirmation from an RK officer that
the requested changes are legitimate and
authorized by RK. If CLIENT makes a payment to a
third party instead of to RK based on an
unauthorized request to CLIENT for a change to
RK's banking and deposit information or payment
instructions and without obtaining written
confirmation of the change from RK, CLIENT will
remain liable to RK for payment of the amount of the
unauthorized payment.
18. WAIVER OF SUBROGATION. To the extent
damages are 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
shall procure or cause to be procured builder's risk
insurance or other property insurance for its project.
RK and CLIENT waive all rights against each other
and any of their consultants, contractors,
subcontractors, sub -subcontractors, agents, and
employees, for damages caused by fire, flood, or
other causes of loss to the extent covered by
CLIENT's or CLIENT's Contractor's builder's risk
insurance, or other available insurance coverage.
The policies shall provide waivers of subrogation by
endorsement or otherwise. CLIENT shall require of
its contractors, consultants, agents and employees
similar waivers in favor of RK and its subconsultants.
A waiver of subrogation shall be effective as to a
person 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 the
person or entity had an insurable interest in the
property damaged.
19. OWNERSHIP OF DOCUMENTS. RK's reports,
drawings, plans, specifications, and other
documents and deliverables are instruments of
professional service ("Instruments of Service")
developed by RK in contemplation of a wide array of
project -specific variables, including how the
documents will be used and by whom. RK shall be
the author, owner and custodian of the Instruments
of Service, and shall retain all common law,
statutory, and other reserved rights, including
copyright. By execution of this Agreement, RK
grants to CLIENT a limited, nonexclusive license to
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
prompt payment of all sums when due, under this
agreement.
Upon completion of the services, and payment in full
of all monies due RK, CLIENT may retain copies of
all such documents. THE INSTRUMENTS OF
Attachment I
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 ADAPTATION BY RK FOR THE
SPECIFIC PURPOSE INTENDED, WILL BE AT CLIENT'S
SOLE RISK WITHOUT LIABILITY OR LEGAL EXPOSURE TO
RK. 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 CLIENT
WITHOUT THE WRITTEN AUTHORIZATION OF RK
REGARDLESS OF WHETHER SUCH CLAIMS, DEMANDS,
OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON
ALLEGED NEGLIGENCE OF RK, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR CONSULTANTS.
Parties other than CLIENT and RK may apply to use an
instrument, using a form prepared by RK for that purpose.
Others' use of an instrument shall be permitted only when
CLIENT and RK both so agree; either shall have the right to forbid
use by others. In addition, RK shall make its permission
contingent upon the satisfaction of certain conditions when, in
RK's professional judgment, such a contingency is necessary.
20. DISPUTE RESOLUTION/LITIGATION. All claims, disputes, and
other controversies 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. Any litigation related to the
Agreement or RK's performance of its professional services shall
be commenced in a court in Bexar County, Texas. CLIENT
consents to personal jurisdiction in the State of Texas and agrees
that venue of any litigation shall be in Bexar County, the county
where RK's principal place of business is located. CLIENT
waives any objection to personal jurisdiction in Texas or to venue
in Bexar County. The prevailing party in such litigation will be
entitled to recover all court costs, attorneys' fees, and other
legally recoverable claim -related expenses. As a condition
precedent to mediation and / or litigation related to any claim
arising out of the services provided under this Agreement,
CLIENT shall obtain a written affidavit from a registered,
independent, and reputable professional engineer describing any
error, omission or other act by RK that allegedly failed to comply
with the professional standard of care applicable to RK's
performance of services and provide such affidavit to RK. The
affidavit shall comply with the requirements of Texas Civil
Practice & Remedies Code Chapter 150.
21. TERMINATION OF CONTRACT. CLIENT and RK may
terminate RK's 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 its
services without waiving any claims against or incurring any
liability to CLIENT.
22. 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
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June 20, 2023
the project.
23. 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.
24. NO ASSIGNMENT. Neither RK nor CLIENT shall
assign or transfer its interest in this Agreement
without the express written consent of the other.
25. 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 provisions
the maximum permissible effect and application
intended.
26. 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.
Legal\A5954\397228\4819-8923-4614.v3-9/24/20
RABAKISTNER
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ADM100
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
Proposal No. PHA23-077-00 Attachment II
June 20, 2023
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.
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ADM101 02/08/2012
RABAKISTNER
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
WINDROSE
LAND SURVEYING PLATTING
May 18, 2023
AEI Engineering - A Baxter & Woodman Company
ATTN: Miles W. Fabian, P.E.
11450 Compaq Center Drive, Ste. 660
Houston, TX 77070
D: 281-569-0457
E: MFabian@baxterwoodman.com
Re: "Liberty Water Plant Rehab-Pearland" Approximately 1 acre, situated in the W.D.C. Hall Survey, Abstract No.
70, located at 3519 Liberty Dr., City of Pearland, City Limits, Brazoria County, Texas. (WJN 58547)
Surveying Services
Rervice
Price
Time Frame
Cat. 1 B, Cond. III Boundary & Improvement Survey
$ 1,875.00 + Tax
12-15 Business Days
Cat. 6, Cond. I Topographic, Utility, & Tree Survey
(Water Plant Site)
50' x 50' Grid, City of Pearland Benchmarks
All trees 6' in diameter and larger within survey limits.
(Outline heavily wooded areas)
$ 3,450.00
Cat. 6, Cond. I Topographic & Utility Survey (Off -Site)
50' x 50' Grid, City of Pearland Benchmarks
(Outline vegetation, landscaping, & heavily wooded areas)
$ 1,750.00
This Individual Project Order describes a specific agreement between AEI Engineering, a Baxter & Woodman
Company (the Consultant) and Windrose Surveying & Land Services, LLC (the Subconsultant) pursuant to the Master
Agreement for Continuing Professional Services dated August 22, 2019, the terms of which are incorporated by
reference.
Notes:
A.) Pricing above is based on the acceptance of all services listed. In the event that only partial services are
requested, existing pricing may become null and void and a new proposal will be issued.
B.) Surveyor is not responsible for abstracting subject property. Surveyor will review and show all existing
encumbrances as reflected in current title commitment provided by client and is subject to the limitations
and restrictions of that commitment. Should a title commitment not be provided by client, abstracting can
be obtained by Windrose Surveying and Land Services, LLC ("WSLS") at a pass -through cost to the client
(Average abstracting fee is $575.00).
C.) Timeframes as indicated above are based on the acceptance and execution of this proposal within 5
business days from the date of issuance. Proposals accepted after said 5-day period may be subject to
delay and will not receive priority over existing projects already in process.
D.) Review of any oil, gas & mineral leases or rights as located within a current title commitment are beyond
the scope of this contract and will not be reflected or noted on the final survey. If any oil, gas, or mineral
leases or rights are located within a current title commitment, and review is requested, it will be deemed an
additional service and will be billed on a Time and Materials Basis. (See attached rate sheet)
E.) All Horizontal Survey Control shall be referenced to the Texas State Plane Coordinate System, South Central
Zone, NAD83.
713.458.2281 11 1 1 1 1 RICHMOND AVE, S T E 150 , HOUSTON, TX 77082
DocuSign Envelope ID: E831E801-DEOB-4352-8394-B5AF4ADOF62D
F.) Topographic Survey will be performed on approximate 50' x 50' grid, where available, including all visible
grade breaks and changes in elevation. Topographic survey will show all improvements and elevations
within 15 feet of the property lines and will include all improvement, elevations, striping, & observable
utilities, located to the centerline of Liberty Dr. at 50' x-sections within the subject area.
G.) Vertical Topographic information will be based on the nearest existing City of Pearland published
Benchmark, and a minimum of 2 (two) temporary benchmarks will be established on -site at the time of
survey. Additional future TBM's will be set if necessary, at additional cost.
H.) Utility information shown on the survey is based on visible above ground improvements and evidence
found on -site at the time survey, coupled with markings from Digtess, and available record drawings from
the City of Pearland, Brazoria County, TxDOT, Applicable M.U.D., energy, and telephone companies at the
time of survey.
I.) Surveyor is liable to show only that information which is marked and available at the time of survey.
Surveyor is not responsible for other utility lines or plans that may exist or discovered during future
investigation or uncovered during ongoing construction phases.
J.) It is the contractor's responsibility to contact Digtess or other utility location service, for location of
underground utilities, prior to construction.
Thank you for allowing Windrose Land Services to offer our professional services. If this proposal is acceptable, we
will consider your signature below as authorization to proceed and a personal guarantee of payment for services
provided. Only written requests will be acted upon by this office and if outside the scope of work, terms will be
agreed upon prior to commencing. Please do not hesitate to call with any questions or comments.
Sincerely,
John Buhner
Survey Manager
Email: John.buhner@windroseservices.com
Firm Registration No. 10108800
Attachments:
Provisions of the Authorization for Professional Services
By: (Signature)
(Print Name & Title)
Name of Company
Authorization Date
File Location: W:\Proposals\AEI Engineering\Liberty Water Plant Rehab-Pearland\Proposal- Liberty Water Plant
Rehab-Pearla nd.doc
713.458.2281 11 1 1 1 1 RICHMOND AVE, S T E 150 , HOUSTON, TX 77082