R2006-167 10-09-06
RESOLUTION NO. R2006-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH FREESE AND NICHOLS
ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE
KIRBY WATER PLANT PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Freese
and Nichols Engineering, 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 with Freese and Nichols Engineering, for
engineering services associated with the Kirby Water Plant Project.
PASSED, APPROVED and ADOPTED this the 9th day of October, AD., 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-167 10/9/06
CONTRACT FOR PROFESSIONAL SERVICES G) I,:!
THIS CONTRACT is entered into on Oto}:., 91" , 2006 by and between the
City of Pearland ("CITY") and Freese & Nichols Engineering ("CONSULTANT"). Oli.\~ r 1
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Kirby Water Plant ("PROJECT"). c
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SECTION I - SERVICES OF THE CONSULTANT
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The CONSULT ANT 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 provide engineering services from design through
commissioning for the new facility. See Exhibit A, attached, for a detailed
SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be
submitted in digital and hard copy form in the Microsoft Project for Windows
format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSUL T ANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSUL T ANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non-owned vehicles, with minimum limits of
$1,000,000 for injury or death of anyone person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is lump sum with additional
services based on hourly rates. Total compensation for the services performed
shall not exceed $488,500.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to approval of the 50% design, payments to the CONSULTANT
shall not exceed 50 % of the preliminary and design phase.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed 95% of the preliminary and design
CONTRACT amount. The final approval and payment will be made
within a reasonable period of time regardless of the project construction
schedule.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the proj ect 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
CONSUL T ANT'S responsibility for errors or omissions of the CONSULTANT or
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its sub-consultant(s) or in any way affect the CONSULTANTS 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 2010 East Broadway, Pearland, Texas 77581.
Immediately after receiving such written notice, the CONSUL T ANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
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 employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The p"U-?!cuted :S CONTRACT this
CITY OF PEARLAND, TEXAS
Bill Eisen, City Manager 10/9/06
9th
day of
October
,2006
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CONSUL T ANT~
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EXHIBIT "A"
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services to the
City of Pearl and (OWNER) in connection with the development of the Project, described as:
Kirby Water Plant and Transmission Lines.
A. PRELIMINARY AND DESIGN PHASE
I. Attend preliminary meeting with the OWNER to establish requirements for the Project.
2. Design and prepare plans and details for a I million gallon (composite type) elevated storage tank.
3. Design and prepare plans and details for a water plant consisting of a 1,300 gpm water well, a
I,OOO,OOO-gallon welded steel ground storage tank, 3 booster pumps, a control building, a
chlorination building, a fiberglass ammonia building, all the necessary yard piping, site lighting,
site work including grading, paving, drainage, and detention pond, and all related electrical
mechanical and structural components.
4. Design and prepare plans and details for an auxiliary, diesel-driven generator set including transfer
switch, structural and electrical components.
5. Design and prepare plans and details for approximately 2,200 feet of a water transmission line
(size to be determined from Water Modeling Update being performed by another consultant for the
City) along Kirby Drive from the water plant site to a 16" waterline on FM 518.
6. Design and prepare plans and details for approximately 2,600 feet of 16" water transmission line
along FM 518 from Kirby Drive to approximately 400' east of Half Moon Bay Street including tie-
ins at both ends.
7. Design and prepare plans and details for an access drive from the water plant to Kirby Drive
R.O.W.
8. Prepare detailed specifications and contract documents for the construction authorized by the
OWNER.
9. Submit plans and specifications and water well documents to TCEQ for review and approval.
10. Prepare bid quantities and bid sheets.
II. Prepare detailed cost estimate of authorized construction. FNI shall not be required to guarantee
the accuracy of the estimate.
12. Divide Project into two (2) separate contracts for bid and construction purposes. Plan Set One will
consist of Water Plant and Transmission Lines. Plan Set Two will consist of Elevated Storage
Tank.
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13. Conduct periodical monthly meetings with the OWNER to report Project progress and resolve
design issues.
14. Prepare and submit 50% and 90%-complete plans for OWNER's review and comments.
15. Upon receipt of OWNER's 90%-complete review comments, finalize plans, specifications, and
Contract Documents and furnish to the OWNER five (5) sets of plans, specifications, and Contract
Documents.
B. ADDITIONAL SERVICES
1. Prepare a preliminary water well study to determine availability of water in the area and identify
water quality issues, if any, that might exist. See sub-consultant's proposal.
2. Conduct topographical and mapping for the water plant site and for the water transmission lines
along Kirby and FM 518 (Broadway) on the sides where line will be placed. Also, prepare metes
and bounds description for the 150' radius sanitary control easement around the water well.
OWNER will submit easement to adjacent land owners for approval and will file document at the
Brazoria County Courthouse.
3. Provide additional field and office meetings with the OWNER and the Contractor to report
construction progress and resolve any issues which might come up during construction.
4. Conduct three (3) 60-feet exploratory soil borings to evaluate the subsurface conditions and make
construction recommendations for the proposed Project. See sub-consultant's geotechnical
proposal.
5. Assist the OWNER in necessary coordination with an environmental consultant (under direct
contract with the OWNER) to investigate and prepare a report on identification of pollution
hazards present and potential for the well site.
6. Assist the OWNER in necessary coordinations with utility and pipeline companies to identify
existing facilities, receive approvals, and bring power and phone lines to the plant site.
7. Design and prepare plans and details for the stormwater pollution prevention plan tor the entire
Project.
8. Miscellaneous expenses such as mileage, printing of plans and specifications, deliveries, etc.
C. BID OR NEGOTIATION PHASE
Upon completion of the design services and approval of "Final" drawings and specifications by
OWNER, FNI will proceed with the performance of services in this phase as follows:
1. Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER to use in
notifying construction news publications and publishing appropriate legal notice. The cost for
publications shall be paid by OWNER.
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2. Distribute one copy of plans and bid documents to selected plan rooms.
3. Assist the OWNER in maintaining information on entities that have been issued a set of bid
documents. Distribute infonnation on plan holders to interested contractors and vendors on
request.
4. Assist the OWNER by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders if necessary.
5. Assist the OWNER in conducting a pre-bid conference (if required) for the construction projects
and coordinate responses with OWNER. Response to the pre-bid conference will be in the form
of addenda issued after the conference. Attend the tour of the project site after the pre-bid
conference (if required).
6. Assist the OWNER in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder to determine if, based on the
information available, they appear to be qualified to construct the project. Recommend award of
contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all
prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional
servIce.
7. Assist the OWNER in the preparation of Construction Contract Documents for construction
contract. Provide five (5) sets of Construction Contract Documents which include information
from selected contractor's bid documents, legal documents, and addenda bound in the documents
for execution by the OWNER and construction contractor. Distribute two (2) copies of these
documents to the contractor with a notice of award that includes directions for the execution of
these documents by the construction contractor. Provide the OWNER two (2) copies of these
documents for use during construction. One (1) copy of these documents will be used by FNI
during construction. Additional sets of documents can be provided as an additional service.
8. Furnish contractor copies of the drawings and specifications for construction pursuant to the
General Conditions of the Construction Contract.
D. CONSTRUCTION PHASE
Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of
construction phase services as described below. FNI will endeavor to protect OWNER in providing
these services. However, it is understood that FNI does not guarantee the Contractor's performance,
nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be
responsible for the means, methods, techniques, sequences or procedures of construction selected by
the Contractor, or any safety precautions and programs relating in any way to the condition of the
premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or
omissions of any person (except its own employees or agents) at the Project site or otherwise
performing any of the work of the Project.
These services are based on the use of FNI standard General Conditions for construction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures is an additional service. If general conditions other than FNI standards are used, the
OWNER agrees to include provisions in the construction contract documents that will require the
construction contractor to include FNI and their sub consultants on this project to be listed as an
additional insured on contractor's insurance policies.
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1. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review
construction schedules prepared by the Contractor(s) pursuant to the requirements of the
construction contract, and prepare a form for the purpose of monthly pay estimates of the Project
from information provided by the Construction Contractor.
2. Establish communication procedures with the OWNER and contractor.
3. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor's submittals and provide for
filing and retrieval of project documentation. Review contractor's submittals, including, requests
for information, modification requests, shop drawings, schedules, and other submittals in
accordance with the requirements ofthe construction contract documents for the projects. Monitor
the progress of the contractor in sending and processing submittals to see that documentation is
being processed in accordance with schedules.
4. Based on FNI's observations as an experienced and qualified design professional and review of the
Payment Requests and supporting documentation submitted by Contractor, determine the amount
that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General
Conditions of the Construction Contract.
5. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project
Representative) to observe the progress and the quality of work and to attempt to determine in
general ifthe work is proceeding in accordance with the Construction Contract Documents. In this
effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of
Contractors and will report any observed deficiencies to OWNER. FNI, however, cannot
guarantee the performance of the Contractor, nor be responsible for the actual supervision of
construction operations or for the safety measures that the contractor takes or should take.
6. Notify the contractor of non-conforming work observed on site visits. Review quality related
documents provided by the Contractor such as test reports, equipment installation reports or other
documentation required by the Construction contract documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The
cost of such quality control shall be paid by OWNER and is not included in the services to be
performed by FNI.
8. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses,
and studies requested by the Contractor(s) and approved by OWNER, for substitutions of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
9. Establish procedures for administering constructive changes to the construction contracts. Process
contract modifications and negotiate with the contractor on behalf ofthe OWNER to determine the
cost and time impacts of these changes. Prepare change order documentation for approved
changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is
not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of
equipment or materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and approved by
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the OWNER are an additional service. Substitutions of materials or equipment or design
modifications requested by the OWNER are an additional service.
10. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the OWNER on the merit and value of the claim on the basis of infonnation
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these
services to review or evaluate construction contractor(s) claim(s), supported by causes not within
the control of FNI are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER furnished
equipment or materials.
12. Conduct, in company with OWNER's representative, a substantial-complete and final review ofthe
Project for conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor
before recommendation of final payment. Assist the OWNER in obtaining legal releases, permits,
warranties, spare parts, and keys from the contractor. Review and comment on the certificate of
completion and the recommendation for final payment to the Contractor(s). Visiting the site to
review completed work in excess of two trips are an additional service.
13. Revise the construction drawings in accordance with the information furnished by construction
contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints of
"Record Drawings", one (1) set of plans tracings, one (1) CD containing the project plans in
AUTOCAD format shall be provided by FNI to OWNER. If additional surveying or inspection is
necessary in order to produce accurate and complete As-Built drawings, then such services by the
FNI will be at the Per Diem Rate attached.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER,
which are not included in the above described basic services, are described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. GIS mapping services or assistance with these services.
C. Additional property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
D. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verifY the accuracy of drawings or other information furnished by OWNER.
E. Providing renderings, model and mock-ups requested by the OWNER.
F. Making revisions to drawings, specifications or other documents when such reVISiOns are 1)
consistent with approvals or instructions previously given by OWNER or 2) due to other causes not
solely within the control ofFNI.
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G. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
H. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by OWNER.
1. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
J. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
K. Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase. The Resident Project Representative will act as
directed by FNI in order to provide more extensive representation at the Project site during the
Construction Phase. Through more extensive on-site observations of the work in progress and field
checks of materials and equipment by the Resident Project Representative and assistants, FNI shall
endeavor to provide further protection for OWNER against defects and deficiencies in the work.
Furnishing the services of a Resident Project Representative is subject to the provisions of Article
Ie.
If OWNER provides personnel to support the activities of the Resident Project Representative
who is FNI or FNl's agent or employee, the duties, Responsibilities and limitations of
authority of such personnel will be set forth in an Attachment attached to and made a part of
this AGREEMENT before the services of such personnel are begun. It is understood and agreed
that such personnel will work under the direction of and be responsible to the Resident
Project Representative. OWNER agrees that whenever FNI informs him in writing that any such
personnel provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such
personnel shall be replaced.
L. Assisting OWNER in claims disputes with Contractor(s).
M. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
N. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI
on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT.
O. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
P. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
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Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
R. Services required to resolve bid protests or to rebid the projects for any reason.
S. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
T. Providing services after the completion ofthe construction phase not specifically listed in Article 1.
U. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence and
plotting or reproduction costs directly attributable to an accelerated time schedule directed by the
OWNER.
V. Providing services made necessary because of unforseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
W. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of FNI.
X. Providing value engineering studies or reviews of cost savings proposed by construction contractors
after bids have been submitted.
Y. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor's warranty period.
BB. Provide additional geotechnical services beyond the Scope of Services defined in Article IBA and
geotechnical proposal.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services called for in Article IA & B (Design Phase and
Additional Services, as applicable) so as to deliver completed Plans, Specifications, and Estimate of Cost for
all authorized construction of the Project, within (180) calendar days after receipt of plant and transmission
lines sites' surveys and topographical mappings. Review periods by City, acquiring approval and permit
have not been accounted for. FNI will proceed with the performance of the services called for in Article IC
and ill (bid and construction phases) of this agreement until completion of the Project.
IF FNl's services are delayed or suspended in whole or in part by OWNER, or if FNl's services are extended
by the Contractor's actions or in actions for more than 90 days through no fault of FNI, FNI may be entitled
to equitable adjustment of rates and amounts of compensation.
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ARTICLE IV
RESPONSffiILITIES OF OWNER: OWNER shall perfonn the following in a timely manner so as not to
delay the services of FNI:
A. Designate a person to act as OWNER's representative with respect to the services to be rendered
under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive
infonnation, interpret and define OWNER's policies and decisions with respect to FNl's services for
the Project.
B. Provide all criteria and full infonnation as to OWNER's requirements for the Project, including
design objectives and constraints, space, capacity and perfonnance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which OWNER will require to be included in the drawings and specifications.
C. Assist FNl by placing at FNl's disposal all available infonnation pertinent to the Project including
previous reports and any other data relative to design or construction ofthe Project.
D. Arrange for access to and make all provisions for FNl to enter upon public and private property as
required for FNl to perfonn services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of FNI.
F. Furnish approvals and penn its from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited
to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also
make or arrange to have made the interpretations of data and reports resulting from such
investigations. All costs associated with such investigations sha1l be paid by OWNER.
H. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as OWNER may require or FNl may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction contract, and such inspection
services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnishing and perfonning the work.
J. OWNER shall detennine, prior to receipt of construction bid, if FNI is to furnish Resident Project
Representative service so the Bidders can be infonned.
K. If OWNER designates a person to serve in the capacity of Resident Project Representative who is
not FNI or FNl's agent or employee, the duties, responsibilities and limitations of authority of such
Resident Project Representative(s) wi1l be set forth in an Attachment attached to and made a part of
this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also
set forth appropriate modifications of the Construction Phase services as defined in Attachment SC,
Article ID, together with such adjustment of compensation as appropriate.
TOff0604IIPRLJ\.Scope of Svcs.doc
SC-8
FNI ~ft
OWNER
1. Attend, coordinate and conduct the pre-bid conference, bid opening, preconstruction conferences,
construction progress and other job related meetings and substantial completion inspections and final
payment inspections.
M. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance of
the work of any Contractor.
N. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of
this AGREEMENT or other services as required.
O. Bear all costs incident to compliance with the requirements of this Article IV.
P. Provide the necessary topographical, cross-sections, and property/right-of-way information for the
purpose of design.
Q. Provide pressure data on the 16" waterline along FM 518 for the purpose of design.
R. Upon completion of ground water test hole and receipt of laboratory testing of formation samples
from the contractor, OWNER will determine if test hole meets the requirements of the State of Texas
for a potable water usage prior to construction of permanent well and other water plant facility.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative - (Skipper Jones, 3519 Liberty Drive, Pearland, Texas 77581, (281) 652-
1650)
FNI's Project Manager - (Mehran (Ron) Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581, (281)
485-2404 )
FNI's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281) 485-2404)
T:OFF0604IIPRUI.Scope ofSvcs.doc
SC-9
FNI ~ft'
OWNER
A TT ACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES
For and in consideration of the services to be rendered by FNI, OWNER shall pay the fees
hereinafter set forth.
A. COMPENSATION:
I. Preliminary and Design Phases: Compensation to FNI for the Preliminary and Design
Phase services as defined in Article IA of Attachment SC shall be a Lump Sum of
$302,200. IfFNI sees the Scope of Services changing so that additional services are
needed, FNI will notify OWNER for OWNER's approval before proceeding.
2. Bid and Construction Phases: Compensation to FNI for the Bid and Construction phase
services as defined in Article IC & D of Attachment SC shall be a Lump Sum of
$105,800. IfFNI sees the Scope of Services changing so that additional services are
needed, FNI will notify OWNER for OWNER's approval before proceeding.
3. Additional Services: For Additional Services as defined in Article IB of Attachment SC,
a total budget of $80,500 is proposed.
Therefore, total fee is $488,500 Detail concerning the fees is included in this Attachment CO.
B COMPENSATION TERMS:
I. "Sub-Consultant Expense" is defined as the expense that is incurred by FNI in
employment of others in outside firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that are not included in the Basic
Services.
2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by
FNI for supplies, transportation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection with that assignment.
C. BASIC SERVICES:
I. Upon authorization from the OWNER, FNI shall proceed with the services outlined in
Article IA & B of Attachment Sc. For the purposes of preparing monthly statements for
the preliminary and design phase of the Project, FNI shall submit to the OWNER
payment requests in proportion to that part of the service which has been accomplished
as evidenced by monthly statements. Final payment for Preliminary and Design phase
shall be due upon the completion of service, whether the work be constructed or not.
2. Upon authorization from the OWNER, FNI shall proceed with services outlined in
Article I C & D of Attachment SC. Monthly payment requests shall be submitted to the
OWNER for that portion of service which has been accomplished as evidenced by
monthly statements. Final payment for construction phase services shall be due upon the
completion of service.
T:OFF06041 \PRLJ\ Compensation
CO-I
FNI~
OWNER
ATTACHMENT CO
D. ADDITIONAL SERVICES:
1. Additional Services as described in Article IE of Attachment SC for this Project shall be
invoiced either based on our attached Schedule of Hourly Rates or subconsultant fee plus
10%, as applicable. The Additional Services for this Project are as follows:
a. Water Well Preliminary Study (Invoice + 10%) $ 6,600
b. Topographical Survey and Mapping (Invoice + 10%) $ 33,440
c. Additional Office & Field Meetings during construction
(not to exceed) $ 20,000
d. Geotechnical Soil Boring (Invoice + 10%) $ 8,250
e. Coordination with Environmental Consultant (not to exceed) $ 1,000
f. Coordinations with Utility and Pipeline Companies, and other
Agencies (not to exceed) $ 2,000
g. Stormwater Pollution Prevention Plans (not to exceed) $ 4,000
h. Miscellaneous reimbursables budget (Cost + 10%) $ 5,210
Total, Additional Services $ 80,500
If other Additional Services as described in Attachment SC, Article II, are required FNI shall be
compensated as follows:
a. Where the services of individuals are supplied by FNI, as authorized by OWNER,
payment for these services will be based on salary costs times a multiplier of 3.00,
except for resident project representative services which will be a flat $70/hour rate
plus mileage.
b. Services for direct non-labor expense and sub-contract expense provided by FNI
shall be reimbursed at actual cost times a multiplier of 10%.
T:OFF06041IPRLJI Compensation
CO-2
FNI~
OWNER
Freese
N i c h 0 ls, In c.
Engineers
Environmental Scientists
Architects
2010 East Broadway Pearland, TX 77581-5502
281/485-2404
281/485-4322 fax www.freese.com
SCHEDULE OF CHARGES
POSITION
HOURLY
RATE
PRINCIPAL OF FIRM
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CAD DESIGNER
CAD TECH
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
$200
$175
$155
$120
$ 90
$ 65
$ 60
$ 70
$ 75
$ 65
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plottilll?:
Bond
Color
Vellum
Mylar
$ 2.50 per plot
$ 5.75 per plot
$ 5.00 per plot
$10.00 per plot
Printinl!:
Bluelines/Blacklines
Offset and Xerox Copies
Black & White
Black & White
Color
Color
Binding
$0.13 per square foot
$0.10 per single sided copy
$0.20 per double sided copy
$0.50 per single sided copy
$1.00 per double sided copy
$5.75 per book
Computer and CAD
PC & CAD Stations $ 10.00 per hour
Mileal!:e
$.45 per mile
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work
required to be done by independent persons other than staff members.
T: \PRLN\2006HourlyCharges. doc
LBG-GUYTON ASSOCIATES
PROFESSIONAL GROUND-WATER AND
ENVIRONMENTAL ENGINEERING SERVICES
W. JOHN SEIFERT, JR.
CHARLES W. KREITLER
JOHN B. ASHWORTH
JAMES BEACH
BRUCE K. DARLING
JOHN W. NELSON
WILLIAM G. STEIN
CHARLIE TANG
1 I I 11 KATY FREEWY
SUITE 400
HOUSTON, TX 77079
713-468-8600
FAX No.: 713-468-4956
R.G. SLAYBACK
JOHN NASO, JR.
WILLIAM K. BECKMAN
DAN C. BUZEA
J. KEVIN POWERS
FRANK J. GETCHELL
JEFFREY B. LENNOX
DA VlD A. WILEY
ROBERT F. GOOD, JR.
TIMOTHY L. KENYON
THOMAS P. CUSACK
DAVID B. TERRY
BRAD L. CROSS
TYLER A. DAVIDSON
CHRISTOPHER DRABEK
ERlC K. M'ALPINE
MATTHEW J. M'NEIL
September 8, 2006
Mr. Ron Bavarian, P .E.
Office Manager
Freese & Nichols, Inc.
2010 Broadway
Pearland, Texas 77581
Re: Pearland - Far Northwest Water Plant,
Consulting Services for Water Well Study
Dear Ron:
In response to your request, LBG-Guyton Associates (LBG-G) is pleased to submit this
proposal for providing consulting services to assist Freese & Nichols, Inc. (Engineer) with a water
well study for the planned City of Pearl and Far Northwest Water Plant (water plant). The Engineer
provided the attached map and the water plant is located generally southwest of the intersection of
Farm to Market (F.M.) 528 (Broadway) and Kirby Drive in northwest Brazoria County.
LBG-G understands that the desired well pumping rate is a minimum of I ,500 gallons per
minute (gpm), if feasible. It is estimated that a production well might be completed in sands in the
Evangeline aquifer and/or possibly the lower Chicot aquifer, if the ground-water quality is
acceptable.
As discussed previously, the planned water plant location is approximately 5 to 6 miles east-
southeast ofthe Blue Ridge Salt Dome and LBG-G has concerns regarding the ground-water quality
in the aquifer sands down-gradient of the dome including the area in the general vicinity ofthe water
plant. The top of the salt dome cap rock is less than 50 feet below land surface and the regional
ground-water flow in the past was generally to the south and east toward the gulf coast and the water
plant location. Now the regional ground-water flow probably is to the north and northwest toward
areas of concentrated ground-water pumpage in the Houston metropolitan area. Data from previous
LBG-G studies and water wells completed in Fort Bend County and Brazoria County indicate that
ground water with higher chloride and total dissolved solids can be present in some aquifer sands
within a few miles of the dome. Information in the proposed study report will provide data regarding
the hydrogeology of the water plant area, prospects for completion of a production welles) and
preliminary estimates for the pilot hole and water well or wells.
Mr. Ron Bavarian, P.E.
2
September 8, 2006
Based on discussions with you, LBG-G proposes the following study tasks:
1. Collect and review well, water-level, ground-water quality and testing data and electric and
geophysical logs for any existing large capacity wells located in the general vicinity of the
tract. Also collect and review electric logs for any oil or gas wells or test holes within or near
the vicinity of the tract that are logged through the potential depth intervals considered for
screenmg.
2. Prepare six copies of a water well siting report with text and a map(s) that provide
information and data regarding the data review, the feasibility of drilling and constructing
one or more production wells to meet the water demand and preliminary pilot hole and water
well drilling, logging, sampling and construction recommendations, pump and motor
estimates and well costs, if one or more production wells appear feasible.
LBG-G proposes to perform the water well study for a lump sum of$6,000.00. Invoicing for
services would occur on a monthly basis following months in which work occurs. If this proposal
is acceptable, please have the appropriate person with Freese & Nichols sign both originals, retain
one original for your files and return a signed original to us, and it will become our agreement.
If the Engineer needs additional consulting services for pilot hole or well specifications,
design, construction or field services, then LBG-G can prepare a separate proposal that lists work
items and estimated costs for those services.
We look forward to working with you and others with Freese & Nichols on the project.
If you have questions concerning our proposal, please do not hesitate to contact us.
Sincerely yours,
LBG-GUYTON ASSOCIATES
()/;y f(j, J!IIJn
II ,'w - V'\
JOhn W. Nelson, P.G.
Associate and Hydrogeologist
Enclosure
ACCEPTED: Freese & Nichols, Inc.
BY:
POSITION:
DATE:
Sent via E-Mail andU.S.Mail
\Projects\BrazoriaCo\Pearland\Far NW Water Plant\Well Study\Proposel.doc
LBG-GUYTON ASSOCIATES
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H
c. L. DAVIS & COMPANY
LAND SURVEYING
1500 Winding Way
Friendswood, Texas 77546
281.482.9490
FAX 281.482.1294
c1davis@c1daviscompany.com
September 8, 2006
Mr. Mehran Bavarian, P.E.
Freese & Nichols
2010 Broadway
Pearland, Texas 77581
Re: Kirby Drive Water Plant Site (4.8705 acre tract)
Proposal Number: 2006-123
Dear Mr. Bavarian:
Our proposal for land surveying services for the above referenced project is as follows:
1. Verification of Perimeter Property Corner on 4.8705 acre tract out of H. T. & B.R.R. Company
Survey, Abstract Number 300, Section 81 ........................................................................................... $3,200.00
2. Topographic Survey on said 4.8705 acre tract (heavily wooded) (fee includedfor hydro-ax to
clear lines) .... ............ ............. ......... ......... ........... ......................... ........................... ........ ....................... $6,800.00
3. Estabish right-of-way of Kirby Drivefrom County Road 92 to said 4.8705 acre tract ...................... $2,800.00
4. Topographic Survey on Kirby Drive extensionfrom County Road 92 to 4.8705 acre tract
(approximately 1,400') ......................................................................................................................... $4,000.00
5. Topographic Survey on County Road 92from Kirby Drive to Halfmoon Bay (approximately
3,200') .. ............... ......... ............. .......... ...... ........... ...... .......... ..... ............. ............................... .............. $11,200.00
6. Preparation of 150' easement centerd on Water Well (estimate 3 easements) .................................. $2,400.00
Total Amo unt of Proposal .. ................ ............ ........... .......... ................................................ ..................... $30,400. 00
The following items will be invoiced at cost:
Reproductions
Submittal fee(s) to governmental agencies
Delivery service
Electronic Mail
Abstracting
Proposal 2006-123
September 8, 2006
Page 2
Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly
basis as described below:
.
Principal
Registered Professional Land Surveyor (RPLS)
Technical/CAD
Three-man field crew
Data Collector
Clerical
$150.00
$100.00
$90.00
$110.00
$30.00
$55.00
All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar,
Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services
should be sent to the above address to the attention of Complaints Officer ofthe Board.
Thank you for the opportunity to submit this proposal and we look forward to working with you.
Sincerely,
Approved & Accepted
Date
C. L. Davis, R.P.L.S.
Mr. Mehran Bavarian, P .E.
Freese & Nichols
Tol un ay. Wong ~ En gineer, ,I nc.
July 26, 2006
TWEI Proposal No: P05-G076.Rev.l
City of Pearland
c/o Freese and Nichols
2010 East Broadway
Pearland, Texas 77581-5502
Attn: Mr. Ron Bavarian, P .E.
REVISED PROPOSAL FOR GEOTECHNICAL SERVICES
ONE MILLION GALLON ELEVATED TANK
SH 288
PEARLAND, TEXAS
Dear Mr. Bavarian:
Tolunay-Wong Engineers, Inc., is pleased to submit this revised proposal to provide geotechnical
services for the proposed Sate Highway 288 One Million Gallon Elevated Tank in Pearland, Texas. The
project site is located on the west side of Kirby Drive (future extension) between Broadway and Two
Airline-Fort Bend Road. You provided project details verbally and via electronic mail today.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report documenting our findings and geotechnical
design recommendations.
Field Exploration. We will drill three 60-ft deep exploratory soil borings to evaluate the
subsurface conditions. A total of 180 ft drilling is included. The borings will be drilled with a truck-
mounted rig around the proposed tank perimeter in accordance with ASTM D 1586 and ASTM D 1587.
We will secure representative portions of the recovered soil samples and transport them to our laboratory
for testing. We will backfill the open boreholes with the cuttings after obtaining water level readings,
about 24 hours after completion.
Laboratorv Testin2. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in situ moisture content, fines content and plasticity
characteristics of the soils. All laboratory tests will be performed in accordance with appropriate ASTM
standards. We will keep the samples for 30 days after the final report is presented. We will discard the
samples after that time, unless instructed otherwise.
En2ineerin2 Report. We will prepare an engineering report that will present our findings and
provide you with geotechnical design and construction recommendations for the proposed tank including:
. Soil stratigraphy
10710 S. Sam Houston Pkwy w., Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-03191
Mr. Ron Bavarian, P.E.
TWEI Proposal No.: P05-G076.Rev.l
July 26, 2006
Page 2
. Compressive and uplift load capacities of foundation units
. Settlement estimates
. Lateral load resistance of foundation units
. Foundation monitoring program
Bud2et
Our lump sum cost for the above described services is $7,500. The cost for the geotechnical
study assumes that ingress and egress to the site are provided by others.
Schedule
We can mobilize our drill crew on site within three to four days after authorization is given. We
can complete the field work in two days, and issue our engineering report within about fifteen working
days after completion of the field program. We can furnish you with verbal preliminary information upon
completion of the field work.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to our office. The terms and
conditions of this proposal are included in Exhibit A.
Closin2 Remarks
We appreciate the opportunity to submit this proposal and look forward to serving you on this
project.
Sincerely,
TOLUNAY-WONG ENGINEERS, INC.
~ d ff.dfJJ1
John D. Brown, P.E.
Accepted by:
Name:
Date:
Attachments: Exhibit A
JDB:jdb
EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNA V-WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the
attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'
interpretations or use of the information developed.
Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT
has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions ofthe construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECh'1'~ICAL E~~Gll~EER has no right to reject or stop work of any agent of the CLIE1".JT. Such rights are reserved solely for
the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
quality of the performance of the work of any party retained by the CLIENT to provide construction related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, ifno lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid.
Page 1 of2
Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional
charge of 1- 1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT.
TERMINA nON
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination.
INDEMNIFICA nON
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the
GEOTECHNICAL ENGINEER's performance of the services described in this AGREEMENT. This indemnity shall not limit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under anyone or more theories
of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action
LIMITATION OF LIABILITY
The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like
limitation ofIiability provision, the liability ofthe CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed $50,000 or the amount of the
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any
claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations of liability and indemnities will survive termination ofthe AGREEMENT for any cause.
Page 2 of2
PRELIMINARY CONSTRUCTION COST ESTIMATE
FAR NORTHWEST WATER PLANT & 1M GALLON ELEVATED STORAGE
CITY OF PEARLAND
ITEM I UNIT I UNIT AMOUNT II
NO. ITEM DESCRIPTION COST QUANTITY
1 Mobilization & Bonds at 4% LS $236,000.00 1.00 $236,000.00
2 Clearing & Grubbing (Plant Site) AC $5,500.00 3.50 $19,250.00
3 Clearing & Grubbing (Water Trasmission) AC $2,000.00 3.00 $6,000.00
4 1 Million Gal. Composite EST wi Std. Foundation & Paint LS $1,480,000.00 1.00 $1,480,000.00
5 1,300 gpm Water Well wi Assoc. works & tests LS $1,100,000.00 1.00 $1,100,000.00
6 1 Million Gal. Welded Stl. GST wi Foundation & Paint LS $1,100,000.00 1.00 $1,100,000.00
7 Booster Pumps, Control Bldg., AC Unit, Crane,
Chlorination & Ammonia Bldgs. & Equipments, Painting,
& Related items LS $500,000.00 1.00 $500,000.00
8 Plant Yard Piping LS $200,000.00 1.00 $200,000.00
9 Electrical Works incl. MCC, Conduits, Wiring, lighting,
On-Site SCADA, Programming, & Related Items LS $600,000.00 1.00 $600,000.00
10 Generator Set & Foundation LS $200,000.00 1.00 $200,000.00
11 Plant Site Work Incl. Cone. Paving, Drainage, Fence, LS $225,000.00 1.00 $225,000.00
12 Asphalt Access Drive to Kirby Dr. Only LS $20,000.00 1.00 $20,000.00
13 Security System (Budget) LS $40,000.00 1.00 $40,000.00
14 20" PVC Trans. Line - Open Cut along Kirby Dr. LF $70.00 2,100.00 $147,000.00
15 20" PVC Water Line in Cased Bore under FM 518 LF $300.00 100.00 $30,000.00
16 20" x 20" Tee (MJ) EA $2,500.00 2.00 $5,000.00
17 20" x 16" Reducer (MJ) EA $2,000.00 2.00 $4,000.00
18 20" BF. V. wi Box (MJ) EA $8,000.00 3.00 $24,000.00
19 20" Plug & Clamp (MJ) EA $700.00 1.00 $700.00
20 20" x 6" Tee (MJ) EA $1,200.00 1.00 $1,200.00
21 16" PVC Water Line - Open Cut along FM 518 LF $65.00 2,500.00 $162,500.00
22 16" PVC Water Line in unCased Bore LF $170.00 100.00 $17,000.00
23 16" G. V. wi Box (MJ) EA $6,500.00 4.00 $26,000.00
24 16" x 6" Tee (MJ) EA $1,000.00 7.00 $7,000.00
25 6" G. V. wi Box (MJ) EA $750.00 7.00 $5,250.00
26 Fire Hydrant EA $2,200.00 7.00 $15,400.00
27 Tie-in to Exist. Lines EA $1,000.00 3.00 $3,000.00
28 Trench Safety LF $1.25 4,600.00 $5,750.00
29 SW3P LS $26,000.00 1.00 $26,000.00
30 Misc. DIP Fittings TN $3,500.00 10.00 $35,000.00
31 Site Restoration LS $20,000.00 1.00 $20000.00
SUBTOTAL
$6,261,050.00
CONTINGENCIES @ 15%
$939.157.50
TOTAL ESTIMATED CONSTRUCTION COST
$7,200,207.50