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R2007-054 2007-04-09 RESOILUTION NO. R2007 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANlGE ORDER NO.5 ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION FACILITY AND SWEC OUTFALL MODIFICATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Change Order No. 5 associated with the West Mary's Creek Detention Facility and SWEC Outfall Modifications, 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 Change Order NO.5 associated with the West Mary's Creek Detention Facility and SWEC Outfall Modifications. PASSED, APPROVED and ADOPTED this the gthday of April, A.D., 2007. ~unJf20 TOM REID MAYOR ATTEST: \c~o ~(l.~ SONIA BLAIR DEPUTY CITY SECRETARY APPROVED AS TO FORM: ()~ r1L- DARRI1\J M. COKER CITY ATTORNEY R2007 -54 File No. 07-0024 City of Pearl and Projects Department CH.ANGE ORDER For West Mary's Creek Detention Facility PEARLAND, TEXAS Date of Issuance: April 9. 2007 Contractor: M. Hanna Construction Change Order No: CoP Project No: 5 071012 Engineer: Dannenbaum Engineering Corp. Explanation: This change order encompasses the following: 1. Contract Price Reconciliation 2. Interim Quantity Adjustment 3. OH&P and Re-stocking Fee due to SWEC Deletion 4. Wet Well Modification to includ,e the addition of a 24" RCP Influent Line 5. Modifications to outfall at weir Please attach back-up documentation Contract Amount: Original Contract Price: Previous Change Order(s): Contract price prior to this change order: Net increase (decrease) from this change order: $8.777.176.32 $ 536.441.31 $9.313.617.63 $ 236.392.78 Contract price with all change orders to date (including this change order): $ 9.550.010.40 Contract Time: Authorized contract time change: -30 days :CZ:~ ./ Engineer - ~ Date: '1/;2-/0 7 ACCEPTED: By:/~$'L ( - ;:h. D~te: OO?~7 APPROVED: r Orl I If} f'nQJLt~JLj Finance Dept. APPROVED: By: t&JJf-- Owncr By: Date: )J . II ill Date: 4 ~(1 ~ Of -- ~ Change Order #1 and #2 Calculation Correction BID ITEM DESCRIPTION 1 MOBILIZATION 2 PROJECT IDENTIFICATION SIGN 3 TRAFFIC CONTROL PLAN 4 CLEARING & GRUBBING 5 REMOVE & DISPOSE OF EXISTING PIPES (ALL 6 WEST DETENTION POND EXCAVATION 7 EAST DETENTION POND EXCAVATION 8 CHANNEL EXCAVATION 9 EXCAVATION PLACE & COMPACT BRINE SOIL 10 WEST DETENTION POND EMBANKMENT, COM 11 EAST DETENTION POND EMBANKMENT, COM 12 STRIP TOPSOIL, STOCKPILE SPREAD & GRAD 13 HAUL & DISPOSE OF SURPLUS EXCAVATED M 14 LOAD EXCAVATED MATERIALS INTO 3RD PAR 15 HAUL & DISPOSE OF SURPLUS EXCAVATED M 16 BACK SLOPE SWALE 17 MODIFIED TYPE "B" BERM INLET 18 24" ACMP OUTFALL 19 18" RCP STORM SEWER 20 24" RCP STORM SEWER 21 36" RCP STORM SEWER 22 54" RCP STORM SEWER 23 60" RCP STORM SEWER 24 66" RCP STORM SEWER 25 72" RCP STORM SEWER 26 5' x 5' RCB STORM SEWER 27 7' x 3' RCB STORM SEWER 28 8' x 8' RCB STORM SEWER 29 5' x 2' CAST -IN -PLACE BOX STORM SEWER 30 TYPE "C" MANHOLE FOR 48" & LARGER STOR 31 JUNCTION BOX @ DIVERSION WEIR 32 JUNCTION BOX @ PUMP STATION 33 TYPE 'E" INLET 34 18' RCP - 6 1 SET 35 54' RCP - 6 1 SET 36 60' RCP - 6.1 SET 37 66' RCP - 6:1 SET 38 72' RCP - 6:1 SET 39 5'x5'RCB-6:1 SET 40 7'x3'RCB -6:1 SET 41 7' x 3' HEADWALL 42 8'x8'SET 6:1 43A WEST MARYS WEIR STRUCTURE COMPLETE 44 48' DUCK BILL CHECK VALVE FLANGED MOUN 45 4 1/2" CONCRETE CELLULAR MATTRESS 46 18" RIP RAP GRADATION NO. 1 47 4" CRUSHED CONCRETE 48 CONCRETE BLOCK REMOVAL 49 5' CONCRETE SLOPE PAVING 50 PUMP STATION - STRUCTURAL 51 PUMP STATION - PUMPS 52 PUMP STATION - PIPING 53 PUMP STATION - ELECTRICAL 54 36' DIP FORCE MAIN 1 F QUANTITY UNIT 1 LS 1 EA 1 LS 90 AC 40 LF 900000 CY 246000 CY 29000 CY 266000 CY 370 CY 7100 CY 160000 SY 175000 CY 100000 CY 900000 CY 12400 LF 15 EA 800 LF 55 LF 300 LF 20 LF 135 LF 180 LF 1640 LF 730 LF 450 LF 55 LF 220 LF 20 LF 8 EA 1 EA 1 EA 1 EA 2 EA 1 EA 2 EA 1 EA 4 EA 2 EA 1 EA 1 EA 1 EA 1 LS 1 EA 4325 SY 269 SY 210 SY 90 SY 280 SY 1 LS 3 EA 1 LS 1 LS 95 LF Original UNIT PRICE $311,373.50 $550.00 $32,703.00 $2,672.70 $16.50 $0.90 $0.90 $0.90 $1.70 $1.60 $1.60 $0.90 $3.40 $1.10 $3.40 $3.70 $1,580.30 $47.90 $46.20 $63.40 $98.10 $162.40 $179.70 $203.40 $245.10 $244.70 $320.10 $494.90 $794.20 $3,936.50 $66,000.00 $36,300.00 $1,991.70 $710.30 $3,451.10 $4,061.10 $4,729.70 $5,745.10 $5,674.20 $10,622.20 $5,060.00 $13,952.10 $121,000.00 $49,500.00 $38.20 $33.10 $10.90 $4.80 $42.10 $262,471.00 $48,950.00 $154,000.00 $112,200.00 $220.00 TOTAL $311,373.50 $550.00 $32,703.00 $240,543.00 $660.00 $810,000.00 $221,400.00 $26,100.00 $452,200 00 $592.00 $11,360.00 $144,000.00 $595,000.00 $110,000.00 $3,060,000.00 $45,880.00 $23,704.50 $38,320.00 $2,541.00 $19,020.00 $1,962.00 $21,924.00 $32,346.00 $333,576.00 $178,923.00 $110,115.00 $17,605.50 $108,878.00 $15,884.00 $31,492.00 $66,000.00 $36,300.00 $1,991.70 $1,420.60 $3,451.10 $8,122.20 $4,729.70 $22,980.40 $11,348.40 $10,622.20 $5,060.00 $13,952.10 $121,000.00 $49,500.00 $165,215.00 $8,903.90 $2,289 00 $432.00 $11,788.00 $262,471.00 $146,850.00 $154,000.00 $112,200 00 $20,900.00 CO #1 BID PRICE $321,002.00 $550.00 $32,703.00 $2,698.38 $17.52 $1.03 $0.93 $0.92 $1.86 $1.76 $1.67 $1.00 $3.47 $1.10 BID TOTAL $321,002.00 $550.00 $32,703.00 $242,854.20 $700.80 $927,000.00 $228,780.00 $26,680.00 $494,760.00 $651 20 $11,857.00 $160,000.00 $607,250 00 $110,000.00 $3.49 $3,141,000.00 $4.37 $1,660.64 $49.90 $51.73 $71.06 $111.35 $183.23 $205.33 $232.87 $278.50 $307.17 $402.67 $614.77 $847.47 $4,016.12 $68,124.55 $38,870.68 $2,071.32 $750.11 $3,689.96 $4,339.77 $5,048.18 $6,143.20 $5,992.68 $11,020.30 $5,060.00 $14,429.82 $128,289 02 $49,500.00 $40.18 $34.59 $11.77 $5.30 $42.10 $265,851.45 $54,438.15 $166,835.92 $125,349.75 $229.09 $54,188.00 $24,909.60 $39,920.00 $2,845.15 $21,318.00 $2,227.00 $24,736.05 $36,959.40 $381,906.80 $203,305.00 $138,226.50 $22,146.85 $135,249.40 $16,949.40 $32,128.96 $68,124.55 $38,870.68 $2,071.32 $1,500.22 $3,689.96 $8,679.54 $5,048.18 $24,572.80 $11,985.36 $11,020.30 $5,060.00 $14,429.82 $128,289.02 $49,500.00 $173,778.50 $9,304.71 $2,471.70 $477.00 $11, 788.00 $265,851.45 $163,314.45 $166,835.92 $125,349.75 $21,763.55 ITEM TOTAL FOR CO #1 $9,628.50 $2,311.12 $40.82 $118,393 24 $7,432 24 $599.83 $42,429.42 $59.02 $511.36 $15,284.16 $12,712.11 $81,502.73 $8,296.38 $1,205 15 $1,603.25 $304.07 $2,297.95 $265.02 $2,812.65 $4,613.12 $48,327.88 $24,380.30 $28,113.70 $4,541.10 $26,371.84 $1,065.37 $636.96 $2,124.55 $2,570.68 $79.62 $79.62 $238.86 $557.34 $318.48 $1,592.40 $636.96 $398.10 $477.72 $7,289 02 $8,555.69 $401.60 $182.79 $44.79 $3,380.45 $16,464.46 $12,835.92 $13,149.75 $863.69 BID PRICE CO #2 BID TOTAL BID PRICE CO #3 BID TOTAL BID PRICE CO #4 BID TOTAL BID PRICE CO #5 BID TOTAL Change Order #1 and #2 Calculation Correction 55 8" CONCRETE PAVEMENT, INCLUDING LIME 0 56 20' GRAVEL ACCESS ROAD 57 6' CHAIN LINK FENCE 58 16' DOUBLE SWING GATE 59 BARBED WIRE FENCE 60 TRENCH SAFETY SYSTEM 61 POND BOTTOM GRADING 62 HYDROMULCH SEEDING 63 FILTER FABRIC FENCE 64 DEMOLITION OF EXISTING SWEC WEIR 65A SWEC WEIR STRUCTURE COMPLETE (FIBERG 66 ROCK FILTER DAM 67 STABILIZED CONSTRUCTION ENTRANCE 68 SAND PIKERUSH 69 CREEPING PIKERUSH 70 HALBRED-LEAF ROSEMALLOW 71 SPYDER-LILY 72 CARDINAL FLOWER 73 MARSH SEEDBOX 74 MAIDEN -CANE 75 FOUR -SQUARE SPIKERUSH 76 YELLOW FLAG IRIS/SOUTHERN BLUE 77 SOFT RUSH 78 PICKERELWEED 79 ARROWHEAD 80 THREE -SQUARE (OLNEY'S) BULRUSH 81 THALIA 82 GIANT BULRUSH 83 AMERICAN BULRUSH 84 SOFTSTEM BULRUSH 85 FANWORT 86 COONTAIL 87 DUCKWEED 88 AMERICAN WATERLOTUS 89 SPATTERDOCK 90 WATERLILY 91 COMMON BUTTONBUSH 92 WATER HICKORY 93 WINTERBERRY 94 LAURAL OAK 95 OVERCUP OAK 96 SWAMP CHESNUT OAK 97 WATER OAK 98 NUTFALL OAK 99 WILLOW OAK 100 BALD CYPRESS 101 AMERICAN BEAUTYBERRY 102 ROUGHLEAF DOGWOOD 103 WAX MYRTLE 105 ROSEMALLOW 106 BLUE FLAG IRIS 107 ZONE A SEEDING 108 ZONE B SEEDING 109 SEED MIX 2861 110 SEED MIX 1807 ADJUSTMENT FOR CO#1 111 FURNISH AND INSTALL PLASTIC BARRICADE 112 MAINTAIN AND REMOVE PLASTIC BARRICADE 525 1700 280 1 2800 3900 22.42 65 16111 1 1 160 1 415 415 500 500 400 800 1000 415 1000 1350 4300 4300 1000 1000 1000 1000 5055 28 28 28 336 336 336 168 31 75 30 57 14 14 38 12 151 108 108 108 96 3130 11.15 4.73 0.39 0.39 3357 1 SY SY LF EA LF LF AC AC LF LS LS LF EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA AC AC AC AC LF LS $47.50 $13.20 $14.10 $704.00 $2.80 $1.70 $794.50 $880.00 $1.50 $27,500.00 $143,000.00 $14.50 $1,730.10 $3.80 $3.80 $10.60 $3.00 $10.60 $3.00 $2.10 $2.10 $2.10 $2.10 $2.10 $2.10 $2.30 $2.30 $2.30 $2.10 $2.30 $5.10 $5.10 $5.10 $4.90 $3.80 $3.30 $38.20 $162.80 $38.20 $162.80 $162.80 $162.80 $162.80 $162.80 $162.80 $148.60 $38.20 $38.20 $32.60 $38.20 $2.10 $2,668.40 $2,668.40 $1 ,698.40 $1,132 20 $24,937.50 $22,440.00 $3,948.00 $704.00 $7,840.00 $6,630.00 $17,812.69 $57,200 00 $24,166.50 $27,500.00 $143,000.00 $2,320.00 $1,730.10 $1 ,577.00 $1 ,577.00 $5,300.00 $1 ,500.00 $4,240 00 $2,400.00 $2,100.00 $871.50 $2,100.00 $2,835.00 $9,030.00 $9,030.00 $2,300.00 $2,300.00 $2,300.00 $2,100.00 $11,626.50 $142.80 $142.80 $142.80 $1,646.40 $1 ,276.80 $1,108.80 $6,417.60 $5,046.80 $2,865.00 $4,884.00 $9,279 60 $2,279 20 $2,279 20 $6,186.40 $1 ,953.60 $22,438.60 $4,125.60 $4,125.60 $3,520.80 $3,667.20 $6,573.00 $29,752.66 $12,621.53 $662.38 $441.56 $52.53 $13.64 $14.10 $704.00 $2.80 $1.70 $963.62 $880.00 $1.52 $27,500.00 $143,000.00 $14.50 $1 ,789.80 $4.01 $4.01 $11.17 $3.16 $11.17 $3.16 $2.21 $2.21 $2.21 $2.21 $2.21 $2.21 $2.42 $2.42 $2.42 $2.21 $2.42 $5.38 $5.38 $5.38 $5.17 $4.01 $3.48 $40.27 $171.63 $40.27 $171.63 $171.63 $171.63 $171.63 $171.63 $171.63 $156.66 $40.27 $40.27 $34.37 $40.27 $2.21 $2,813.12 $2,813.12 $1,851.92 $1,132.20 $27,578.25 $23,188.00 $3,948.00 $704.00 $7,840.00 $6,630.00 $21,604.36 $57,200.00 $24,488.72 $27,500.00 $143,000.00 $2,320.00 $1,789.80 $1,664.15 $1,664.15 $5,585.00 $1 ,580.00 $4,468.00 $2,528.00 $2,210.00 $917.15 $2,210.00 $2,983.50 $9,503.00 $9,503.00 $2,420.00 $2,420.00 $2,420.00 $2,210.00 $12,233.10 $150.64 $150.64 $150.64 $1,737.12 $1 ,347.36 $1,169.28 $6,765.36 $5,320.53 $3,020.25 $5,148.90 $9,782.91 $2,402.82 $2,402.82 $6,521.94 $2,059.56 $23,655.66 $4,349.16 $4,349.16 $3,711.96 $3,865.92 $6,917.30 $31 ,366 29 $13,306.06 $722.25 $441.56 $2,638.96 $739.85 $3,791.68 $386.14 $59.70 $85.53 $85.53 $287.44 $81.35 $229.95 $130.16 $113.89 $47 26 $113.89 $153.75 $489.73 $489.73 $124.74 $124.74 $124.74 $113.89 $630.55 $7.74 $7.74 $7.74 $89.29 $69.25 $60.13 $348.05 $273 71 $155.38 $264.88 $503.27 $123.61 $123.61 $335.51 $105.95 $1,216 93 $223.75 $223.75 $190.95 $198.89 $356.48 $1,613.60 $684.51 $59.87 $0.02 $1.44 $534.03 $4,834.08 $534.03 Change Order #1 and #2 Calculation Correction 113 114 115 116 117 DELETE PAINT INSIDE WET WELL STOP LOG REVISION INTERIM QUANTITY ADJUSTMENT ADDIITIONAL 24" INFLUENT LINE RESTOCKING CHARGES SWEC DELETION REWORK OF BASE UNDER STOP CELL MATRE 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS ($6,200.00) ($6,200.0( $1,012.00 $1,012 00 $170,122.94 $25,000.00 $30,000.00 $13,000.00 $170,122 94 $25,000.00 $30,000.00 $13,000.00 TOTAL $8,777,176.32 $9,311,707.35 CO #1 $536,269.59 Correct CO #2 $5,368.11 Correct CO #3 ($6,200.0(1 Correct CO #4 $1,012.00 Correct CO #5 $238,122 94 Current Contract Price Correct Contract Price $8,777,176.32 $8,777,176.32 Correct CO #1 $534,531.04 $9,313,445.91 $9,311,707.35 Difference ($1,738.55) CO #2 $5,359.72 Difference $8.39 $9,318,805.63 $9,317,075.46 CO #3 ($6,200.00) Difference $0.00 $9,312,605.63 $9,310,875.46 CO #4 $1,012.00 Difference $0.00 $9,313,617.63 $9,311,887.46 CO #5 $238,122.94 Difference $0.00 $9,551,740.57 $9,550,010.40 ($1,730.16) co #5 $236,392.78 Dannenbaum $25,000.00 $211,392.78 Interim Quantity Adjustment Item Bid Description Bid Qty Unit Price Actual Qty Underrun Overrun/ Bid Qty to Contract Amount Owed from Amount to/due Hanna Underrun Contract Overrun/ Price to 4 CLEARING & GRUBBING 90.00 $2,698.38 64.00 (26.00) $242,854.20 $172,696.32 ($70,157.88) ($350.40) $17 52 20.00 (20 00) $700.80 $350.40 5 REMOVE & DISPOSE OF EXISTING PIPES (ALL TYPES) 40.00 6 WEST DETENTION POND EXCAVATION 900000.00 $1.03 1003900.00 103900 00 $927,000.00 $1,034,017 00 $107,017.00 7 EAST DETENTION POND EXCAVATION 246000 00 $0.93 238698.00 (7302.00) $228,780.00 $221,989.14 ($6,790.86) 8 CHANNEL EXCAVATION 29000.00 $0.92 10357.00 (18643.00) $26,680.00 $9,528.44 ($17,151.56) 9 EXCAVATION, PLACE & COMPACT BRINE SOIL 266000 00 $1.86 278736.00 12736 00 $494,760.00 $518,448.96 $23,688.96 10 WEST DETENTION POND EMBANKMENT, COMPACTION & GRADING 370 00 $1.76 389.00 19.00 $651.20 $684.64 $33.44 11 EAST DETENTION POND EMBANKMENT, COMPACTION & GRADING 7100.00 $1.67 6533.00 (567.00) $11,857 00 $10 910.11 ($946.89) $3.47 249055.00 74055.00 $607,250.00 $864,220.85 $256,970.85 13 HAUL & DISPOSE OF SURPLUS EXCAVATED MATERIALS LOADED BY BDD#4 175000.00 $1.10 0.00 (100000.00) $110 000.00 $0.00 ($1 10.000.00) 14 LOAD EXCAVATED MATERIALS INTO 3RD PARTY TRUCK 100000.00 $3.49 1003900 00 103900.00 $3,141,000.00 $3,503,611.00 $362,611.00 15 HAUL & DISPOSE OF SURPLUS EXCAVATED MATERIALS 900000 00 16 BACK SLOPE SWALE 12400.00 $4 37 12200.00 (200.00) $54,188.00 $53,314.00 ($874.00) 18 24" ACMP OUTFALL 800 00 $49.90 0.00 (800 00) $39,920.00 $0.00 ($39,920.00) $51.73 50.00 (5.00) $2,845.15 $2,586.50 ($258.65) 19 18" RCP STORM SEWER 55.00 $71.06 800.00 500.00 $21,318.00 $56,848.00 $35,530.00 20 24" RCP STORM SEWER 300.00 $111.35 22.00 2.00 $2,227.00 $2,449.70 $222.70 21 36" RCP STORM SEWER 20.00 $402.67 39.00 (16 00) $22,146.85 $15,704.13 ($6,442.72) 27 7' x 3' RCB STORM SEWER 55.00 $614.77 0.00 (220.00) $135,249.40 $0.00 ($135,249.40) ($16,949.40) ($8,032.24) ($5,060.00) 28 8' x 8' RCB STORM SEWER 220.00 $847.47 0.00 (20 00) $16,949.40 $0.00 29 5' x 2' CAST -IN -PLACE BOX STORM SEWER 20.00 $4,016.12 6.00 (2.00) $32,128.96 $24,096.72 "C" 30 TYPE MANHOLE FOR 48" & LARGER STORM SEWER 8.00 $5,060.00 0.00 (1.00) $5,060.00 $0.00 41 7' x 3' HEADWALL 1.00 42 8' x 8' SET 6:1 1.00 $14,429.82 0.00 (1.00) $14,429.82 $0.00 ($14,429.82) 45 4 1/2" CONCRETE CELLULAR MATTRESS 4325.00 $40.18 4388.00 63.00 $173,778.50 $176,309.84 $2,531.34 $5.30 0.00 (90.00) $477.00 $0.00 ($11,282.80) ($477.00) 48 CONCRETE BLOCK REMOVAL 90.00 $42.10 12 00 (268.00) $11,788.00 $505.20 49 5" CONCRETE SLOPE PAVING 280.00 $229.09_ 130.00 35.00 $21,763.55 $29,781.70 $8,018.15 _ 54 36" DIP FORCE MAIN 95.00 55 8"CONCRETE PAVEMENT, INCLUDING LIME OR CEMENT STABILIZED SUBGRADI 525.00 $52.53 491.00 (34.00) $27,578.25 $25,792.23 ($1,786.02 ) 56 20' GRAVEL ACCESS ROAD 1700.00 $13.64 2882.00 1182 00 $23,188.00 $39,310.48 $16,122 48 $1.70 3369.00 (531.00) $6,630 00 $5,727.30 ($902.70) 60 TRENCH SAFETY SYSTEM 3900 00 $880.00 46.52 (18.48) $57,200.00 $40,937.60 ($16,262.40) ($6,478 24) 62 HYDROMULCH SEEDING 65.00 $1.52 11849.00 (4262 00) $24,488.72 $18,010.48 63 FILTER FABRIC FENCE 16111.00 $27,500.00 0.00 (1.00) $27,500 00 $0.00 ($27,500 00) 64 DEMOLITION OF EXISTING SWEC WEIR 1.00 $143,000.00 0.00 (1 00) $143,000.00 $0.00 ($143,000 00) 65A SWEC WEIR STRUCTURE COMPLETE (FIBERGLASS STOP PLANKS) 1 00 66 ROCK FILTER DAM 160.00 $14.50 0.00 (160.00) $2,320.00 $0.00 ($2,320.00) $170,122.94 _ URE inne pA I' _ A' p TEX AS January 31, 2007 �s r• t$9 � Lee Souder M. Hanna Construction Company, Inc. P.O. Box 296 Sulphur Springs, TX 75482 Re: Final Payment Settlement Offer for Excavation Quantities West Mary's Creek Detention Pond, Project#D71012 Mr. Souder, Based on the calculations performed by Dannenbaum Engineering using M. Hanna Constructions' survey information and discussions held during our meeting on January 23, 2007, the City of Pearland has determined that the final quantities for excavation of the West and East Detention Ponds at West Mary's creek and haul-off of spoil materials from the site will be paid as follows. Item Description Proposed Quantity (cy) 6 West Detention Pond Excavation 1,003,900 7 East Detention Pond Excavation 238,698 13 Haul &Dispose of Surplus Excavated Materials Loaded By BDD#4 249,055 15 Haul &Dispose of Surplus Excavated Materials 1,003,900 If M. Hanna Construction is in agreement with the City of Pearland on the proposed final excavation and haul off quantities, please adjust the necessary items in the next pay application accordingly. If you have any questions please feel free to give me a call at 281-652-1642. Sincerely, Cara Nesby Project Manager Cc: Trent Epperson, City of Pearland Shri Reddy, Washington Group International, Inc. 3519 LIBERTY DRIVE •PEARLAND,TEXAS 77581-5416 • 281-652-1600 •www.ci.pearland.tx.us *Pnnted on Recycled Paper Pond Bid Qty Qty Used Actual Qty Overrun/Underrun Unit Amount Quantity Quantity Total Owed (cy) to Date (cy) to Bid Qty (cy) Price Owed to/due over on Overpaid to to/due from (cy) ($) from Hanna Estimate Date($) Hanna($) ($) to Date (cy) Excavation West 900000.00 900000.00 1003900.00 103900.00 $1.03 $107,017.00 0.00 $0.00 $107,017.00 East 246000.00 253882.00 238698.00 (7302.00) $0.93 ($6,790.86) 7882.00 $7,330.26 ($14,121.12) Haul-off East 175000.00 264239.00 238698.00 63698.00 $3.47 $221,032.06 89239.00 $309,659.33 ($88,627.27) West 900000.00 900000.00 1003900.00 103900.00 $3.49 $362,611.00 0.00 $0.00 $362,611.00 Total $366,879.61 *at ' k k or- 1 r February 7,2005 K.V. Cluff M.Hanna Construction Co.,Inc. P.O. Box 296 Sulphur Springs,TX 75483 Dear Mr. Cluff: In order to minimize any problems connected with material deliveries,please assure that procurement proceeds concurrently with the wetlands permitting process, with particular emphasis on potential long-lead items such as the motor control center,pumps and weir stop logs,based on your knowledge of needs and delivery times. Also.evaluate shorter delivery items that may be needed earlier in construction and provide recommendations, considering the logistics of storage, alternate storage locations,double handling, etc.,of these items that may provide a net advantage to the project. The City of Pearland will provide payment for materials on-hand, in accordance with the terms of the contiact,regardless of whether a Notice to Proceed (NTP)has been issued, and time charges will not begin prior to the NTP. Pleace respond via the Construction Manager. within fourteen(14) days, as to planned actions and recommendations. Sincerely, 6-31 Peggy Jo Betzer City of Pearland Washington Group International REQUEST FOR PROPOSAL Integrated Erg:neer^g.Construcuo-,and Management SoluLens DATE: 03/13/06 RFP NUMBER: 03 PROJECT: W.Mary's Creek Detention Facility 8 SWEC Outfall Modifications PROJECT No: D71012 ACC'T No: 071-0000-03 P.O. No: 050963 CONTRACTOR: M. Hanna Construction, Inc. ATTENTION: Mr. Scott Yocham Please examine the following listed documents and/or description and submit in writing any changes to the contract price and schedule. Delete all SWEC area work from the scope of the contract. The quantities for the following bid items are revised as shown: BID UNITS T CONTRACT REVISED ITEM No DESCRIPTION QTY QTY 28 8'x 8' RCB Storm Sewer LF 220 0 - 42 8'x 8' S.E.T. LS 1 0 64 Demolition of Existing SWEC Weir LS 1 0 65A SWEC Weir Construction LS 1 0 This is an inquiry and not an authorization for the contractor to proceed with any change in the existing contract scope. By: ` ---. ��- - , ., 1-Contractor Tony Pacifico . 1- C.O.P. Constructio nager 1- Inspector 1-File 10550 Richmond Ave.,Suite 300,Houston,TX 77042 • www.wgint.com • Phone:(281)529-3100 • Fax:(281)529-3134 Washington Group International Letter L138 Integrated Engineering, Construction, and Management Solutions April 21, 2006 Mr. Cecil Boone Project Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Reference: W. Mary's Creek Detention Facility & SWEC Outfall Modifications City of Pearland Project No. D71012 Subject: Quotation for Deletion of SWEC Area Work (dated April 13, 2006) Dear Cecil Following are my recommendations regarding the M.Hanna Construction quotation for deletion of the SWEC area work. The quotation, dated April 13, 2006 (attached) includes a request for compensation in the amount of $73,956.00, consisting of the elements listed below. Re-stocking fees of $25,928.70 for the deleted 8' x 8' box culvert and 8' x 8' sloped end treatment. Overhead and profit recovery of $48,026.88, computed as 15% of the value of the deleted items. The actual overhead and profit allocated to this work in the contract price is not known. The value of the deleted work, which is comprised of bid items 28, 42, 64. and 64A, is correctly stated in the quotation as $320,179,22, and the net credit offered is $246,224.00. Following are my recommendations: Re-stocking Fee — These products have not been delivered, and it is my understanding that they were never cast because they were also to have been deleted by the proposed SWEC re- design which was never incorporated into the contract, and the contractor was alerted to the deletion when the revised drawings were issued for quotation on August 1. 2005 under RFP #1. Also, there was no re-stocking charge requested in the resulting quotation dated December 5, 2005. Based on the above, there is further justification needed for these charges. (Documentation for this cost has been requested, via an email to Mr. Scott Yocham on April 13, 2006.) Overhead and profit recovery - There are several factors that should offset the proposed cost, as indicated below. Discussions should begin with disclosure of the actual OH&P allocated to these bid items in M.Hanna's contract price, rather than using the somewhat arbitrary fee percentage, and then the following credits applied: 10550 Richmond Avenue•Suite 300•Houston,TX USA 77042•Phone:(281)529-3100•Fax:(281)529-3138 Letter L138 Page 2 of 2 Site Overheads — Since, according to the specifications, the SWEC work cannot begin until the ponds, pump station, and outfall structure are substantially complete, there could be no other construction taking place during this phase, with the possible exception of punch-list work, and there is therefore a savings to the contractor consisting of the site overheads (supervision, etc.) which would have been incurred during the approximately (12) weeks (February 20 - May 16, 2006) scheduled for this work. Offsetting Contract Increase - In the negotiations for the delay costs which led to Change Order#1, M.Hanna Construction took the position that the increased costs should be treated as extra work and the corresponding markup stipulated in the contract applied. The contractor was compensated for OH&P in the amount of $37,080.00, based on a negotiated percentage applied to direct costs of $494,406.00. These extra costs included in Change Order#1 should be applied to offset any lost OH&P connected with deleted work scope, in keeping with the intent of paragraph 7.06.3.2 of section 00800, the Supplementary Conditions of the Contract. Liquidated Damages — The remaining work in the contract, which would have preceded the SWEC work, will be completed approximately one month late, based on current forecasts. Therefore, the contractor would be subject to liquidated damages during the entire SWEC construction period. This savings also should be considered in the evaluation of this cost proposal. It is my belief that once the above factors have been considered, the requested amount will be fully offset, and in the absence of any further information, the proposed cost should be declined. Please contact me at (281) 529-3114 to discuss any questions or concerns. Best Regards, Tony Pacifico, P.E. Construction Manager ATTACHMENTS: M.Hanna Construction letter dated April 13, 2006 cc: Scott Yocham, M.Hanna Shri Reddy, P.E., WGI File 3.2.1 Tus4( RECEIVED APR 1 3 ZOOb f""' v,•{ iNT6"*'t WASHINGTON GROUP IIV'I"L '�0 Mf1�11 M. HANNA CONSTRUCTION COMPANY, INC. 2610 Spring Cypress Rd.*Spring,Texas 77388-4629*Tel 281-907-0900•Fax 281-907-0901 April 13, 2006 Tony Pacifico • Washington Group International 10550 Richmond Ave., Suite 300 Houston, TX 77062 RE: West Mary's Detention Facility and SWEC Outfall Modifications RFP No. 3 - Deletion of SWEC Weir Work Dear Tony. We are pleased to offer you the following credit to the contract for the deletion of the work defined in RFP No. 3. The scope of RFP No. 3 is for complete deletion of all Bid Items and work associated with the demolition and construction/modifications of the SWEC Weir, Bid Items 28, 42, 64 and 65A; the sum of these hid items is $320,179.22. We are pleased to quote you a credit of$246,224 for deletion of this work. The $73,956 withheld from the credit is compensation for items such as supplier re-stocking fees, and unabsorbed overhead and profit. I have attached a breakdown of the pricing listed above for your review. Should you have any questions, please do not hesitate to contact me. Regards, Sc tt Yocham Project Manager Attachments: (1 cc: File (''Documents and Senmgs`Scott 5'ocham.f)csktop4'tty of Pearland-West Marys Creek'('hange t)rdcrs:SWF('Weir Muds`RFP M. HANNA CONSTRUCTION COMPANY, INC. CITY OF PEARLAND WEST MARY'S CREEK Project No.: D71012 RFP NUMBER 3 Acct.No.: 071-0000-03 DATE 41612006 P.O.No.: 050963 • BID ORIGINAL REVISED OVERRUN! ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY I ITEM COST QUANTITY I ITEM COST UNDERRUN 28 8'X 8'RCB STORM SEWER LF $ 614.77 220 $ 135,249.40 0 $ - $ (135,249.40) 42 8'X 8' SET EA $ 14,429.82 1 $ 14,429.82 0 $ - _ $ (14,429.84 64 DEMOLITION OF EXISTING SWEC WEIR LS $ 27,500.00 1 _ $ 27,500.00 0 $ (27,500.00) 65A SWEC WEIR CONSTRUCTION LS $ 143,000.00 1 $ 143,000.00 0 $ (143,000.00) 113 8'X 8'RCB RE-STOCKING FEE LF $ 107.33 0 220 $ 23,611 50 $• 23,611.50 8'X 8'RCB SET RE-STOCKING FEE EA $ 2,317.20 0 1 $ 2.317.20 $ 2,317.20 114 OH&P FOR DELETED ITEMS LS 15% $ 48,026.88 $ 48,026.88 TOTALS $ 320,179.22 [[4��::� �' ' -' "° �i $ 73,956 I $ (246,224) CONROE PIPE, INC. An American Owned Company Wednesday, April 19, 2006 M. Hanna Construction Company, Inc. P.O. Box 296 Sulphur Springs, TX 75483 Attention: Scott Yocham Reference: West Mary's Creek detention facility — Pearland, Texas Dear Mr. Scott Yocham: This letter is to address the deletion of the 8' wide x 8' high Pre-cast Box Culvert for above referenced project. The following is the original price Conroe Pipe, Inc. booked this project at: Product with Material description and specification Size 8X8 R.C. Box ASTM C1433 +2' Fill with Joint Sealant C789 Since the bid date in September of 2004 and the first delivery of product to the job site in August 2005, Conroe Pipe, Inc. in the 4th quarter of 2005; built a total of 124 linear feet (LF) (19 standards @ 6' length & 2 — 5' long x Exposed steel specials) of the 196 LF required to meet the bid quantities for this project. It has been brought to my attention that this bid item may be deleted. If this is in fact the case, the owners of Conroe Pipe, Inc. will require a 30% restock fee. for the product produced. This is due to the fact that Box Culverts are made on a job specific basis. If you have any further questions, please feel free to call, Ed Jackson Conroe Pipe, Inc. 5150 Jefferson Chemical Road/Conroe, Texas 77301 P.O. Box 3007, Conroe, TX. 77305 (936) 760-2259/Fax:(936) 760-2269/Metro:(936) 441-2277 CITY OF PEARLAND WEST MARY'S CREEK DETENTION FACILITY AND SWEC OUTFALL MODIFICATIONS ARTICLE 7 EXTRA WORK AND CLAIMS SC-7 Add the following paragraphs: 7.05. Amending and Supplementing Contract Documents 7.05.1. The Contract Documents maybe amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 7.05.1.1. a formal written Amendment, 7.05.1.2. a Change Order(pursuant to Paragraph 7.01), or • 7.05.1.3. a Work Change Directive. 7.05.2. In addition,the requirements of the Contract Documents maybe supplemented, and minor variations and deviations in the Work may be authorized,in one or more of the following ways: 7.05.2.1. a Field Order(pursuant to Paragraph 3.09), 7.05.2.2. ENGINEER's written interpretation or clarification(pursuant to Paragraph 3.10). 7.06. Unit Price Work 7.06.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include, for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 3.1. CONTRACTOR represents that its profits are not based upon the estimated quantities of Unit Price Work and agrees that neither ENGINEER nor OWNER shall be liable to CONTRACTOR if the actual amount of Unit Price Work differs from the estimated quantities of Unit Price Work, even if OWNER or CONTRACTOR was negligent in making such estimates. 7.06.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 7.06.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 7 if: 7.06.3.1. The quantity of any item of Unit Price Work performed by CONTRACTOR differs by more than twenty-five(25)percent(over or under) from the estimated quantity of such item indicated in the Agreement; and 7.06.3.2. There is no corresponding adjustment with respect to any other item of Work; and 7.06.3.3. If CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that Project No.052511256.0003 00800—Page 22 of 24 SUPPLEMENTARY CONDfl1ONS AR CONROE PIPE, INC. An American Owned Company Wednesday, November 15, 2006 M. Hanna Construction Company, Inc. P.O. Box 296 Sulphur Springs, TX 75483 Attention: Scott Yocham Reference: West Mary's Creek detention facility— Pearland, Texas Dear Mr. Scott Yocham: I was mistaken and apologize for my earlier letter; this is to clarify the production of the 8' x 8' box culverts for the above mentioned project and when they were produced in the 1st quarter of 2005, not the 4th quarter as stated in the April 14th letter. Attach is the production report showing when the 19 pieces were run on the 21st of February. If you have any further questions, please feel free to call, E ycGcJ4Akst-rnJ Ed Jackson Conroe Pipe, Inc. 5150 Jefferson Chemical Road/Conroe, Texas 77301 P.O. Box 3007, Conroe, TX. 77305 (936) 760-2259/Fax: (936) 760-2269/Metro: (936)441-2277 Conroe Pipe Inc. Actual Daily Production Costs February 21, 2005 Pipe Produced for the Day - Shift Size Produced 24"X8'RG 157 PH- DAY 42"X8'RG 51 PH- NIGHT 5'X3'X8'C789 14 DAY 8'X 8'X 6'C789 8 5'X3'X8'C789 9 Dc- 8'X8'X6'C789 11 NIGHT Shift Size Tons Produced Production Times Hours 24"X 8'RG 205.67 6:45AM-1:45PM 6.5 PH- DAY 42"X 8'RG 183.09 4:15PM-9:15PM 4.5 PH- NIGHT 5'X 3'X 8'C789 79.80 6:15AM-3:15PM 8.5 DAY 8'X 8'X 6'C789 86.40 6AM-3PM 8.5 5'X 3'X 8'C789 45.60 3:30PM-12 AM 8.5 DC- 8'X 8'X 6'C789 108.00 3:30PM-12:15AM 7.25 NIGHT Total for day 708.56 :4 ti �+r S SKILL 44, .t{ INTIOSIT7 M. HANNA CONSTRUCTION COMPANY, INC. -Corporate Office - P.O. Box 296 • Sulphur Springs, TX 75482• (903) 885-6772 • Fax (903) 885-3099 December 5, 2006 Cara Nesby Project Manager City of Pearland 3519 Liberty Dr. Pearland, TX 77581 RE: City of Pearland- West Mary's Creek Detention Facility Subject: RFP 3—Deletion of SWEC Weir Modifications Dear Cara, Please accept our revised credit in the amount of$256,527.00 for deletion of the SWEC Weir Modifications from the West Mary's Creek Detention Pond Project. This revised price includes a restocking fee for only the 124 linear feet of 8X8 RCB produced by Conroe Pipe. A breakdown of the proposed pricing is attached. Should you need any additional information, do not hesitate to contact me. Regards, Scott Yocham Project Manager Attachment: RFP 3 Pricing Breakdown cc: S. Reddy (WGI) File C:\Documents and Settings\Scott Yocham\Desktop\City of Pearland-West Mary's Creek\Change Orders\SWEC Weir Mods\RFP 03- SWEC DELETION REVISED.doc M. HANNA CONSTRUCTION COMPANY, INC. CITY OF PEARLAND WEST MARY'S CREEK Project No.: D71012 RFP NUMBER 3REV Acct.No.: 071-0000-03 DATE 11/30/2006 P.O.No.: 050963 BID ORIGINAL REVISED OVERRUN/ ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY ITEM COST QUANTITY ITEM COST UNDERRUN 28 8'X 8'RCB STORM SEWER LF $ 614.77 220 $ 135,249.40 0 $ - $ (135,249.40) 42 8'X 8'SET EA $ 14,429.82 1 $ 14,429.82 0 $ - $ (14,429.82) 64 DEMOLITION OF EXISTING SWEC WEIR LS $ 27,500.00 1 $ 27,500.00 0 $ (27,500.00) 65A SWEC WEIR CONSTRUCTION LS $ 143,000.00 1 $ 143,000.00 0 $ (143,000.00) 113 8'X 8'RCB RE-STOCKING FEE LF $ 107.33 0 124 $ 13,308.30 $ 13,308.30 114 8'X 8'RCB SET RE-STOCKING FEE EA $ 2,317.20 0 1 $ 2,317.20 $ 2,317.20 115 OH&P FOR DELETED ITEMS LS 15% $ 48,026.88 $ 48,026.88 TOTALS ' $ 320,179.22 $ 63,652 I $ (256,527) ol„,CEMf,P,��44c b ,.., H ... olt n AME11A SKILL > ♦ { INTIORITrS Fs'ONSISO'‘ M. HANNA CONSTRUCTION COMPANY, INC. - Corporate Office - P.O. Box 296 • Sulphur Springs, TX 75482 • (903) 885-6772 • Fax (903) 885-3099 September 5, 2006 Mr. Shri Reddy, P.E. Washington Group International 10550 Richmond Ave., Suite 300 Houston, TX 77062 RE: City of Pearland - West Mary's Creek Detention Facility Subject: Change Request—Addition of 24"RCP Influent Line Dear Shri, Please issue a change order in the amount of$25,000 for additional 24" RCP influent line which was added to the project. Attached you will find correspondence between M. Hanna Construction and Dannenbaum Engineering, detailing the pricing for this work. , Also included is the letter from Dannenbaum Engineering which settles the pricing for the work at $25,000, and Dannenbaum's intentions to reimburse the City of Pearland for this change order. Should you have any questions, or need any additional information, please do not hesitate to contact me. Sincerely, Scott Yocham Project Manager jsy C:\Documents and Settings\Scott Yocham\Desktop\City of Pearland-West Mary's Creek\Change Orders\CR-24 inch influent line.doc DANNENBAUM ENGINEERING CORPORATION• 3100 WEST ALA9AMA HOUSTON.TEXAS 77099 P.O.BOX 2229? HOUSTON.TEXAS T7227 (719)52a9570 ; ; . May 5, 2006 Mr. Scott Yocham Project Manager M. Hanna Construction. Co., Inc. 2610 Spring Cypress Road Spring, Texas 77388 • RE: West Mary's Creek Detention Pond 24-Inch RCP Additional influent Line Dear Mr. Yocham: We appreciate you meeting with us on April 24, 2006 to discuss the additional 24" RCP influent line from. West Mary's Creek to the wet well. As per our meeting, due to the construction and design issues, the detention system is not performing as intended. In order to keep the detention. emptying time to 3 days and to meet the design water pool elevation at 36.5 ft. after the pumping stops, an additional 24-inch RCP line is required. As per our agreement, Hanna Construction and Dannenbaum Engineering Corporation will split the cost of this additional work. The scope of work is presented in your letter dated April 22, 2006. it is understood that Dannenbaum Engineering will contribute a total of $25,000 towards the construction cost of the additional line. Any unexpected conditions found during construction such as dewatering, casing for bore or any other issues that may affect the construction cost shall be borne solely by Hanna Construction, since Dannenbaum Engineering comrnitment is not to exceed $25,000. Please proceed immediately once coordinated with the City of Pearland as usual. Dannenbaum Engineering Corporation is working with the City to find an administrative way to pay our portion to you. It is our preference to pay the City and have the City pay you by change order. We will work this out while construction is proceeding. We appreciate you working with us in this issue, since we both want to have the City of Pearland satisfied. Please sign in the space provided below to complete our. agreement. If you have any questions or concerns, please do not hesitate to call me at 713.527-6365. Sincerely yours, Alejdro C. Flores, P.E. Senior Project Manager C�� 7 Agreed to: Sco ocham XC: Mr. Wayne Ahrens M. Hanna Construction. Co., Inc. Mr. Brian Whitney Mr. Juan McLane cAt t 10\HHENG\3659-02-Prarfand\atiminri tr—T•ivnnn Construction,doc MAY-09-2006 13:41 7135276452 96% P.002 fr., Ks b llt/41v �y 9� t ., y o r\of S • ` SKILL ,, AME�`C�. 4 { INTEGRITY ESPONSI. . M. HANNA CONSTRUCTION COMPANY, INC. - Houston Office - 2610 Spring Cypress Rd • Spring, TX 77388 • (281) 907-0900 • Fax (281) 907-0901 April 22, 2006 Mr. Al Flores, P.E. Mr. Brian Whitney, P.E. Dannenbaum Engineering Corp., Inc. 3100 West Alabama Houston, TX 77098 RE: West Mary's Creek Detention Pond Subject: 24" Influent Line Pricing Gentlemen, After extensive review of the facts of the situation surrounding the lift station design and construction errors, it is our conclusion that while the elevation of the well floor has indeed created a problem with the lift station, the overall design flaws are not a result of this construction error. M. Hanna Construction is responsible for, and will absorb all costs associated with adjusting the various pieces of the well, such as the pump tubes, ladder and concrete, to accommodate the depth of the well being fourteen inches less than originally designed, but we are not financially responsible for the additional influent line. Keeping with this conclusion, I offer the following pricing for the installation of the additionally required 24" influent line. ITEM QTY UNIT $/UNIT TOTAL COST 24 IN CL V RCP T&G 129 LF $ 109.79 $ 14,163.50 MANHOLE 1 LS $ 7,690.44 $ 7,690.44 JACK & BORE 24 IN 20 LF ' $ 265.46 $ 5,309.30 24" CORE 1 LS $ 8,377.48 $ 8,377.48 TOTAL $ 35,540.71 In addition to the work items listed above, the following are supplemental items that have been priced separately, as they may or may not be required to complete the work. C:\Documents and Settings\Customer\Local Settings\Temporary Internet Files\Content.IE5\W9U305MJ\24 inch influent line pricing[I].doc 4/24/2006 SUPPLEMENTAL ITEMS ITEM QTY UNIT $/UNIT TOTAL COST DEWATERING 129 LF $ 29.56 $ 3,813.56 CASING FOR BORE I 20 Ir LF S 85.00 $ 1,700.00 Upon receipt of written acceptance of the above pricing, and notice to proceed, we will order the required material and begin preparation to perform the work. Should you have any questions, or need any additional pricing or information, please do not hesitate to contact me. Regards, Scott YochanY Project Manager • C:\Documentsand Settings\Customer\Local Settings\Temporary Internet Files\Content.IE5\W9U305MJ\24 inch influent line pricing[1j.doc 4/242006 M. HANNA CONSTRUCTION, INC. Home Office-P.O.Box 296,Sulphur Springs,Tx 75483 903-885-6772 Fax 903-885-3099 TIME AND MATERIALS WORKSHEET PROJECT: CITY OF PEARLAND WEST MARY'S CREEK BEGIN DATE 11/20/2006 END DATE 12/9/2006 DESCRIPTION:Place 30"crushed concrete beneath articulating blocks at weir wall. Work included building path over in place blocks,excavation subgrade,purchase and placement of crushed concrete,spread excavated material,and clean up of bridge to work area. Labor Breakdown Column A Column B Column C Column 0 A'C+8`D Cost Code Employee Reg.Hrs. O.T.Hrs. Hr.ratew/brdn O.T.rate w/brdn Total 1700 Supt. 24.00 $42.50 $1,020.00 2539 5 Man Crew 77.00 $22.72 $1,749.44 Total Labor $2,769.44 Equipment Breakdown Column A Column B Column C Column D A"D Cost Code Equipment*description #Hours Hourly Rate Fuel Total Hr.rate Total 2530 Cat D5 Dozer 24.00 $61.00 included $61.00 $1,464.00 2530 Cat 330 Excavator 16.00 $115.00 included $115.00 $1,840,00 2530 Skid Steer Loader 8.00 $40.00 included $40.00 $320.00 2530 JD Loader W.00 $56.00 included $56.00 $896.00 2530 Cat 48"Compactor 16.00 $48.00 included $48.00 $768.00 Total Equipment $5,288.00 Material Breakdown Column A Column B Column C Column D C+D Cost Code Description of Material Quantity Unit Price Subtotal Alit S.Tax C"Tx rt. Total Material 2530 Crushed Concrete Base 273.31 $14.00 $3,826.34 Total Material $3,826.34 Subcontract Breakdown Column A Column B Column C Column D C+D Cost Code Subcontract Description Quantity Unit Price Subtotal A'B S.Tax C'Tx rt. Total Subcont Total Subcontract $0.00 Hanna Supervisor: Total Cost Labor+Equipment+Material+SC $11,883.78 Field O.H.Markup% 0 $0.00 Owner Representative: Subtotal $11,883.78 Home Office O.H.Mark up% 0 $0.00 Subtotal $11,883.78 Signed: Profit mark up % 10 $1,188.38 Grand Total Extra Work $13,072.16 Date: Bond Fee% 0 $0.00 Total Price $13,072.16 12/03/2006 10:19 2819970797 tsts I wt t tray rtr Hrvu ..-, Daily Time Sheet JOB#: 24852 Date: /Z. - /-a 4 JOB NAME: West Marys EMP# EMP NAME &ID;TEM ° Mira== Total COST CODE 1111111.M11111- .]C. 3 Ci (Tis:'W 4 4,/i- '4 NMI / ri Aii_411 NM Ecier La•unas IMIP c7 4103 11111.1111111 �.� ��-7 � �m inJ�•%l��IlfmemL'i�•a .� r • q GQ C, 'fir--�wEi./ .7.'' -- -MIMI (fir le " / 111111111 . PIRE a . 7 ,- / all ME - '---a___77• Ite MI pwri ;''' ii . -F f u r D,its-" ' T MEINM�-- ' • ' =MI ' Will i- ° ni um" 5,-- . MeR-raavzormareffiNr" HMO MI0 C- ,, C... ' A .--e, IMO r IL e 2 -----. M III . 7 - I,_ , . 2 .4r,¢.J4-? �■MWM MEI 60 pc_ (2- f,' ,. - _.' 77a tr- 111.111M111111r r ,,, .,,i., m �� ; =ME - .111111111111 -- III 1 M. HANNA CONSTRUCTION PROJECT NAME West Maly's Creek PROJECT # 24-O852 FIELD DAILY REPORT -TRIER _ e.":"r Tr . _-._ DATE /2- if k SUPT SIGNATURE WORK PERFORMED _' C "'— DESCRIPTION LOCATION HOURS i-COMPLETE NOTES I 1 �-".1 .-cNAGP -5e IrIi -t 4-- I El iii ;, VIIMINIIIIIIIIIIIII11111111111111111111ErAgroraill C- CR - 1 MATERIAL RECEIVED/DISPOSED -- COST CODE MTL CODE DESC QTY RCV U OTY COMPLETE 28315 1.5 SACk SANQ[TONS} Cansi e73 , 4-sz- - ? 3 r 3 I 7 ',i'S /'&4/7e, JO i4L - t - - 4 9 ri N • m f #OIV101 H m SAFETY • ID m - cn ea N . .--4 COMMENTSJREMARKS 12/03/2006 10:19 2819970797 BESTWLSIEKN HLAKLAVL r►vL u, 41- r5 Daily Time Sheet / -` �! I JOB#: . 24852 Date: /2 '^ 2 "'9 C JOB NAME: West Marys EMP# EMP NAME BID ITEM 33 `T) Total • COST CODE 113_i 1. l o-c-- 4-/l r/4 5-. 9.3e; i Eder Lagunes 4103 Nehemiah Williams fr 'thy miff r rv't-iAi t • i( l /cif X E/'o1 .33OG Fx , t7 ri 4 13 YJ • ry -(Peel: TO q 4341 f,7''6-42l6 y 'rr-j 4;1.T 'GGC/ ,P -i-c7 i . 4 i( -)l K2,2-9f 5 !/f6, Paz 47 - j ! i i � ` M. NANNA CONSTRUCTION PROJECT NAME Wes,Mary's Creek _�_ PROJECT tI 24-0852 FIELD DAILY REPORT AT HER fiER DATE /2 _2 b SUPT SIGNATURE WORK PERFORMED - DESCRIPTION 1 • LOCATION HOURS STY-COMPLETE NOTES 1 5 5� 1'A�u---- U-, ‘le-it-iv & c / � _� r j 1 -J A MATERIAL RECEIVED/DISPOSED !COST CODE MTL CODE DESC QTY RCV CI QTY COMPLETE 213315 1.5 SACK SAND(TONS) N m m r cn m 1 CA -Qti I #DIVl01 - m SAFETY to (53 • m CV -_ w COMMENTS/REMARKS • • • . • •, .. :•,••••;:i..i••• ••••::•:•-•'••7-:•••••i:••••• •:::•:'•:••:•;••-•••:•: •'•• •- • ••• ( 14i:.•-•2•;•••••: .018100....„.00stri14141Sattarid.,..r.60:7METE..71$4_ _ " • • ; : , . 1713 4064990 • • Fax Mal:43646913 • . . • BILL TO: * • NI, lans Is , • • • • • . ..:$41-fthur ipiintis.TX 75413 . • • ' • Stihigtt. 11: TERMS : REF , SHIP• VA • Marys C'reek:1- . Net 30 12',1 12006- 1-toirrtes Rd. QUANTITY ITEM CODE . DESCRIPTION PRICE EACH AMOUNT 1 2 14.00 1.3.31 !Crushed Concrete •Crushed Conacte 3.826.341 458600,458602.458(4)4.4511605.458606.458607.458608. 458610.458612,458613.458614.458615.458617.458628. 458644.458646,458653.458654 1 W.Mary's Creek/FM 1128 P.O.If 24-0852-2670 0.( 0.00 E.xenvtion Certificaie cm 111e /0% RECEIVEr),CEC 8- E6 FS)- jOB NPPROVAL ,411!,: • f klity lkr appi-Cttalc: S3.826 34 TOTAL C6 USE o E.,A APOLLO PAPER CA (713)329-5678 piiNTED 34V W,.IYJA • CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on , 2007 by and between the City of Pearland("CITY")and PBS&J,Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Management and Inspection services for the construction of the Magnolia Road Expansion from Harkey Road to Veterans Dr. (Project#T70041) 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 provide Construction Management Services and Construction Inspection Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT change orders and construction pay estimates for overall construction costs. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall review the contractor red line drawings to ensure they are complete, and submit them in hard copy to the design engineer for preparation of final Record Drawings. All other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents submitted for change orders, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. 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 any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence,and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits("Change in Coverage")except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage,such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30)days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY,its officers,agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of Iitigation, 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. -2- 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. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of project. SECTION III-CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is a time and materials not to exceed rate. Total compensation for the services performed shall be the sum of $417,603.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. -3- 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 1250 Wood Branch Park Drive, Suite 300, Houston, Texas 77079. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60)days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the 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, attomey'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. -4- 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 parties have executed this CONTRACT this day of ,2006. CITY OF PEARLAND,TEXAS CONSULT -5- MSI An employee-owned company April 11,2007 City of Pearland Attention: Andrea Brinkley 3519 Liberty Drive Pearland, Texas 7781-5416 Subject: CM Services for Expansion of Magnolia Road, from Harkey Rd to Veterans Drive Dear Ms. Brinkley, I have modified the proposed scope as we discussed yesterday. Attached are three originals of the document on PBS&J letterhead. We continue to look forward to working with you and the City of Pearland to deliver the City's new signature thorou.hfare. Sincerely, PBS&J rj- Gary L. Hodges,P.E. Vice President,Division Manager 1250 Wood Branch Park Drive•Suite 300•Houston.TX 77079•Telephone 281.493.5100•Fax 281.493.1047•www.pbsj.com City of Pearland Magnolia Road Expansion,Harkey Rd to Veteran's Dr. Scope of Construction Management Services A. General The City of Pearland plans to expand Magnolia road from Harkey Road to Veterans Drive. The project is projected to commence construction on May 1, 2007 with a total construction contract duration of 400 Calendar Days,with a contract completion date of June 3, 2008. Major work will include demolition of existing pavement and base,new base and pavement placement,bridge work, drainage,storm sewer, sanitary sewer,water line and fire main, SWPPP implementation, traffic signal installation, sign installation, traffic control and permanent striping. PBS&J shall have no duty or obligation to supervise the contractor's work. The City will provide office facilities for the PBS&J field personnel. In general,and except as may be modified in writing or directed by the City of Pearland, the services to be provided by PBS&J under this agreement are: 1)Construction Administration&Management/Observation and Inspection Services, and 2)Consultant Testing Services Coordination. PBS&J anticipates working 6 days a week for first three months in order to assure Milestone 1 and 5 days a week for the remainder of the project. The rates projected for the various work classifications is based on direct rate times a multiplier of 2.8224 for office based personnel and 2.36 for field based personnel. B. Construction Administration and Management Services Act as the City of Pearland representative and provide overall project oversight. Analyze construction project requirements in terms of personnel required for observation /inspection of workmanship,materials onsite and elsewhere, and construction progress to determine conformity of the work to the plans and specifications. Assign field personnel to associated project, once awarded,and obtain approval of assignment from the City of Pearland. Provide lab coordination, assignment of testing/inspection personnel,review invoices to ensure accuracy and coordinate shop drawing/submittal reviews and approvals. Review testing lab report results for compliance with the contract and take appropriate action to include City notification of failures. Perform construction management and supervise field inspection services as well as field inspection coordination and testing lab coordination services. Ensure contractor compliance associated with project requirements as they pertain to project supervision,project scheduling requirements and NTP requirements. This activity will include,but not be limited to, CPM scheduling specification compliance, NPDES permitting compliance and review of material testing requirements with contractor and laboratory testing personnel. 1 PESSI Prepare, distribute, log and file project correspondence. Review the contractor's CPM schedule monthly and ensure compliance with the specifications associated with the project. Based upon information supplied by the construction contractor, review and coordinate red-lined, as built, drawings per the specifications throughout the duration of the contract. The format shall be as required by the City of Pearland. Produce an independent estimate in order to review and recommend contractor's monthly,pre-final and final pay estimates for construction of the project. Review and certify the contractor's monthly pay estimates of work performed associated with the project. Prepare monthly summary report of construction activities with outstanding issues outlined for review. Monthly progress information associated with the project will be submitted to the City of Pearland for review and approval. Review contractor's request for additional compensation for extra work and submit findings and recommendations to the City of Pearland. Review contractor's request for time extensions and submit findings and recommendations to the City of Pearland. Assist in the preparation and issuance of construction change orders and supplemental agreements. Additionally, recommendations associated with time and costs associated with the change notices will be forwarded to the City of Pearland for approval prior to implementation. Preparation of plans and specifications associated with above change orders and supplemental agreements are not included in the Scope of Services for this agreement. Review, make recommendations and coordinate the response to contractor Requests for Information (RFI) and submittals. Provide oversight on review of contractor's claims for additional compensation for extra work and submit findings and recommendations to City, for hearings or litigation as required. Assist the City of Pearland in preparation and documentation of factual evidence. Maintain logs for correspondence, change orders, submittals, and RFI's. Assist the City of Pearland with public outreach efforts to include attending necessary public meetings and coordinating with stakeholders and other entities during construction. Coordinate and host a CPM baseline schedule development meeting with the Contractor and the City. 2 Py9 Attend utility coordination meetings with the contractor, City and utility owners. Coordinate and host the pre-construction meeting to ensure proper lines of communication are outlined and pre-construction requirements associated with the project are documented and communicated to the construction contractor. Coordinate and host weekly construction meetings to address the current status of contractor's work schedule, outstanding issues, submittals, shop drawings,and change orders. Coordinate and host month ending construction meeting as part of weekly progress meeting to determine schedule changes and facility adjustments required to maintain contractor's schedule for project completing. Prepare and distribute meeting minutes from all hosted meetings. Prepare substantial completion certificate. Review project for final acceptance and coordinate final review with City of Pearland personnel. Coordinate any and all outstanding issues with City of Pearland personnel to ensure resolutions prior to final acceptance. Coordinate final documentation processing,in accordance with City of Pearland standards,and submit to staff upon completion of the project. and make monthly report to the City Provide a monthly status report to the City during the warranty period indicating corrections identified and completed. C. Field Observation/Inspection Maintain project diary documenting daily construction activities, weather conditions, time charges and contractor's resources as well as any project specific information associated with the project. This diary will also incorporate any contract items of observation and decisions associated with the construction of the project. Observe and monitor contractor's operation and determine, in general, compliance with the construction plans and specifications on each item of work underway and ensure acceptable material is incorporated into the work. (Test results will be evaluated and approved prior to material being accepted for payment.) Verify contractor has obtained necessary permits. Review contractor's daily quantities of work completed. Complete daily construction activity reports. Notify the City and Resident Engineer immediately in the event of an on-site accident. 3 y Independent testing laboratories have been engaged by the City of Pearland to perform the usual onsite and offsite lab testing services for construction materials and plant inspections. These services are not included in the Scope of Services for this agreement. Provide a monthly update of project significant activities and vital statistics to include time expended, $work in place, anticipated completion date and other information as requested by the City. The format and documentation requirement will be electronic in format with a web based portal for City access(one license will be provided to the City at no cost)or as otherwise established by the City of Pearland personnel. Coordinate utility adjustment activities, utility installation verification, monitoring, record management,reporting,and as-built drawings. Monitor utility owner's relocation construction for compliance with City permits. Monitor contractor's traffic control plan for compliance with plans and specifications. Coordinate material testing needs with contractor's schedule and schedule required tests with assigned laboratory coordinator. Ensure test frequencies adhere to sampling frequencies as outlined by assigned lab coordinator. Review test reports for accuracy and maintain filing system for test reports and material compliance as required. Prepare photographic project documentation to include individual activities and overall progress as well as impacts to the public. Review and validate contractor videos and photographs taken in accordance with the construction contract. Attend all construction,utility coordination and scheduling meetings. Monitor and document construction rain days,make monthly reports to the City, and make recommendations for time extensions as appropriate. Conduct substantial completion inspection,prepare the project punch list of discrepancies for the various construction items and monitor the completion and acceptance of the items as required by the specifications. Provide warranty period inspection and work verification. 4 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on , 2007 by and between the City of Pearland("CITY")and PBS&J,Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Management and Inspection services for the construction of the Magnolia Road Expansion from Harkey Road to Veterans Dr. (Project#T70041) 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 provide Construction Management Services and Construction Inspection Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT change orders and construction pay estimates for overall construction costs. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall review the contractor red line drawings to ensure they are complete, and submit them in hard copy to the design engineer for preparation of final Record Drawings. All other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents submitted for change orders, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. 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 any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence,and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits("Change in Coverage")except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage,such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY,its officers,agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation,court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. -2- 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. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of project. SECTION III-CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is a time and materials not to exceed rate. Total compensation for the services performed shall be the sum of $417,603.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work:shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. -3- 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 1250 Wood Branch Park Drive, Suite 300, Houston, Texas 77079. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60)days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the 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. -4- 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 parties have executed this CONTRACT this day of ,2006. CITY OF PEARLAND,TEXAS CONSULT -5-