R2003-0074 05-19-03 RESOLUTION NO. R2003-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH OTHON, INC. FOR
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE O'DAY
ROAD SEWER 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 Othon,
Inc., 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 Othon, Inc. for engineering design services
associated with the O'Day Road Sewer Project.
PASSED, APPROVED and ADOPTED this the 19th day of Hay ,
A.D., 2O03.
ATTEST:
,r ,'rjCc -/.,,'
FY SEDRETARY f/"
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
R~CHARD TETENS
MAYOR PRO-TEM
Exhibit "A"
Resolution No. R2003-74
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Othon, Inc. (hereinafter "Engineer") as follows: .
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Engineering services on O'Day Trunk Line.
Engineer/Subconsultant(s) Fee Basis of Compensation
Othon $93,464.00 Lump Sum
The Wilson Survey Group $20,240.00 Lump Sum
HBC Terracon $13,255.00 Lump Sum
Maximum Contract Amount $126,959.00
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: Sixty (60) days from completion of
Construction.
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can 'determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
!
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon 'multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
2
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one percent (1%) per month
from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days'
written notice to City, suspend services under this Contract until Engineer has been paid
in' full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that_competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will 'notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any 'contractual relatiOn between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer 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 Engineer, 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
(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.
B. The Engineer 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, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer 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 Engineer 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
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the 19th day of Miry ,2003 .
CITY OF PEARLAND
By: '
Printed ame' Bill Eisen
Title: City t4anaqer
Printed N~ne: Vj'~c~-~i-~)J~r~¢'v,.-
Title: ~/¢'...- ~"'"-':J~'"'['" '
STATE OF TEXAS §
COUNTY OF F.~-'z'~--" §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
"-'~/i/ ~,~,'-,-~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND
'~'7~ , A.D., 20
/
AND
SEAL OF OFFICE THIS ,~,?0 DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAs
Printed Name: r'-~.,,'/~ ~
My Commission Expires:/~o,.-;') ~o~
STATE OF TEXAS §
COUNTY O F'~4:ZJi~ §
'\//~. BEFOR/E'/I~/E, the undersigned Notary Public, on this day personally appeared
~ ~;',~, known to me to be the person whose name is subscribed to
the foregoing instrume~ and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
,-,.,,GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS AY OF
~NOI'ARY PUBLI~ IN AND FOR THE STATE OF TEXAS
Printed Name:
My Commission Expires:
OTHON
April 24, 2003
Mr. Joe Wertz
Projects Director
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
OTHON, INC.
11111 Wilcrest Green, Suite 128
Houston, Texas 77042
713 975 8555 TEL
713 975 9068 FAX
othoncorp@othon.com E-MAIL
www. othon.com WEBSITE
CONSULTING ENGINEERS
Civil, Transportation, Environmental,
Construction Management
RE:
Response to Comments on Professional Services Proposal
O'Day Trunk Sewer
Dear Mr. Wertz:
OTHON has received and reviewed the comments on our proposal for the above
referenced project. In response to the City's comments, we are resubmitting our revised
proposal, and we offer the following:
Comments on Routing Slip
1 .) Comment: "Construction Cost seems high and move line out of ditch"
Response: We have investigated more current bid tabulations and revised accordingly.
We have accounted for removing existing 8 and 10-inch line out of the ditch.
2.) Comment: "Two reviews should be sufficient."
Response: Scope of wok has been revised. There will only be City reviews for the 30%
and 90% construction drawings
3.) Comment: "verify curves.'
Response: The curve that was used as the basis for our Basic Services fee was the City of
Houston Modified Curve B. This curve was published in June 2002, and we feel
represents the fee appropriate for the scope of this project until the new Harris County
curve is published later this year.
4.) Comment: "Schedule is too long"
Response: Due to multiple involvements with various public and private agencies and
coordination with other design projects, the schedule is consistent with the needed
coordination effort. If critical, this issue can be studied further.
5.) Comment: "Place line on future O'Day 100 ft ROW."
April 24, 2003
Mr. Wertz
Page 2
Response: OTHON will address during design phase. No response necessary.
Comments on Proposal - Scope of Services
6.) Comment: "1 lx ? 7 not readable"
Response: Exhibits for PER will be produced at 1 l'x 17'. Construction drawings will be
done on 22"x 34' sheets.
7.)Comment: "Coordinate depth with JKC.'
Response: OTHON will address in design phase.
8.)Comment: "Eight sets of bid packages is too small"
Response: Scope has been revised to allow for twenty sets (20).
9.)Comment: "City Review Sets @30%, 60% and 90%~.'
Response: City will review at 30% and 90% only
Comments on Proposal - Engineering Fees
10.) Comment: "Cost Estimate seems high. Will fees paid to engineer be on bid
(contract) cost or lump sum? Proposal not clear.'
Response: Cost estimate was adjusted with more recent City of Pearland bid tab. The
standard City of Pearland Contract allows for an "equitable adjustment" that is mutually
agreeable to the Engineer and the City if the actual Iow bid for construction is 20% above
or below the estimate presented in the cost proposal.
11 .) Comment: "Why are four items noted (Traffic Control, Williams Pipeline, Storm
WaterPollution Prevention Plan, and TxDot Coordination) being paid for under additional
services? Should be compensated under design curves.'
Response: Traditionally, American Society of Civil Engineers, Texas Society of Professional
Engineers and surrounding Cities and municipalities have recognized TCP and SWPPP as
Additional services. The anticipated construction cost of these items is subtracted from the
Construction Cost used in the fee calculation, and these items are negotiated on a "level
of effort" basis. This is due to the highly variable nature of these plans which is based
more on the project location and than on the construction cost. The TxDOT coordination
additional service is to cover the additional meetings and coordination necessary to
obtain their approval of the 518 crossing.
Level of Effort - Traffic Control Plan
12.) Comment: "Ought to be covered in the normal design fee under Engineering Design
Curves. Not an additional fee?
April 24, 2003
Mr. Wertz
Page 3
Response: See Item No. 11 above.
Level of Effort- Storm Water Pollution Plan
13.) Comment: Should not be an additional fee.'
Response: See Item No. 11 above.
Construction Cost
14.) Comment: ' Item 5 - Remove and Replace AC Pavement. - Where'.'
Response:
anticipated.
15.) Comment:, Check on construction costs"
Response: OTHON revised cost estimate is base on recent City of Pearland bid tabs.
16.) Comment:, Initial design should include removing sanitary sewer from ditch"
Response: Revised
Based on Comment 5 above, no significant pavement replacement is
Thank you again for your consideration of our proposal. OTHON is available to answer
questions regarding this, and we are available to meet in person at your convenience.
We look forward to seeing these and future projects to a successful and timely
conclusion.
Sincere!y,
Vincent R. O ~b~~
Vice President
GENERAL'
INFOP~MATION
OTHON
PROJECT BACKGROUND
The City of Pearland requested that OTHON, INC. submit a proposal for the provision of professional
engineering services in connectioh with design of a 24-inch trnnk sanitary sewer along O'Day Road
from Olin Drive to south of 5.18.
The proposed tmnkline will convey wastewater flow from the Hickory Creek sUbdivision south and
will tie to the 24-inch Harkey Sanitary Sewer, designed by others. This scope of work for this project
has been developed in accordance with the City of Pearland's 2002 Sanitary Sewer Master Plan.
Name:
Pipe size:
Length:
Limits:
O'Day Trunk Sewer
24inches
5,000 feet
Northern Limit:
Southern Limit:
SCOPE OF SERVICES
Olin Drive
South of FM 518.
A. Route Investigation
1. Research and obtain information, data and drawings available from the City'of Pearland,
adjacent development;
2. Obtain information on general geotechnical make-up of the area based on existing
geotechnical information from adjacent City projects;
3. Obtain and utilize aVailable contour maps of the area from the City's planimetrics
and adjacent City projects;
4. Obtain FEMA flood maps of the area and determine flood plain limits in the area;
o
Contact and obtain information from various private utility entities in the area such
as Southwestern Bell Telephone Company, Center Point, petroleum pipelines,
railroads, etc. in regard to hoxv their facilities may affect the Project;
6. Contact and coordinate permit needs from the Texas Department of Transportation.
7. Identify potential connection points for existing lateral collection systems.
The Engineer shall render the following professional services in connection with the design of the
Project:
Bo
Preliminary Sanitary:Sewer Design
1.
2.
3.
4.
o
Provide a general overview of the existing sanitary collection system;
Prepare sanitary sewer layout(s), including line size and routing;
Identify right-of-way needs; _
Identify system connection requirements; at present it is anticipated that the proposed
O'Day Trunk Sewer will tie in at a proposed 24" sanitary sewer on Harkey, south of 518
currently under design by others. Othon will coordinate the location and elevation during
the preliminary design phase of the project.
Identify utility conflicts;
Provide preliminary horizontal and vertical alignment design;
Prepare a Cost Estimate of the anticipated probable construction costs of the project.
Co
Final Design
1. On the basis of the preliminary design, prepare final' construction drawings and
specifications for construction;
2. Prepare interim design submittals of construction drawings, opinion of probable
construction cost, and project schedule at a 30% and 90% completion level to be submitted
to the City for review;
3. Assist in the preparation of the applications for routine permits required by local, state and
federal authorities, if required;
4. Prepare the bidding documents;
5. Acquire all necessary agency approvals.
Do
Bidding
1. Assist in advertising the project and distribute plans to interested parties;
2. Conduct pre-bid conferences and prepare necessary addenda;
3. Assist in obtaining bids;
4. Assist in the tabul.ation and analysis of bids and furnish recommendations on the award of
the construction contract.
Eo
Fo
Deliverables
1. Preliminary Design:
go
Prepare and deliver to the City a draft report (3 copies) detailing the-investigations
carried out and present the findings of the study with such exkibits and tables to present
the route study, the sanitary sewer design, and project costs. The report will present the
results of the study along with conclusions and recommendation. Exhibits shall be
readable and a minimum size of 22" x 34";
b. Receive such comments as the City may make in regard to the draft report and
incorporate them into the preparation of a final report (3 copies) to the City.
2. Final Design:
a. Prepare and deliver two (2) sets to the City of 30% construction draxvings including
table of contents for construction specifications;
b. Prepare and deliver two (2) sets to the City of 90% construction drawings including a
set of draft construction specifications and traffic control plans, if any;
c. Prepare and deliver one (1) set to the City of final drawings and specifications for .' : · ·
review and approval for bidding;
d. Prepare twenty (20) sets of bid packages for distribution to contractors for bidding;
e. Deliver final plans to the City on CD;
Coordinate with contractor to obtain "As-built" information and prepare and deliver to
the City on mylar and CD the final "Record Dra~vings" based on the information
provided by the contractor.
Time for Performance
Engineer agrees to complete the preliminary design services called for in Scope of Services
of this agreement and submit a draft report (3 copies) to the City for review within ninety
(90) calendar days from the date a Notice to Proceed is issued. Upon receiving approval of
the draft report from the City, Engineer will proceed with the preparation of a final report (3
copies) to be submitted to the City within thirty (30) calendar days, together with any
changes or modifications requested by the City;
Engineer agrees to complete final design service called for in Scope of Services of this
agreement and submit bid-ready drawings and specifications to the City within one
hundred fifty (1~0) days. Review sets will be submitted for 30% and 90% during the
specified time. The one hundred fifty (150) days does not include time for the City
reviews. Time required for City reviews will be added to the one hundred fifty (150) days;
Engineer will submit in MicrOsoft Project fOrmat the schedule for the project including
preliminary design, final design, other critical tasks, City review time, bidding and
construction at each interim design submittal. _
The Engineer's Compensation
For and consideration of the services rendered by the Engineer, pursuant to this
Agreement, the City shall pay to the Engineer the fee as indicated in Section 3 of this
proposal.
~~: I~ '~ ~'/J PROPOSED 24-INCH
,' ~~ ~ [ f ~ ~ ~ SANITARY SEWER
~ [ ~~~~~~ IOf FM518 (TUNNEL) ~ ..........
~~~ ~'~ ~ ~~~ I~ I: "¢~,J
..... k ~t ~ !g/~ ~ ~J~ I tuF~ PROPOSED24-1NCH ._l .......
5 u ~~~~,~ ~ (BY OTHERS)
~ ~ ~ ~L J : : ~..-.-..~ ................
~L~ OTHON CITY OF PEARLAND, TEXAS ~ EXHIBIT NO.
OTHON, INC., CONSULTING ENGINEE~ PROPOSED 24-INCH
Civil, Tmnsporfofion, EnvJ~nmenlol, CM
~1~1~ w,~ ~.. D,~., ~ ~. TRUNK SEWER
Ho~on, T~ 7704~
i i ,,
! ~ ! : ~
· ,~ ~ t'- ! , lEI
._ ~o o , 8 o
'' ! ._ · -. [ * o. ~. ~
I
o ~ ~ ~' I ~ ~c ...................... ~'~:~'~
ENGINEERING
FEES
OTHON
'ENGINEERING FEES
Estimated Construction Cost:
Curve for Engineering Compensation
(1.) Excludes Traffic Control and SWPPP, Refer to Construction Cost Estimate.
.BASIC SERVICES:
Total Basic Services Design Fee:
$ 81,100
35% Preliminary Engineering $ 28,385
55% Final Design and Bidding $ 44,605
10% Construction Administration '$ 8,110
100%
819,000
776,000
10.5% Modified Curve'B
Total Basic Services: $
,ADDITIONAL SERVICES:
81,100
Surveying (The Wilson Survey Group): $ 14,740 (2) (3)
Easement Preparation (The Wilson Survey Group): $ 5,500 (2) (3)
Geotechnical (HBC Engineering): $ 13,255 (2) (3)
Traffic Control Plan: $ 4,385 (4)
Storm Water Pollution Prevention Plan (SwPPP): $ 3,279 (4)
TxDOT Coordination: $ 1,000
Williams Pipeline Coordination: $ 1,000
(2.) See attached Subconsultant Proposal; Includes a 10% Markup.
(3.) A portion of these items was conducted for the Hickory Creek Subdivision Water and Sewer Project.
(4.) See attached Level of Effort, this Section.
Mileage: $ 500
Printing: $ 2,200
TotalAdditional Expenses: $
TOTAL ENGINEERING FEE:
45,859
126,959
Revised 04/03/03
THE WILSON SURVEY GROUP, INC.
PROFESSIONAL LAND SURVEYORS
September 6, 2002
Mr. Richard Davis, P.E.
Othon, Inc.
11111 Wilcrest Green Dr., S-128
Houston, Texas 77042
Re: Additional Services on the City of Pearland Hickory Creek Project
O'Day Road from Dublin Street to FM 518 (West Broadway)
Dear Mr. Davis,
This letter is our proposal to provide surveying and mapping services in connection with the
above referenced design project. Based on your request dated August 30, 2002 we can provide
the requested services as follows:
The cost to conduct a topographic survey and prepare plan and profile sheets along O'Day
Road from Dublin to the north edge of pavement of FM 518 (approximately 2,600 L.F.) will be
approximately $11,500.00.
The cost to conduct a topographic survey on the FM 518 intersection to a point 50-feet south of
the south right-of-way line will be approximately $1,900.00.
The cost to prepare a right-of-way map, parcel maps and individual metes and,,J~unds
sides of Road from FM (based on,,,1,8' parcels)
descriptions for both O~Day Dublin Street to 518
will be approximately $9,~.2,1:;)e~0.1~ ~o t, c, t~
The information will be added to the existing drawing files and can be provided within two (2)
weeks following the receipt of all underground utility information. Please sign, date and return
one (1) copy of this proposal to serve as our authorization to proceed.
Mr. Davis, we appreciate the opportunity to submit this proposal. Please feel free to contact me
at (281) 485-3991 if you have any questions or if we can be of further service.
Yours truly,
Michael D. Wilson, R.P.L.S.
President
ACCEPTED:
BY:
DATE:
TITLE:
2006 E. Broadway · Suite 105 · Pearland, Texas 77581
Ph (281) 485-3991 · Fax (281) 485-3998
E-mail: mdwilson @ houston.~r, com
July 24, 2002
Mr. Richard P. Davis, P.E.
Othon, Inc.
11111 Wilcrest Green Drive, Suite 128
Houston, Texas 77042-4739
ENGINEERING
Ph.: 17131 975-8555
Fax: 1713) 975-9068
Re~
Proposal for Additional Geotechnical Services
Proposed Water & Sanitary Sewer Improvements
Hickory Creek Subdivision
Pearland, Texas
HBC Proposal No. H02-561A
Dear Mr. Davis:
HBC Engineering, Inc. (a Division of Terracon) understands that we have been selected to
provide additional geotechnical services for the above referenced project for the City of Pearland
based solely on our professional qualifications to perform such work. This proposal outlines our
understanding of the scope of services to be performed by HBC for this project and provides an
estimate of the cost of our services.
PROJECT INFORMATION
In May, 2002, HBC performed a geotechnical investigation for water and sanitary sewer lines in
Hickory Creek Subdivision in Pearland, Texas. (Brazoria County Key Map Page 614L.) The
project was originally expected to include a lift station near the intersection of Garden Road and
Marsha Lane, however due to access problems the lift station will not be constructed at this time.
Instead, the sanitary sewer will be extended south about 1000 ft to the existing lift station
between Laurie Lane and Gardenia. A new wet well will be constructed for the lift station. The
wet well is expected to be on the order of 30 ft deep.
SCOPE OF SERVICES
A brief summary of the services to be provided by HBC is provided in the following paragraphs.
Field Pro,am. Based on our understanding of the additions to this project, we plan to perform
two additional borings, one at the lift station to a depth of about 45 ft and one to a depth of 20 ft
I Iouston I)nllas Fm't Worlh :\ustin Tcx.'ts ('ilv
11555 £'lay I~oad 8t)0J ('lll'pClliCr Frwy. 2(~ltJ (illlvcJ I)ri~c 531}7 Imhtstrii~l {)aks Iliad. 31dl2 3rd Avenue North
I h}uslOll. 'rx 771143 I)~i[las. TX 75247 18171 21~8-g611(1 2M~slitl. '¥X 78735 {40gl t145-35113
17{3) 6t){)-8t)gt) (2141 (~3(M()I0 Fax 1817) 1/,8-8(,1)1 15121 d42-1121 I:ax (4()t11 t145-51}77
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Othon, Inc.
HBC Proposal No. HO2~56L4
July 24, 2002
Page 2
deep near the intersection of Laurie Lane and Garden Road which would be approximately 500 fi
spacing. The total footage would be 65 ft.
Drilling services will be provided by a subcontractor. During drilling, test samples will be
collected in general accordance with the appropriate ASTM procedures. Once the samples have
been collected and classified in the field, they will be properly prepared and placed in
appropriate sample containers for transport to our laboratory.
Based on a visit to the site, we anticipate that the boring locations will be accessible to standard
truck mounted drilling equipment. There should be adequate room to the north or west of the
existing fenced lift station to perform the boring. The additional boring will be located near the
intersection of Laurie Lane and Garden Road. Due to overhead power lines and steep ditches
along the west side of Garden Road, it may be necessary to drill the boring on the east side of
Garden Road. We anticipate that the borings can be drilled off the pavement, however, we have
included the cost for traffic control as a separate item should it become necessary.
This proposal does not include services associated with location of underground utilities. We will
notify Texas One Call prior to scheduling our drilling services and make every effort to avoid
underground utilities, however, HBC cannot be responsible for utilities for which we are
unaware.
Laboratory Testing. The sample classifications will be reviewed by a geoteelmical engineer in
the laboratory, and a laboratory testing program will be assigned which will be specific to the
project requirements and the subsurface conditions observed. The testing program could include,
but may not be limited to, moisture content, unit dry weights, Atterberg Limits, compressive
strength tests, and grain size analyses. The laboratory testing program will concur with the
applicable ASTM standard procedures.
Engineering Report. The results of our field and laboratory programs will be evaluated by a
professional geotechnical engineer licensed in the State of Texas. Based on the results of our
evaluation, an engineering report will be prepared which details the results of the testing
performed and provides Logs of Borings and a project layout. The report will provide
geotechnical engineering recommendations which will address soil and groundwater conditions,
groundwater control, utility excavations, OSHA guidelines for trench shoring/bracing, trench
bedding and backfill,; uplift, lift station design parameters, and pavement repair.
SCHEDULE
We can generally begin the field exploration program within about one week after receipt of
authorization to proceed, site and weather conditions permitting. We estimate that the final
geotechnical report can be completed within about two weeks after the soil borings are
completed. In situations where information is needed prior to submittal of our report, we can
Othon. Inc.
HBC Proposal No. HO2-56DI
Suly 24. 2002
Page 3
provide verbal information or recommendations for specific project requirements directly after
we have completed our field and laboratory programs.
ESTIMATED COST
For the scope of geotechnical services outlined in this proposal which includes drilling,
laboratory testing, and an engineering report, we estimate total costs of $2650. Traffic control, if
necessary, will be charged at $30 an hour. The cost of our services will not exceed the applicable
figures without approval of the client.
AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Consulting Services and
returning both copies along with this proposal to HBC. One fully executed copy will be retumed
to you for your files. This Proposal for Services and accompanying limitations shall constitute
the exclusive terms and conditions and services to be performed for this project. HBC's total fee
is due within thirty days following receipt of invoice. This proposal is valid only if authorized
within sixty days from the listed proposal date.
We appreciate the opportmfity to provide this proposal and look forward to the opportunity of
working with you.
Sincerely,
HBC ENGINEERING,
A Division of Terr.~acon, ~
Bobbie Sue Hood, E.I.T.
Geotechnical Engineering
(-~Kane~lgYerSoe~t~r~oPt~cE~mical Engineering
HBC Proposal No.: H02-561A
AGREEMENT FOR
CONSULTING SERVICES
This Agreement is made as of July 24, 2002 between HBC Engineering, a Division of Terracon, an Iowa
Corporation, (hereinafter "HBC") whose mailing address is 11555 Clay Rd., Suite 100, Houston, Texas 77043,
and Othon, Inc. (hereinafter "CLIENT") whose mailing address is 11111 Wilcrest Green Drive, Ste. 128,
Houston, Texas 77042-4739. Services to be provided are described in HBC Proposal No. H02-561A and are
subject to the following terms and conditions to which the parties mutually agree:
ARTICLE 1 - SCOPE OF SERVICES
1.1 In consideration of the mutual covenants contained herein, HBC shall perform the services identified in our proposal (hereinafter
"the Services"), which is made a part hereof, in accordance with the terms of this Agreement.
1.2 The services covered by this Agreement will be undertaken by HBC only upon receipt of an executed copy, signed by an authorized
representative of CLIENT.
1.3 Services under this Agreement are for the CLIENT's sole benefit and exclusive use with no third party beneficiaries intended.
ARTICLE 2 - AMENDMENTS
CLIENT, without invalidating this Agreement, may request changes within the general scope of the Services required by this
Agreement by altering or adding to the Services to be performed, and any such changes in the Services shall be performed subject
to this Agreement. Upon receiving the CLIENT's request, HBC shall return to CLIENT a change setting forth an adjustment to
the Services and Project Cost estimated byHBC to represent the value of the requested changes. Following CLIENT's review of
HBC's change proposal, CLIENT shall provide written acceptance under the tenm of tiffs Agreement.
ARTICLE 3 - PROJECT COSTS and PAYMENT
3.1 HBC shall be paid as outlined in our proposal.
3.2 HBC will submit an Invoice to CLIENT on a monthly basis or upon completion of the Services unless otherwise specified by
CLIENT in writing.
..,;~.:~ ~n ~ ..... ~. r .... ;~ 10 days after receipt of payment from the City of
3.3 Payment shall be made by CLIENT ......... .~.o:~, ~r,~..
Pearland.
3.4 CLIENT shall provide written notification to I-IBC within 15 days of receipt of the invoice should CLIENT object to all or prat
of charges appearing on the Invoice. The portion of the Invoice which is not in dispute shall be paid by the CLIENTS within 30
days of receipt of the Invoice.
3.5 A finance charge of 1.5% per month will be paid by the CLIENT for all non-disputed invoices after 30 days.
4.1
ARTICLE 4 - CONFIDENTIALITY
HBC shall maintain as confidential and not disclose to othem without CLIENTs prior written consent, all information obtained
from CLIENT, not otherwise previously known to I-IBC in the public domain. The provisions of this Article shall not apply to
information in whatever form which (i) is published or comes into the public domain through no fault of HBC, (ii) is furnished
by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed
by law on order of a court, administrative agency or other authority with proper jurisdiction. HBC will notify CLIENT in writing
immediately if information is requested under item (iii) above.
ARTICLE 5 - CONSULTANT'S REPRESENTATIONS, WARRANTIES, and COVENANTS
5.1 I-IBC, its employees, agents and subcontractors will hold necessary licenses and certificates requked by federal, state, or local roles
and regulations.
5.2 The Services will be performed using that degree of care and skill customarily provided by an experienced professional
organization providing similar services in the area during the same time period.
5.3 HBC makes no other warranties either expressed or implied, as to the Services performed hereunder.
5.4 HBC shall take reasonable precautions to prevent injury or loss to persons or property at the site.
Page 1 of 3
HBC Proposal No.: H02-561A
ARTICLE 6 - CLIENT'S REPRESENTATIONS, WARRANTIES, and COVENANTS
6.1 CLIENT agrees to provide HBC with all existing data, plans, and other information in CLIENT's possession, which are necessary
for the performance of the Services. CLIENT agrees to provide ItBC continuing related information, as it becomes available to
CLIENT. This information will inelnde such information as location of utilities, known site hazards, nature and/or characteristics
of any hazardous or toxic materials on or near the site. HBC may rely upon this information but is not responsible for its accuracy.
6.2 CLIENT shall ensure that HBC has authorized access to the site during performance of the Services and if the time of that access
is limited, CLIENT will notify HBC prior to commencement of the Services so adjustments in Project Costs and planning can be
made, if necessary.
7.1
7.2
ARTICLE 7 - INDEMNITY
HBC shall indemnify, defend and hold harmless CLIENT from and against any and all lawsuits, claims, liabilities, causes of action,
losses, damages, forfeitures, penalties, fmcs, costs and expenses, including, but not limited to, reasonable attorney's fees and
expenses, by whomever asserted, including, but not limited to, any government agency or branch or any third party to the extent
the same arise from (i) a breach by HBC of any term or provision of this Agreement, (ii) violation by I-IBC of federal, state or local
statute, rule, regulation or ordinance in the performance of the Services, or (iii) negligent errors or omissions of HBC or its
employees, agents, or subcontractors in the performance of the Services.
CLIENT shall indemnify, defend and hold harmless HBC from and against any and all lawsuits, claims, liabilities, actions, causes
of action, demands, losses, damages, forfeitures, penalties, fmcs, costs and expenses~ including, but not limited to, reasonable
attorney's fees and expenses, by whomever asserted, including, but not limited to, any government entity, agency or branch, any
third party, an employee, contractor employed or retained by I-IBC, any third party or employee employed or retained by HBC,
to the extent that such claim, property damage, injury or death resulted from (i) the negligence or willful misconduct of CLIENT
or agent of CLIENT, (ii) violation of federal, state or local statute, rule, regulation or ordinance by CLIENT or agent of CLIENT,
(iii) CLIENT's alleged involvement or status as an owner, operator, arranger, generator or transporter of hazardous substances or
constituents at the site, or (iv) inaccurate information provided by CLIENT to HBC. Client and HBC agree that they will not be
liable to each other, under any circumstances, for special, consequential or punitive damages arising out of or related to the
Contract.
9.1
ARTICLE 9 - CONSEQUENTIAL DAMAGES
Neither party shall be liable to the other for loss of profits or revenue, loss of use, loss of opportunity, loss of good will, cost of
substitute facilities, goods, or services, cost of capital, or for any special, consequential, punitive, or exemplary damages, under
any theory of liability.
ARTICLE 10 - INSURANCE
10.1 I-IBC represents that it now carries and will continue during the terms of this Agreement to carry Workmen's Compensation,
Comprehensive General Liability and Comprehensive Automobile Liability insurance in the following amounts:
· Statutory Workers Compensation Insurance and Employers Liability Insurance - $1,000,000 per accident.
· Commercial General Liability Insurance - $1,000,000 per occurrence and $1,000,000 annual aggregate for bodily injury or
death and property damage, including loss of use thereof, written on an occurrence (as opposed to a "claims made") basis.
Umbrella Liability Insurance - $5,000,000 per occurrence and $5,000,000 aggregate liability for bodily injury or death and
property damage, including loss of use thereof.
Page 2 of 3
ARTICLE 10 -INSURANCE (Continued)
HBC Proposal No.: H02-561A
· Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired vehicles - $1,000,000 combined
single limit of liability per occurrence for bodily injury or death and property damage, including loss of nsc thereof, written
on an occurrence (as opposed to a "claims made") basis.
· Errors and Omissions Insurance, including Pollution Liability, Applicable to Services - $1,000,000 with respect to claims
made against HBC for negligent errors or omissions in the performance of the Services hereunder.
ARTICLE 11 - DELAYS AND TERMINATION
11.1 CLIENT or I-IBC may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially
to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party. A complete
settlement of all claims upon such termination of this Agreement shall be made as follows: CLIENT shall compensate I-IBC for
the Services performed up to the date of receipt of termination plus reasonable costs incurred in terminating the Services in
accordance with HBC's current fee schedule. In the event Services cannot be performed on or before the projected due date because
of circumstances beyond the control of HBC, including, but not limited to strike, fire, riot, excessive precipitation, act of God,
governmental action, third party action or action of omission by CLIENT, the Services shall be amended by CLIENT and HBC
in accordance with Article 2 of this Agreement.
ARTICLE 12 - WASTE AND SAMPLE DISPOSITION
12.1 Unless otherwise specified in Proposal, the proper disposition of any contaminated materials generated on-site as a result of the
Services, including, but not limited to, waste materials, samples, produced soils or fluids, or protective equipment (hereinafter
"Affected Materials"), shall be considered out-of-scope and shall require a written change order request by CLIENT in accordance
with Article 2 of this Agreement wherein CLIENT provides a generator number, specifies its choice of transporter and treatment,
storage or disposal facility and completes documentation necessitated by these services. CLIENT understands that HBC is in no
way responsible for the proper disposition of the Affected Materials except as provided under this Agreement and CLIENT is
responsible for directing the disposition of the Affected Materials. In the event that test samples obtained during the Services
contaha substances hazardous to health, safety or the environment, or equipment used during the Services cannot be reasonably
decontaminated, CLIENT shall, if necessary, sign documentation required to ensure that this equipment and/or samples are
transported and disposed of properly. CLIENT agrees to pay HBC the fair market value of this equipment and reasonable disposal
costs.
12.2 In thc event CLIENT wishes for HBC to retain test samples beyond the final report date for thc Services, CLIENT shall provide
HBC with a written request stating the same. I-IBC shall invoice CLIENT only for those storage charges incurred for storage
beyond thirty (30) days after the report date for the Services.
ARTICLE 13 - ENTIRE AGREEMENT
13.1 This Agreement (including attached schedules) constitutes the sole and entire agreement between HBC and the CLIENT. This
agreement replaces and supersedes all prior discussions and agreements between the CLIENT and HBC with respect to the matters
contained herein.
By executing this agreement, HBC and CLIENT indicate their acceptance and agreement with its terms.
Client:
By:
Name:
Title:
Date:
Othon, Inc.
HBC Engineering, a Division of Terracon, Inc.
By:
Name:
Title:
Date:
C. Harold Cobb, P.E
Principal
Page 3 of 3
CONSTRUCTION
COSTS
OTHON
CITY OF PEARLAND
24-INCH TRUNK SEWER ON O'DAY BE'rVVEEN FM 518 AND OLIN DRIVE
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
ITEM DESCRIPTION
A. Site
1
2
3
4
5
Work ·
Mobilization (3%)
Traffic Control (4%)
Surface Restoration
Stormwater Pollution Prevention (2%)
Groundwater Control
B. Sanitary Sewer
1 Std. Sanitary Sewer Manhole
2 Extra Depth Sanitary Sewer Manhole
3 Trench Safety
4 24" Sanitary Swr. (all depths)
5 Auger 24" Sanitary Swr. (in 36" STL Casing)
6 Auger24" SanitarySwr.
7 Remove and Dispose Existing 8"/10" San. Swr.
8 Connection to Existing Manhole
.UNIT QUANTITY .UNIT COST TOTAL COST
LS 1 $25,000.00
LS 1 $32,000.0Q
SF 1,000 $1.25
LS 1 $11,000.00
LS 4,500 $20.00
Site Work Subtotal:
EA 9 $2,500.00
VF 65 $90.00
LF 4,500 $0.75
LF 4,500 $60.00
LF 225 $510.00
LF 350 $100.00
LF 3,900 $18.00
LS 1 $1,500.00
Sanitary Sewer Subto~l:
Subtotal Construction
20% Contingency
$25,000.00
$32,000.00
$1,250.00
$11,000.00
$90,000.00
$159,250.00
$22,500.00
$5,850.00
$3,375.00
$270,000.0O
$114,750.00
$35,000.00
$70,200.00
$1,500.00
$523,175.00
$682,425.00
$136,485.00
TOTAL $818,910.00
TOTAL OPINION OF PROBABLE CONSTRUCTION COSTS
$819,000.00
NOTE: DOES NOT INCLUDE REAL ESTATE COSTS, IF NEEDED
Page 1 of 1 Revised 4/20/03
ENGINEERING FEES
Estimated Construction Cost:
$ 767,310 (1)
Curve for Engineering Compensation
10.5% Modified Curve B
(1.) Excludes Traffic Contr°l and SWPPP, Refer to Construction Cost Estimate,
BASIC SERVICES:
Total Basic Services Design Fee:
80,200
35%
55%
10%
100%
Preliminary Engineering
Final Design and Bidding
Construction Administration
$ 28,070
$ 44,110
$ 8,02O
Total Basic Services: $
80,200
ADDITIONAL SERVICES:
Surveying (The Wilson Survey
Easement Preparation (The Wilson ! Group):
Geotechnical (HBC Engineering):
Traffic Control Plan:
Storm Water Pollution Plan (SWPPP):
TxDOT Coordination:
Williams Pipeline
(2.) See
(3.) A portion of these
(4.) See attached Level (
Includes a 10% Markup.
$ 14,740 (2)(3)
$ 10,120 (2) (3)
$ 13,255 (2)(3)
$ 4,385 (4)
$ 3,279 (4)
$ 1,000
$ 1,000
conducted for the Hickory Creek Subdivision Water and
this Section.
Sewer Project.
Mileage:
Printing:
5OO
2,200
Total Additional Expenses: $
50,479
TOTAL ENGINEERING FEE:
$ 130,679
Revised 04/03/03
~ ~-: ~ '~[ [ ~[~
.......... I/~ ~ ~ ~ ~ ~ ~ ~ ~ [ ~ ~_~ IPRoPoSEDCRosSING~
~ ~ ~
.... _ .... ?_., ~~J' ~f ':~
L~A OTHON~.~. --~
o~o~. ,.c., co.su~.~,.~.~ PROPOSED 24-INCH
CMl, Tm~rt~on, Environmentol, ~
~'' ~~" ~"'~ ~= TRUNK SEWER
CITY OF PEARLAND
24-INCH TRUNK SEWER ON O'DAY BETWEEN FM 518 AND OLIN DRIVE
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
ITEM DESCRIPTION
UNIT QUANTITY UNIT COST TOTAL COST
A. Site Work
1 Mobilization (3%)
2 Traffic Control (4%)
3 Surface Restoration
4 Stormwater Pollution Prevention (2%)
5 Groundwater Control
B. Sanitary Sewer
1 Std. Sanitary Sewer Manhole
2 Extra Depth Sanitary Sewer Manhole
3 Trench Safety
4 24" Sanitary Swr. (all depths)
5 Auger 24" Sanitary Swr. (in 36" STL Casing)
6 Auger 24" Sanitary Swr.
7 Remove and Dispose Existing 8"/10" San. Swr.
8 Connection to Existing Manhole
LS 1 $25,000.00
LS 1 $32,000.00
SF 1,000 $1.25
LS 1 $11,000.00
LS 4,500 $20.00
Site Work Subto~l:
EA 9 $2,500.00
VF 65 $90.00
LF 4,500 $0.75
LF 4,500 $60.00
LF 225 $510.00
LF 350 $100.00
LF 3,900 $18.00
LS 1 $1,500.00
Sanita~ Sewer Subtotal:
Subtotal Construction
20% Contingency
TOTAL
TOTAL OPINION OF PROBABLE CONSTRUCTION COSTS
$25,000.00
$32,000.00
$1,250.00
$11,000.00
$90,000.00
$159,250.00
$22,500.00
$5,850.00
$3,375.00
$270,000.00
$114,750.00
$35,000.00
$70,200.00
$1,500.00
$523,175.00
$682,425.00
$136,485.00
$818,910.00
$819,000.00
Page ! of I Revised 10/7/02