R2002-0066 04-22-02 RESOLUTION NO. R2002-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH CARTER-BURGESS, INC. FOR
ENGINEERING SERVICES ASSOCIATED WITH THE SHADOW CREEK
PARKWAY SEWER PROJECT, PHASE !!.
BE IT RESOLVE'D BYTHE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Contract by and between the City of Pearland and Carter-
Burgess, 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 the original of the attached Contract for and on behalf of
the City of Pearland.
PASSED, APPROVED and ADOPTED this tile
2002.
22 day of April
TOM REID
MAYOR
ATTEST:
/
~/b~ SE~ETARY
APPROVED AS TO FORM:
DAR--~Ri N M. -'-
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Carter & Burgess, 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: Provide necessary Engineering Services to assist the Client
with an extension to the design of the Shadow Creek Phase II Sewer Line Project.
Engineer/Subconsultant(s) Fee Basis of CompensatiOn
Carter & Burgess, Inc. $37,438.00 Lump Sum
TERRA-MAR, inc. $17,860.00 Lump Sum
Maximum Contract Amount' $55,298.00 Lump Sum
* 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.
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 (30~h) 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
3
or undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractore 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)
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 Governing 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 22 dayof April ,2002
CITY OF PEARLAND
By: ~
Printed Name: Bil 1 Eisen
Title: City Manager
ENGIN~E)
P rin-te-d Narn~:
Title: [,,,~ e
STATE OF TEXAS §
COUNTY OF '-~/--4_ z,, ,-7~.--- §
~_~ BEFORE ME, the undersigned Notary Public, on this day personally appeared
.'/I L~,'~-,.~ , 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
,xZ~/,~/,'' / 20 0 ~
A.D.,
PERLA N. LEHMAN .~
Notary Public, State of Texas
My Commission Expires:
APRIL2, 2005 ~
AND
SEAL OF OFFICE THIS ,=2~ DAY OF
OTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~.'"/"~- ~' ~'~"1/~"*-- ~'--
My Commission Expires: z/~,,2 -,,~ ~o~'
STATE OF TEXAS §
COUNTY OF /-/( ~ S §
~ BEFORE .ME, the undersigned Notary Public, on this day personally appeared
L~,d~r"~c~- 15Pr(~t4~'~ , known to me to be the pemon 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 AND SEAL OF OFFICE THIS ~ m~ DAY OF
~ , A.D., 20. O~.
..,,,,~?'~"~,~,,. ~1 ~ _ -
~ /~x~, 'u*~h '~NOTARY PUBLIC ~ AND FOR THE
~ , ~ : roTATE OFTE~S
. , ~2 ~, ~r, nted Name. FC P~~
~ h ~OF~" .' ~ · · ·
~ "-,~kt~,.' .~ My Commmmon Expires: ~ - ~ ~ ~ ~ ~
Contract for Engineering Services
For the
Shadow Creek Phase II Sanitary Sewer Project - Additional Line Work
Exhibit A - Engineer's Scope of Services and Compensation
B=
DEFINITION OF PROJECT
The City of Pearland (City or Client) has requested that Carter & Burgess, Inc.
(Engineer) provide a contract for Engineering services necessary to assist the
Client with an extension to the design of the Shadow Creek Phase II sewer line
project.
Carter & Burgess was contracted in September of 2000 to provide plans and
specifications for a sanitary sewer design with a construction value of $1,500,000
to be funded by the City's Texas Water Development Board (TWDB) State
Revolving Fund (SRF) loan. Due to conflicts between the timing of the TWDB
funding and the development schedule, this contract was modified by letter
agreement to allow a portion of the design preformed by Carter & Burgess to be
bid and the construction cost of approximately $500,000 to be paid for by the
Shadow Creek Development. After the design of this portion of the project, the
remainder of the project was put on hold until the City could coordinate with the
Shadow Creek Development to determine which additional lines would be funded
by the City's SRF loan to replace the lines bid and paid for by the developer in
order for the City to maintain a $1,500,000 project.
As a result, the City has requested that Carter & Burgess provide this contract
amendment to design an additional $500,000 in sanitary sewer improvements in
order for the City to have a Sanitary Sewer Construction project with a total
construction value of approximately $1,500,000 to be funded by the City's SRF
loan.
SCOPE OF SERVICES
Part 1 - Pre-Design Investigations
A. Topographical Survey And Right of Way Locations
This information is to be provided to Carter & Burgess by others.
B. Geotechnical Investigations
Additional geotechnical investigations and a modified geotechnical report
will be required as a result of the additional design work. Soil samples
will be taken approximately every 500 feet in areas where no soil samples
were previously taken. Sixteen (16) samples will be taken to a maximum
depth of 27 feet for a total drilling depth of 432 feet. This information will
be combined with previous soil samples to provide a comprehensive
geotechnical report for this project. See attached sub-consultant
agreement for additional information. GPS rental and mobilization is not
included as part of this contract.
Fm 518 West Sewer 04/12/2002 Page 1 of 4
Co
Dm
Contract for Engineering Services
For the
Shadow Creek Phase II Sanitary Sewer Project - Additional Line Work
Exhibit A - Engineer's Scope of Services and Compensation
The geotechnical engineer shall provide proposed x & y coordinates for
all proposed boring locations to the City of Pearland at least one week
prior the anticipated drilling date. The City shall stake the proposed
boring locations in the field within the given one week period, baring
weather related delays.
C. Environmental Information Document (ELD)
As a result of the additional work, the TWDB has indicated that they will
require a modified ElD in order to approve the funding for this project.
Carter & Burgess will complete a new ElD in accordance with TWDB
guidelines and submit all required copies to the TWDB for approval.
Attendance at public meetings or hearings is not included in the scope of
services. Coordination with the Army Corp of Engineers and coordination
of wetlands issues are also not included in the scope of services. This
information shall be provided to Carter & Burgess by others for
incorporation into the ElD.
Part 2 - Design Phase Engineering Services
Carter and Burgess will provide complete plans and specifications in accordance
with current City of Pearland standards and in accordance with the original
contract, except as modified herein, for the proposed sewer lines. Proposed
sewer line locations are shown on the attached exhibit B.
Part 3 - Construction Phase Services
There are no proposed modifications to the construction phase services.
DELIVERABLES
There are no proposed modifications to the deliverables.
BASIS OF COMPENSATION
Part 1 - Pre-Design Investigations
The geotechnical
engineering firm.
basis.
investigations are being subcontracted to a geotechnical
This item will be invoiced on a cost plus ten percent (10%)
Geotechnical Investigations and Report (Not to Exceed Budget) $17,860
The ElD will be prepared by Carter & Burgess and includes all reproduction
required for submittal to the TWDB and for supplying the City with (2) copies of
the document. Any additional copies will be invoiced as an additional service.
ElD $ 4,5O0
Fm 518 West Sewer 04/12/2002 Page 2 of 4
Contract for Engineering Services
For the
Shadow Creek Phase II Sanitary Sewer Project - Additional Line Work
Exhibit A- Engineer's Scope of Services and Compensation
Part 2 - Design Phase Engineering Services
Additional fees for design phase engineering services will be lump sum amounts
based upon a percentage of the estimated construction cost using City of
Houston fee curves as previously approved by the City of Pearland. The
proposed fee was determined as follows:
· Total Construction Cost of $1,500,000
· City of Houston Curve B indicates a design fee of 7.75% of the total
construction value
· Total Fee based on 100% of construction value would be $116,250
· Funding for only 1/3 of project or $500,000 is covered by this amendment
which would result in a total fee of $38,750 for both design and
construction services
· No additional funding is required for Construction Services which are
included in the 7.75%; therefore, reduce total fee by 15% to $32,938
Part 3 - Construction Phase Services
No additional funding is required for the construction phase services.
Rate Schedule for Additional Services
If additional services are authorized by the City without a set lump sum amount,
they will be invoiced on a time and materials basis using the following rate
schedule:
Carter & Burqess:
Position Hourly Rate
Project Director
Project Manager
Construction Manager
Project Engineer, PE
Project Designer or EIT
Environmental Scientist
Site Inspector
CADD Drafter
Engineering Aide/Clerical
Support Services
$130.00
$110.00
$110.00
$ 9O.OO
$ 75.00
$ 75.00
$ 65.00
$ 65.00
$ 55.00
$ 35.00
Fm 518 West Sewer 04/12/2002 Page 3 of 4
Contract for Engineering Services
For the
Shadow Creek Phase II Sanitary Sewer Project - Additional Line Work
Exhibit A - Engineer's Scope of Services and Compensation
Summary of Costs
Geotechnical Services - (Cost Plus)
ElD (LS)
Design Phase Services (Gravity Sewer) - (LS)
$17,860
$ 4,5oo
$32,938
Total Fee
$55,298
L:\0303\030331.010\PUBL~Additional Funding - Scope of Services.doc
Fm 518 West Sewer 04/12/2002 Page 4 of 4
'~ot B~? T~RRA-MAR,INC.;
Mr. Vernon Webb, P, E.
Carter Burgess
55 Waugh Drive, Suite 800
Houston, Texas 77007
71 346221 61;
Apr,-12-02 11:29;
1
Consulting Engineers · Geotechnical · Envilonmen~al
AUSTIN · DALLAS · fORT WO -
t
'I
I
.I
Phone: (713) 869-7900
Fax: (713) 869-5502
RE:
PROPOSAL
G EOTECHNICAL EVALUATION
PROPOSED SEWER SYSTEM
SHADOW CREEK PHASE II
PEARLAND, TEXAS
Dear Mr. Webb:
TERRA-MAR, Inc. (TMI) is pleased to submit the followi~
geotechnical study for the proposed Sewer System for
vic~inity of McHard Road/F.M. 2234 and FM 521) in P~
612, Grids F, G, H, K, L, Q and Page 613, Grid E). Thi.~
services, schedule, and estimated fee to provide a ge
this project.
Page 2
· Construction Mater/als Testing
HOUSTON ' LONGVIBW
Revised Proposal: P02-5094A-HE
April 12, 2002
,g revised proposal to perform a
lhadow Creek Phase II (in the
~rland, Texas (Key Map Page
proposal presents our scope of
3technical evaluation report for
PROJECT DE$CRIPTIO
The proposed utility lines will consist of the constructiol
(Almeda School Road) near its intersection with F. !~
Parkway/McHard Road) near its intersection with Kirby
streets within the proposed shadow creek ranch devel
shown on the black areas on the attached Map-l). It is~anticipated that the diameter of
the sewer lines will vary between 12 and 36 inches. T~e proposed flow line depth for
these lines.is estimated to not exceed 22 feet below the ~xisting ground surface.
PROJECT INFORMATIO
of sewer lines along C. R. 48
2234 (Shadow Creek Ranch
)rive and along several interior
~pment in Pearland, Texas (as
TMI has been provided with the following information fro
preparing the scope of services for the revised proposal:
· Site map showing the planned route of the se
· Sewer line diameters and flowline depths and
· Borings will be staked in the field by the Cit3
vertical controls (co-ordinates and elevations
n Carter Burgess to assist us in
~er lines,
of Peadand with horizontal and
~eet By: TE~RRA-MAR,TNC.; 7134622161; Apr-12-02 11:29; Page 3
Ca~ter Burgeu
55 Waugh Drive. Suite iV 800
Houston, TX 77007
Revised Proposal: P02-~,A-HE
April 01,2002
P~ge 2 af 4
In additionl we will use the boring data available fro 1 TMI's previous geotechnical
evaluation (TMI Project Nos, HE 01-004 & HE99-039, ~orings drilled as shown on the
attachments, MAP-2 and MAP-3, respectively) performed near and adjacent to the
proposed site, as appropriate. ~
PURPOSE
The purpose of the geotechnical exploration will be
conditions, in addition develop design criteria for the col
system.
SCOPE OF SERVICES
Field Investigation
Based upon the information received, We propose to e
ddlling and sampling 16 geotechnical Borings at the
attachment, MAP-l.
Approximately 1 boring per about 500 to 600 linear
accordance with the typical minimum number of borin
boring per 500 linear feet). The Boring depths are dst
proposed utilities' flowline. The total drilling footage is i
the borings are shown on the attached drawing anq
Psarlsnd with horizontal and vertical control (co-ordinatel
Soil samples will be obtained continuously to a depth of..
thereafter until boring termination. Granular soil sampii!
standard penetration test (SPT) using split spoon sam
soils will be sampled using a thin walled sampler (AS'IN.:
backfilled with soil cuffings after the completion of field ir
evaluate the subsurface soil
truction of the proposed sewer
:plore sul3surface conditions by
project site as shown on the
feet will be drilled/sampled in
IS recommended for utllitle~ (1
~rmlned by adding 5 feet to the
132. The proposed locations of
will be staked by the City of
and elevations),
[en feet, and on 5-foot intervals
g will be performed utilizing the
pier (ASTM D 1586). Cohesive
D 1587). The boreholee will be
vestigafion.
Laboratory Testing
Laboratory tests will be performed on selected soil san' p. les to develop the engineering
properties of the soil, These tests may include popket penetrometer, unconfined
compression (ASTM D 2168), in situ moisture content (,~STM D 2216), liquid and plastic
limits (ASTM D 4318), and percent material passing th~. No. 200 sieve (ASTM D 1140),
as appropriate. ]
Engineering Analyses and Report
The field and laboratory data will be evaluated to de
design and construction of the proposed utilities. TI
presented in an engineering report that will included the
1. Logs of boring, boring site plan, water level data an¢
2. Provide the boring logs with horizontal and vert
elevations) in AutoCAD file format.
3. Cross Sections showing the soil profile along the utili
lelop recommendations for the
e results of the study will be
following:
laboratory test results.
cai controls (co-ordinates and
ty lines.
By: TERRA-MAR,:]:NC.; 7134622161; Apr'-12-02 13:59; Page 2/2
Ca~ter B~rgess
55 Waugh Drive, Suite # I~00
HoUston, TX 77007
4. Recommendations for utility lines embedment, bacld
requirement, and temporary bracing and shoring req
OSHA.
5, Recommendations for trenchless utility construction.
6. Recommendations to reduce foreseeable construction
Five copies of the geotechnical report will be submitted, u]
LIMITATIONS
The proposed geotechnical investigation to be ¢onduct~
include apy envi.r..onmental samplin.q or identification
e-valuations contained in the final geotechnical report will
from a discrete number of soil test borings, accepted
professional judgement of TMI personnel.
SCHEDULING
Based on our current workload we anticipate that field el
within 2 business days subsequent to our receiving!
proceed, We anticipate that the field explorations will take
Revised proposal: P02-5094A-HE
Apri! 0t, 2002
Page 3 of 4
!, excavation and dewatering
Jirements in accordance with
)roblems.
ess otherwise requested.
d at the project site will no_t
~.f fault,s.. The results and
le based on samples obtained
ngineering practices, and the
plorations can be commenced
your formal authorization to
2 to 3 days assuming weather
conditions will permit, laboratory testing will require ab( ut 6 to 8 business days, and
n ~neenn anal sos and report preparation will require alpproximately $ business days.
e g' ' g Y . . ' ..... ,-~ ~. .... kmiH[d ~thin a~,proximately 3 to 4
onse uentl , we anticipate our report cou~u u~ ~,~, ,~ ,-
C q Y ' al a odzation to proceed The
weks, subse uent to recelwng your form ut~ :. .
e mendatio~s will be provided to the civil engineersl as they become available via
recom
written short summary of recommendations, verbal d=iscussions, and meetings as
required before the final geotechnical report is issued.
TOTAL FEE NOT TO EXCE
We propose to perform this geotechnical evaluation for a
provided the geotechnical borings were drilled/sampled'
will be submitted along with our final report and we roi
The fee outlined in this proposal will be valid for a pent
that time, adjustments may be required.
CLIENT RESPONSIBILITII
'[Mi requests that you provide the following information
activities:
· Formal authorization is required and may be pr~.
one copy of the attached Professional Services A
· Name and telephone number of a responsibl~
yourself.
· Any environmental, geologic, hydrological rep(:
study area, which you have access, Informati(
currently being undertaken.
iD
:oral fee not to exceed $t 6,234
planned above. Our invoice
uest payment within 30 days.
for 60 days. Subsequent to
.S
rior to the site visit and our site
ivided by signing and returning
ireement for our files.
client contact, if other than
previously prepared for the
n regarding any similar report
S~nt By: TERRA- tAR ~ ]~NC.; 71 346221 61; Apr- 1 2- 02 11: 30; Page 5
tartar Burgess
55 Waugh Drive, Suite # 800
Housten, TX 77007
· Plans, specifications, or architectural drawings f¢
subje;;t property.
· Any restrictions or limitations to, or requirement.'
to by TMi personnel.
· Any constraints regarding confidentiality of in
relation to the operations currently conducte¢
addition, specific direction should be given p~
concerns of other parties involved.
CLOSURE
Dudng the course of our studies we would be protecte
insurance and personal and public property damage liabl
We appreciate the opportunity to work with you ;
construction material testing services during the constru~
Should you have any questions concerning this pro;
provide, we will be pleased to discuss them with you.
Yours very truly,
TERRA-MAR, Inc.
Mohammed E. Haqua, E. I.
Project Manager
Enclosure:
Revised Proposal: P02-5094A-HE
April 01, 2002
Page 4 of 4
the structure proposed for the
for, site access to be adhered
0rmation provided by you or
at the subject property. In
;rtaining to the confidentiality
by Workman's Compensation
ity insurance,
nd look forward to providing
tion phase of this project.
)ssi or other services we can
Ahr~md (Adam) Sayah, P.E.
Gei echnical Department Manager
Pmjeot EsUmate
Proposal Acceptance Agreement
Professional Services General Terms And Condit~
MAP. f showing Proposed Bodng Locat/ons
MAP.2 and MAP-3 showing Previous Boring Lc)cai
Sent By: T~RR,A-UAR~[NC.; 7134622161; Apr-12-02 11:30; Page 6
TERRA-MAR
ATTACHMENT
PROJECT ESTIMATE - (NM to ~
GeM~chnical Investigation
proposed Sanitary 6ewer Systat
Shadow Creek Phase II
Peariand, TeXas
TMI PROPOSAL NO. PO2-5094A-HE ., ................................
!!;i;[;!;i;i;!~i;i;[;~;~;~*~;`:~;;~;;;;~;;;!;;;L~*!:h~!~!~!~;~t~;;~;~;~;;;~;~;:;:;~;~!~!~!~!~;~!:~:::~;:~*~; .................. : ....... ~':': .............
FIELD INVESTI~TION:
16 Borings ~ 2I [eet each
Total DHIJing Footage - 432
MobilizMk~demobtllzadon
Drilling/Sampling/Legging S1ZO0
Field Englr~r
Field Te~hniolan $4~.00
LABORATORY SERVICES
OFFICE SERVICES'
Senior (3egb~hrli~al Engineer, P,E.
ProJ~mt F..nglr~e~r
Dmfl~nan & Engineering Aide
$105,00
TOTAL
J:\he\propoeal\~ro-gg\P02$094A.XLSD025094A
~)
DATE: Aprt112, 2002
~mp sum 2
fou~ 432 $5,184,00
hour 4 $260.00
hour 10 $4~0.00
SUBTOTAL
SUBTOTAL $5,580,00
hour 5 ~2S,O0
hour 45 ~2oB25.00
hour 16 ~t0,00
TOTAL
SUBTOTAL $4,2e0.00
$1s~a4.ee
~OTTO EXCEED:
$16,;~14.00
~e'nt
B~/; TE, RRA-MAR,TNC.; 7134622161; Apr--12-02 11:30; Page 7
TERRA-MAR, INC. t_
PROFESSIONAL SERVICES * GENERAL TE ~,R~ AND CONDITIONS
GEOTECHNiCAL ENGINEERING IERVICE$
The General Terms and Conditions agreed to by the parties are as foil ~.c~s:
t. PARTIES: Terra-Mar, Inc. (hereinafter '"I'MI") refers to the cof~pany performing the scope of work described
herein and detailed in the TMI Proposal. "Client" refers to the person or b~ ,iness entity ordedng the scope of work to be
performed by TMI, If the Client is ordering work on behalf of another, Cli~ mt represents and warrants that it is the duly
authorized agent of the party that will benefit from the work. Unless o~ =~wise stated in writing, Client assumes sole
responsibility for the sufficiency of the work ordered. Client shall communic~ [e these General Terms and Conditions to any
third party to whom Client transmits any part of TMI's work. Alter exe~;ution ~the Proposal Acceptance Agreement to which
these General Terms and Conditions are attached and made a part thereto, MI shall have no duty or obligation to any Ihird
party greater than that set forth in these General Terms and Conditions.
2, SCOPE OF WORK: "Work" means the specific environmental ~eotachnical, analytical, testing or other service
to be performed by TMI as set forth in TMrs Proposal, previously referenced l~reln and made s part hereof.
3. TESTS AND INSPECTIONS: Client shall ensure that all tests aid inspections of the site, all materiels provided,
and work performed by others are delivered in a timely manner in a.cc~o. ~ance with the plans, specifications, contract
documents, and TMI's recommendations. No claims for loss, damage or inju y shall be brought against TMI by Client or any
third party unless all reviews, tests and inspections have been so performed and unless TMI's recommendations have been
followed. Client agrees to indemnify, defend and hold TMI, its officers, en~ )loyees and agents harmless from any and all
c, Jaima, suits, losses, costs and expenses, including but not limited to, court c ~$ts and reasonable attorney's fees in the event
that all such reviews, tests, and inspeotions are not so performed or TMI's roe 3mmendations ale not so followed except to the
extent that such failure is the result o1' the negligence, willful or wanton ct, or omission of TMi, its officers, agents or
employees.
4. SCHEDULING OF WORK= The services set forth in the Propo al will be accomplished in a timely, workmanlike
and professional manner by TMI personnel or authorized subcontractors. If' !MI is required to delay commencement of work
or if, upon undertaking work, TMI is required to halt work due to changes In I :~e scope of work, interruptions In other aspects
of the Project, or other causes beyond the reasonable control of TMi, addilior .al charges will be applicable and payable by the
Client.
6. ACCESS TO SITE: Client will provide access to the site 3r TMI to perform the work. TMI shall take
reasonable measures to minimize damage to the site and any improvementl as the result of its work; however, TMI has not
Included In tts fee the cost of restoration of damage which may occur. TMI 1 rill restore the site to Its former condition, upon
written request from Client that provides for payment to TMI for the cost there~ L
6. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless TMI: assumes In writing the responsibility of locating
subsurface or latent conditions, Client agrees to indemnify and save TMI h ~nnless from all claims, suits, losses, cost and
expenses, including reasonable attorney's fees as a result of personal in ury, death or property damage occurring with
respect to TMI's performance of Its work and arising from subsurface or later: conditions, or damage to subsurface or latent
objects, structures, lines or conduits where the actual presence and location f ,ereof was not revealed to TMI by Client.
?. CONFIDENTIAUTY: During the ProjeoL TMI and Its employs ~e may obtain, direotJy or indirectly, secret end
confidential Information considered proprietary by Client. TM! agrees, on bi qalf of itself and Its employee~, to maintain the
confidentiality of information formally designated as proprietary by the Clien unless directed by Client in writing to disolcee
the information to others.
8. RESPONSIBILITY: TMI's work shall not include determining el implementing the means, methods, techniques,
sequences or procedures of construction. TMI will not be responsible for ~valuating, reporting or affecting Jot) conditions
relative to the health, safety or welfare of any persons other than its own en i:}loyees. TMrs work or failure to perform same
shall not In any way excuse any contractor, subcontractor or supplier from ~erformance of ils work in accordance with the
Contract documents.
g. SAMPLE DISPOSAL: Unless otherwise agreed, test spectra, ,ns or samples will be disposed of immediately
upon completion of the test. AIl drilling samples or speclmens will be dlspe ;ed of sixty (60) days alter submission of TMI'$
reporL All archaeological samples will be returned to Client for permanent cul allen following submittal of TMrs final report.
t0. PAYMENT: Client shall be invoiced once each month for woi I performed during the preceding period. Client
agrees to pay each invoice within thirty (30) days of its receipt. Client furth~ agrees to pay Interest on all amounts invoiced
and not paid or objected to for vol d cause within said thirty (30) day period (~t the rate of eighteen percent (16%) per annum
(or the maximum interest rate permitted under applicable law, whichever is t.~e lesser) until paid. Client agrees to pay TMI's
cost of collection of all amounts due and unpaid after sixty (60) days, in¢lu~, lng court coats and reasonable aitomey's fees.
S'ent.By': TERF~A-MAR~TNC.; 7134622161; Apr'-12-02 11:30; Page 8/12
TERRA-NAR, INC.
Remedies available to TMI for collection of amounts due, including mechanic
provision or other agreement that ia not specifically made a part of this Agrees
tl. TERMINATION: This Agreement may be terminated by either
In the event of termination, TMI shall be compensated by Client for all service
data, including reimbursable expenses, and for the completion of such servio
files in order and/or to prelect Its professional reputation.
s liens, shall not be limited by any contractual
ant.
~ upon seven (7) days' pdor written notice.
performed up to and including the termination
end records as are necessary to place TMFs
12, WARRANTY: TMI's services will be performed, its findings el ,ained, and its reports prepared in accordance
with the Proposal which has bean mutually agreed upon es well as these Gt~neral Terms and Conditions. In performll~g its
professional services, TMI will strive to perform services under the. se Gener~ Terms and C..onditJona in a .ma. nner c. on. si~te...nt
with the level of cam and skil ordinarily exercised by members of the profi =salon currently practicing in me same lOCality
under similar conditions, This warranty is in lieu of all other warranties, eithi ir express or implied. Should TMI, or any of its
professional employees, be found to have been negligent in the performance !f professional services or to have breached the
express wananty made herein, Client and all third parties claiming through C
of TMI and its employees shall be limited to $50,000.00 or the amount of th
respect to the Project, whichever amount ia less, In the event that Client d
$50,000.00 or to the total amount of the fee paid to TMI with respect to the PI
the actual coat of the additional desired insurance coverage, if such insuranc~
t3, INSURANCE AND INDEMNITY: TMI agrees to carry the
Compensation and Employers' Liability, Comprehensive General Liability, an~
furnish certificates of insurance on request. To the extent of the coverag'
exclusions therein and the amount of the claims paid by such insurance, TN
from all Io~as, claims, demands, causes of action, anti suits arising out of'
agents, employees, or subcontractors, in performing professional services at
lent agree that the maximum aggregate liability
fee paid to TMI for professional services with
~ss not agree to restrict professional liability to
;act, whichever Is less, Client agrees to pay for
available.
illowing liability insurance: Statutory Workem'
Comprehensive Automobile Liability. TM! will
limits maintained by TMI and subjeci to the
agrees to indemnify ~nd hold Client harmless
~e willful or negligent acts of TMi, its offieem,
ha workslte. In furnishing and using equipment
:lient specifically requires addilionel Insurance
and materials at the worksita, or in traveling to and from the worksite, If,
coverage, TMI will obtain the specific insurance coverage (if procurable) at Client's expense. TMI does net indemnify Clianl
for damage arising out of Client's independent use of TMI data, advice, rec..om nendetions and reports.
t4. AGREEMENT TO ARBITRATE: All disputes related directly t~r indirectly to any aspect of this contract, work
related to this contract, or to any matter in this contractual relationship, shal~ be arbitrated pursuant to and by the American
Arbitration Association in Dallas, Texas. ~
14. PRIORITY OF DOCUMENTS: These General Terms and Cofdltlons, together with the Proposal A~x;eptan~e
Agreement and associated documents, shall control over any conflicting ,~ovisions within purchase orders, work orders,
letters of Intent, or other similar documents.
t6. APPLICABLE LAW= These General Terms and Conditions s ~all be governed by and ~onatrued ac, cording to
the laws of the State of Texas, The venue for all claims asserted under thee General Terms and Conditions shall be Dallas
County, Texas.
END OF DOCUMENT
S'ent By': TERRA-MAR,TNC.; 7134622161; Apr,-12-02 11:31; Page 9/12
Description of Services
Project Name:
Project Location:
TE~-MAR Proposal #:
APPROVAl. AND PAYM~'NT OF CHARGES. Fees will be billed to the
Attention:
Address:
PROPOSAL ACCEPTANCE ~GREEMENT
Geote..~hnical Evalu~tl.qn ....
P__m_posed Sewe.r $~tem "
~-~ado~ Creek Phase II P arland TexJ~
P02.5094A-HE (Cost, $16,234 for drilli'ta 432 feet. laborat0rv testing & final reoo~
account of, and invoices will be mailed
City: State: -..
Telephone: Fax:
By my signature below, I hereby warrant that I am duly authorized to e
which includes the Attachment(s) specified below, on behalf of the ab(
PROPOSAL ACCEPTED BY:
TITLE:
DATE ACCEPTED:
PAYMENT TERMS: Payable in accordance with the attached agreer~
issued every month for continuous or extended projects unless otherv
PROPERTY OWNER IDENTIFICATION (If other than above):
Name:
Address:
State:
City:
Telephone: Fax:
SPECIAL PROVISIONS:
Please note that TERRA-MAR reserves the right to withhold
receives a signed Proposal Acceptance Agreement or other w~
Acceptance Agreement with its Attachment (the Professional
indicated below) in its entirety. This Proposal Acceptanc~
Title:
Zip:
(acute this Proposal Acceptance Agreement,
named firm.
(Signature)
(Print Name)
ant(s), Invoices for completed wore< will be
Isa mutually agreed upon in writing.
Zip:
all reports until such time as TERI~A-MAR
[ten authorization referenoing this Proposal
Services * General Terms and Conditions
Agreement, together with TERI~A-MAR'S
Proposal, Unit Fee Schedule, and the attached General Terms and Conditions specified below, constitutes
the entire Agreement between the Client and TER,W~-MA~ ~nd supersedes all prior wriffen or verbal
understandings.
[] Environmental Engineering Services * General Terms ar~ Conditions
Geotechnical Engineering Services * General Terms an~Con, d. itio, ns
[] COnstruction Materials Engineering Laboratory Inspectio~ ana Mazerials lasting ~ervlGes
· General Terms and Conditions
[] Other (describe):
~ erin ~) netruction Materials Engtneenng end Teeing
~'en,t B~: TE, RRA-MAR~ZNC,;
Wai-~B-~OOi O~:Z~p~ Fro~CARTER & BURl;ESS
71 346221 61;
Apr'-12-02 11:31;
P,004/004
,!
Page 10/12
F-1TZ
~en.t ,l~y: TERRA-MAR, TNC.;
Ma(-ZS-ZOOZ' 05:25pm From-CARTER & BURGESS ·
71 346221 61;
71366g~
Apr'-12-02 11:31;
P.00Z/004
Page 11/12
F-1T2
~r-ZB,-ZOOZ 05
TERRA-MAR,'rNC,;
From-CARTER. & BURGESS
71 346221 61;
!1
713960~
Apr-12-02 11:32; Page 12/12
i~05 1'-680 p,003/004 F-I?Z