R2008-107 2008-08-04RESOLUTION NO. R2008-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE EXTENSION OF BUSINESS
CENTER DRIVE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering design services associated with
the extension of Business Center Drive, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for engineering services associated with the
extension of Business Center Drive.
PASSED, APPROVED and ADOPTED this the 4'h day of August, A.D., 2008.
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TO EID
MAYOR
ATTEST
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2008-107 File No. 08-0154
Freese & Nichols. Inc_
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on August 4, 2008 2008 by and between the
City of Pearland ("CITY") and Freese & Nichols, Ina (FNI) ("CONSULTANT").
The CITY engages the CONSULTANT to perform Engineering Services for the Business Center
Drive Extension Preliminary Engineering Report (Project #TR0811).
SECTION I -SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similaz circumstances:
A. The CONSULTANT shall provide a Preliminary Engineering Report for Business
Center Drive Extension (approximately 900' south of Broadway to CR59). The
CONSULTANT shall prepare and submit a detailed opinion of estimated cost of
the PROJECT.
B. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
C. The CONSULTANT shall submit all final construction documents in both hazd
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
D. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
E. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non-owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
F. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
G. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
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SECTION II -PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end in 150 days.
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a NTE. Total compensation for
the services performed shall be the sum of $137,968.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV -THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
SECTION V -TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at Freese and Nichols, Inc., 2010 East Broadway,
Peazland, Texas 77581-5502. Immediately after receiving such written notice, the
CONSULTANT shall discontinue providing the services under this CONTRACT.
-3-
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15`x' day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI -ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
-4-
SECTION VII -COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 4th day of August , 2008.
CITY OF PEARLAND, TEXAS
~~T ~~C C Z,
CONSULTANT
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EXHIBIT A
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: Freese and Nichols, Ino. (FNI) shall render the following professional services in
connection with the development of the Project designated as Preliminary Engineering Report for
Business Center Drive Extension (from approximately 900' south of Broadway to County Road 59):
A. Preliminary Engineering Report Services:
1. Coordinate and attend meetings with the OWNER and other agencies including County,
Brazoria Drainage District No. 4, State and Federal entities, as required, to establish scope
and requirements for the Project and discuss Project and solicit necessary information.
2. Study plats, R. O. W. maps, construction plans of the section of the roadway already
constructed to better define the scope of roadway extension to County Road (C. R.) 59.
3. Study other available reports such as Hydrology/Hydraulic, Geotechnical, Phase 1
EnvironxnentaUWetland, to ascertain if the proposed roadway extension corridor was
included in the above report's scope. From the study, define the adequacy or inadequacy of
the available information for this Project. If information is not available or inadequate for the
purpose of this extension, coordinate with OWNER to undertake these tasks.
4. Conduct a site visit to observe general topography of the roadway extension corridor and the
segment already constructed.
5. Based on the field surveying and OWNER's controlled aerial map, prepare a base map for the
Project.
6. Conduct a preliminary roadway alignment engineering from end of current roadway to C. R.
59. Conduct same task for the asphalt widening of C. R. 59 from the widened section near
State Highway (S. H.) 288 through a transition section to the west of the intersection.
7. Based on the preliminary alignment, prepare a simple 1" = 40' (H), 1" = 4' (V) scale
plan profile schematic layout fora 4-lane divided extension of Business Center Drive from
approximately 900' south of Broadway to C. R. 59, and for the widening of C. R. 59 as
defined under item 6, including tie-in to the subdivision entrance road. The plan profile
schematic layout will generally show the layout of the proposed roadways, general profile of
the ground and conceptive profile of the roadway, and typical roadway sections.
8. Study the current downstream drainage system and based on findings of H&H Study (see
Special Services Item 2), conduct preliminary roadway drainage design to :1) based on
roadway profile define sub-drainage areas along this roadway, 2) extend existing storm
sewer system further south, to C. R. 59, 3) define drainage scheme for the widening of C. R.
59 intersection. Design preliminary storm sewer box sizes for sub-drainage areas and provide
a general layout of this system in the plan/profile schematic described in Item 7, above.
"I'.OFF08041\PRLC\SCOpe of svcs.doc SC -1
FNI ~
OWNER
9. Based on abstracting conducted, define existing and proposed R. O. W. requirements for the
Project. In coordination with the Surveyor, identify the proposed parcel takings. Prepaze a
map showing this information. Parcel taking descriptions will not be prepared in this phase.
10. Study and identify utility conflicts and notify utility companies of the upcoming roadway
improvements.
11. Prepare preliminary quantities and Engineer's Opinion of Probable Construction Cost for the
Project which among other typical roadway and drainage improvements items, will include a
6' sidewalk on one side, 2' street light conduit, potential two (2) signal systems installations,
and landscape/irrigation budget, and signage/marking budget.
12. Prepare and submit two (2) copies of DRAFT Preliminary Engineering Report documenting
the above findings. The H&H, Geotechnical, Phase 1 Environmental Site Assessment
Reports will be submitted separately.
13. Upon receipt of OWNER's comments, revise Report and prepare written response to
OWNER's review comments and submit two (2) copies of Report for final review and
approval.
14. Submit five (5) copies of FINAL Preliminary Engineering Report when all comments are
addressed.
15. Attend monthly progress/update meetings.
B. Special Services:
FNI will conduct and prepaze a Traffic Signal Warrant Study for the intersections at C. R. 59
and Mall's east-west road. Scope of work will include site visit, coordination on data
collection, traffic signal warrant analysis for two (2) locations, Mall Road traffic projections,
task management and QC/QA, asub-consultant services for traffic data collection at two (2)
locations, and preparation of studies. Submit one (I) DRAFT copy of each Study for review
and comments. Upon receipt of comments, revise Study as necessary and prepaze written
response and submit one (1) copy of each Study for final review and approval. Upon
approval, submit three (3) copies of FINAL Study for each intersection.
2. FNI will conduct aHydrologic-Hydraulic (H&H) Study consisting of: 1) Delineation of on-
site and off-site contributing areas, 2) Computing design dischazges for 3, 10, and 100-year
events using HEC-HMS for existing and proposed conditions, 3) Determine preliminary size
of storm trunk sewers to collect runoff from the roadway, 4) Analyze the capacity of
downstream system to accept runoff from Business Center Drive Extension drainage system.
If capacity of downstream system is not adequate, develop one (1) alternate outfall route, 5)
Determine potential hydrologic impact of roadway construction, 6) Determine storage
volume (acre-feet) required to provide mitigation of increased runoff from roadway
development for 3-, 10-, and 100-year frequency events, 7) Identify a location adjacent to
roadway for proposed detention facility and perform rough grading to provide required
volume, 8) Determine preliminary outlet structure to determine flow to pre-development
conditions. One (1) copy of Draft H&H Report will be submitted for review and comments.
Upon receipt of comments, H&H Report will be revised and three (3) copies of Final H&H
Report will be submitted.
T:OFFO8001\PRLC\SCOpeofSvcs.doc .SC -2
FNI ~~
OWNER
3. Conduct (sub-consultant) the necessary Field Surveying and R. O. W. Abstracting to gather
and prepare the topographical mapping for the Project and define existing and proposed
parcel takings. See attached sub-consultant proposal and more detailed scope.
4. FNI will conduct a Phase 1 Environmental Site Assessment (ESA) for the project limits. This
Phase 1 and ESA will be conducted based on standard published by the ASTM under
Standard Guideline E1527-05, "Standard Practice for Environmental Site Assessment:
Phase 1 ESA Process". One (1) draft copy will be submitted for review and comments.
Upon receipt of comments, report will be revised and three (3) copies of FINAL REPORT
will be submitted.
5. Conduct (sub-consultant) a Geotechnical Study consisting of 5-20' soil borings on Business
Center Drive Extension, 2-10' soil borings on CR 59, and 4-I S' soil borings budgeted for the
potential detention site once selected. One (1) Draft copy of the Report will be submitted for
review and comments. Upon receipt of review comments, Report will be revised and one (1)
copy of Final Report will be submitted. See attached sub-consultant proposal and more
detailed scope.
6. Miscellaneous Preliminary Engineering Report related expenses such as mileage, printing,
binding, etc. Other tasks expenses as shown in detaiWreakdown will be invoiced as part of
that task item.
ARTICLE II
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services called for in Article I so as to deliver completed
DRAFT Preliminary Engineering Report within (90) calendar days thereafter from the receipt of Notice
to Proceed. Upon receipt of review comments from the City, deliver completed Final Report within 30
calendar days thereafter. Supplemental Reports will be submitted for review and completed within above
contract times.
If FNI's services are delayed or suspended in whole or in part by OWNER for more than 90 days through
no fault of FNI, FNI may be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE III
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not
to delay the services of FNI:
A. Designate a person to act as OWNER'S representative with respect to the services to be rendered
under this AGREEMENT. Such person shall have contract authority to transmit instructions,
receive information, interpret and define OWNER'S policies and decisions with respect to FNI's
services for the Project.
B. Provide all criteria and full information as to OWNER'S requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements.
T:OFF06041~PRLC\Scope of Svcs.doc Jl. -J
FNI ~_
OWNER
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports, surveys, maps, and any other data relative to the Project.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property
as required for FNI to perform services under the AGREEMENT.
ARTICLE IV
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative - (Trent Epperson, P. E., 3519 Liberty Drive, Pearland, Texas 77581,
(281) 652-1657)
FNI's Project Manager - (Mehran (Ron) Bavarian, P. E. 2010 East Broadway, Pearland, Texas 77581,
(281) 485-2404)
FNI's Accounting Representative - (Judy Blair, 2010 East Broadway, Pearland, Texas 77581, (281) 485-
2404)
T:OFF09041sPRLQScopeofSvcs.doc .SC -4
FNI .~-~,B
OWNER
ATTACHMENT CO
COMPENSATION
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis
of the Schedule of Charges but shall not exceed $137,968. The breakdown of charges is as
follows:
1. Preliminary Engineering Report (Cost Not to Exceed)
2. Signal Warrant Studies (Cost Not to Exceed)
3. Hydrology/Hydraulic Report (Cost Not to Exceed)
4. Field Surveying, Mapping, and Abstracting
(Cost + 10%)
5. Geotechnical Investigation (Cost+ 10%)
6. Phase 1 Environmental Study (Cost Not to Exceed)
7. Misc. P.E.R. Expense Budget (Cost + 10%)
TOTAL
$ 47,245
$ 13,610
$ 28,280
$ 31,653
$ 9,680
$ 6,000
1 500
$ 137,968
If FNI sees the Scope of Services changing so that additional services are needed other than those
listed in Scope of Services or more man-hours needed to study more alternate route options, FNI will
notify OWNER for OWNER's approval before proceeding. Additional services shall be computed
based on the Schedule of Charges. Statements for services shall not be submitted snore frequently
than monthly.
B. Schedule of Charees: (See Attached)
T--.OFF08041\PRLC\Compensation.doc CO - 1
FNI ~_
OWNER
Freese
[U1Cl ~ Engineers Environmental Scientists Architects
N1C~"IO~S, Inc.
2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 faz www.freese.com
SCHEDULE OF CHARGES
HOURLY
POSITION
RATE
PRINCIPAL OF FIRM $240
OFFICE MANAGER $190
SENIOR PROJECT MANAGER $165
PROJECT MANAGER $125
PROJECT ENGINEER $115
DESIGN ENGINEER $100
GIS TECH $ 65
SR. CAD DESIGNER $ 65
CADTECH $ 60
RESIDENT CONSTRUCTION INSPECTOR $ 75
CONTRACT/OPERATIONS ANALYST $ 80
WORD PROCESSING/SECRETARIAL $ 65
The ranges and individual salaries will be adjusted annually.
Plottin
Bond $ 2.50 per plot
Color $ 5.75 per plot
Vellum $ 5.00 per plot
Mylar $10.00 per plot
Mileage
$.64 per mile
Printin
BLuelines/Blacklines $0.73 per square foot
Offset and Xerox Copies
Black & White $0.10 per single sided copy
Black & White $0.20 per double sided copy
Color $0.50 per single sided copy
Color $1.00 per double sided copy
Binding $5.75 per book
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other
work required [o be done by independent persons other than staff members.
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ITEMIZED FEE CALCULATION AND EXPENSES
City of Pearland
Business Center Drive Extension HSScH Study
ITEM DISCIPLINE PAO.IECi DESIGN GIS OR WORD
N RASIC SERVICES LEADER MANAGER ENGINEER CADD PROCESSO TOTAL
5790 /Iu E112 /W S97 /hr E74 llu §60 /lu
HOURS HOVRS XOVRS HOVRS HOVRS HOVR6 COST
A DATA COLLECTION AND REVIEN
1 Internal Kickoff Meeting -Se[ up projec 1 2 1 4 E511
2 Pield Visit 1 8 9 $1,085
3 Obtain As-bunts, 2-R typo, aerial 2 4 6 $519
4 Set-up base ma$ 2 2 4 6 $713
5 Review previous studies and model 1 2 4 7 5801
Submml 3 16 7 8 0 34 $3,628
B HYDROLOGIC ANALYSIS
1 Delineate Drainage Area 2 B 10 5998
2 Calculate CN 1 d 5 5499
3 Calculate Tc 1 4 5 $499
4 Derive Design Storms 2 4 6 5611
5 Set-up and run HMS model 2 8 10 $998
6 Analyze results 4 4 8 E83§
7 Setup exhibits 2 4 8 ]4 §1,201
8 QA/QC 2 2 2 6 $797
Subtotal 2 16 38 8 0 64 36,439
C IIYDRAULIC ANALYSIS
1 Determine preliminary size of storm dmiv 4 8 12 E1,222
2 Analyze downstream system for capacity 4 8 12 §1,222
3 Determine alternative ou[fall loca[ior 2 4 8 14 Sl 602
Subtotal 2 12 24 0 0 38 54,046
D DETENTION ANALYSIS
1 Determine impact of roadway 2 4 6 §6I I
2 Determine initial storage estimate using Modred Aatrvnal q q $;g7
3 Prepare cvncepNa] pond grading m GIS 2 4 6 5611
4 Perform routing iv HMS 2 12 14 $1,385
5 Refine Outlet Structures 2 12 14 51,385
6 QA/QC 2 2 2 6 $797
Subtotal 2 10 38 0 0 50 35,177
E REPORT DEVELOPMENT
1 Prepare report tent 4 B 12 24 §1,942
2 Prepare other exhibits for report 2 4 8 14 $1,201
3 Copy, bind and deliver report to City 4 4 6 5627
4 Prepare CD with electronic files 3 3 6 $470
5 QA/QC 8 2 2 12 E1937
6 Meeting m submit report and discuss with OWNEI 9 51,710
Submtal 17 8 2I 8 19 64 E7,888
BASIC SERVICES TOTAL 26 62 128 24 19 250 $27,180
A PROJECT EXPENSES
1 Printing/Plotting Expenses $500
2 General Expenses 5500
Subtotal E1,000
EXPENSE TOTAL $1,100
PROJECT TOTAL $28,280
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Amani Engineering, Inc.
• Engineers • Surveyors • Construction Managers
July 25, 2008
Mr. Mehran (Ron) Bavarian, P.E.
Associate -Pearland Office Manager
Freese and Nichols, Inc.
2010 Broadway
Pearland, Texas 77581
Re: Business Center Drive Extension from CR 59 to Mall Road.
Fee Proposal for Topographic Route Survey -Revision 2.
Dear Mr. Bavarian:
Via E-mail and US Mail
Amani Engineering, Inc. (Amani) is pleased to submit this proposal to perform surveying services for
the above referenced project. The scope of work, fee and schedule will be as follows. This proposal
reflects the estitated footage for Topographic Survey based on your telephone conversation with Mr.
Vas Vellore, P.E. on July 10, 2008. The estimated survey footage for Business Center Drive is 5,000
linear feet and CR 59 is 950 linear feet. Total survey footage is approximately 5,950 linear feet.
1 Scope•
"I~o perform topographic survey for approximately 5,000 linear feet of Business Center Drive and
approximately 950 linear feet of CR 59 in accordance with the survey requirements of the City of
Pearland. This includes cross section elevation shots at maximum 100-foot intervals, pick up
existing topographical features like curb, ditch and utilities, and existing ROW monuments. We
will reduce the survey data in plan and profile using AutoCAD 2000 format. Scope also includes
abstraction of property title/plats to determine the ROW of Business Center Drive from CR 59 to
Mall Road. Scope does not include writing metes and bounds for any ROW taking.
II Deliverables:
The deliverables will include one copy of survey field books, ASCII file for all surveyed points,
plan and profile drawing file for each street in AutoCAD 2000 and a survey control map.
III Schedule•
The surveying services for this project will be completed in 30 calendar days from the date we
receive your written authorization.
IV Fee•
Our fee for topographic survey will be based on $4.50 per linear foot of 5,950 linear feet of route
surveyed for $26,775.00 and an additional $2,000.00 for abstracting property title/plats and
determination of existing ROW along Business Center Drive from CR 59 to Mall Road. We,
therefore, propose a total lump-sum fee, not to exceed $28,775.00 for our services.
V:1CatltlWmani EngglProposalslFreese & NicholstBUSiness Center-(Rev-2).doc
8313 Southwest Freeway, Suite 350 • Houston, Texas 77074 • Ph 713.270.5700 • Fax 713.271.3487
pkolluru@amaniengineering.com • www.amaniengineering.com
Freese and Nichols, Inc.
July 25, 2008
Page 2
We appreciate the opportunity to submit this proposal. If you have questions or need further
information, please do not hesitate to contact Vas Vellore, P.E. or me at (713) 270-5700.
Yours Sincerely,
For Amani Engineering, Inc.
~'a'1~~~'~-vw
. Prasad Kolluru, P.E.
President
HPK:MM
Enclosure: Aerial view of project site.
V:\CaddWmani Engg\Proposals\Freese & Nichols\ausiness Center-(Rev-2).doc
July 22, 2008
Mr. Mehran Bavarian, P.E.
Freese and Nichols, Inc.
2010 Broadway
Pearland, Texas 77581
Phone: (281) 485-2404
Fax: (281) 485-4322
Re: Cost Estimate for Geotechnical Engineering Services
Paving, Storm Sewer, and Detention Pond
Business Center Drive and County Road 59
Brazoria County, Texas
Terracon Document No. P91-G0151-08
Dear Mr. Bavarian:
1 ~~rracon
Consulting Engineers 8 Setanflsts
Terrewn Consultants, Inc.
551 Link Road, Suife F
Laague Clly, Texas 77573
Phone 281.557.2900
Fax 201.557.2990
www.terracon,wm
Terracon Consultants, Inc. (Terracon) understands we have been selected based on qualifications to
provide paving and storm sewer recommendations for the above referenced project. This letter
outlines our understanding of the scope of services to be performed by Terrecon for this project and
provides an estimate of the cost of our services.
A. PROJECT INFORMATION
This project involves the proposed construction of approximately 4,800 feet of new pavement along
Business Center Drive north of its intersection with County Road 59 in Brazoria County, Texas. We
understand the new roadway will be constructed using concrete pavement and will be a 4-lane
roadway- Based on the information provided, we understand that an existing earth berm with a
maximum height of about 5 feet is present along the alignment of the roadway and that a storm
sewer with a maximum depth of 8 feet below existing natural ground is planned to be constructed
within the roadway alignment. The berm is planned to be removed for the planned roadway
construction. In addition, we understand that an approximate 700-foot section of County Road 59 is
planned to be widened at its intersection with Business Center Drive. Information regarding the
existing asphalt thickness and proposed pavement section for the widening of County Road 59 is
requested at this time.
We understand an approximate 8-acre detention pond is also planned to be constructed as part of
this project. The detention pond will have a maximum depth of 8 feef with sideslopes no steeper
than 4 horizontal to 1 vertical. We understand the location of the proposed detention pond has not
been determined at this time.
Delivering Success for Clients and Employees Since 1965
More Than 95 Offices Nationwide
Freese and Nichols, Inc.
Terracon Document No. P91-G0151-08
July 22, 2008
Page 2
B. SCOPE OF SERVICES
lf~rracon
A brief summary of the services to be provided by Terracon is provided in the following paragraphs.
Field Program. As requested, the field exploration for Business Center Drive is planned to include
five borings drilled to depths of 20 feet within the proposed roadway alignment. The borings are
planned to be drilled on top of the existing berm. Two borings are planned to be drilled to depths of
10 feet along County Road 59 within the existing roadway at the location of the proposed widening.
Four borings are also planned to be drilled to depths of 15 feet within the proposed detention pond
area. The total drilling footage is planned to be 180 feet.
We understand the field program for the detention pond may be authorized and performed separate
from the field program for the paving and storm sewer portion of this project.
The drilling services for this project will be performed by a drilling subcontractor or Terracon's
in-house drillers. During drilling, soil samples will generally be collected utilizing either thin-walled
tube samplers or the Standard Penetration Test. Once the samples have beeh collected and
classified in the field, they will be properly prepared and placed in appropriate sample containers for
transport to our laboratory. The borings will be located by measuring distances and estimating
angles from existing reference points shown on drawings provided to us without the use of survey
equipment. Boring depths will be measured from existing grade. The borings will be backfilled with
soil cuttings at the completion of drilling.
Based on our discussigns with the client, we understand that the site is wooded but still accessible
to our drilling equipment. Therefore, clearing pathways for boring access will not be needed. We
plan to use All-Terrain Vehicle (ATV) mounted drilling equipment to access the boring locations at
this site. This cost estimate assumes that the site can be accessed during normal business hours
and does not include services associated with surveying of boring locations, location of underground
utilities, or use of special equipment for unusually soft or wet surface conditions. If such conditions
are known to exist at the site, Terracon should be notified so that we may adjust our scope of
services and estimated fees if necessary.
Terracon will notify Texas One-Call, a free utility locating service. Texas One-Call and its affiliates
will locate the public utilities within dedicated public easements. If underground utilities are known to
exist on the site, Terracon should be notified so that we may review utility plans to avoid the existing
lines. Terracon cannot be responsible for utilities for which we are unaware or that are incorrectly
located in the field.
We plan to use traffic control measures, including flagmen, to direct traffic around the drilling
operations on County Road 59. We anticipate having to close one lane of the roadway during drilling
on County Road 59.
Freese and Nichols, Inc.
Terracon Document No. P91-G0151-08
JUIy 22, 2008
Page 3
l~~rracon
Laboratory Testino. The sample classifications wiA be reviewed by a Geotechnical Engineer in the
laboratory, and a laboratory testing program will be assigned which will be specific to the project
requirements and the subsurtace conditions observed. The testing program could include, but may
not be limited to, moisture contents, unit dry weights, Atterberg Limits, compressive strength tests,
and grain size analyses.
Engineerino Reports. 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, two engineering reports will be prepared which include the results of the testing
performed and provide Logs of Borings and a boring layout. The reports will provide Geotechnical
Engineering recommendations which will address the following:
Report Engineering Recommendations
Paving and Storm Sewer Site and subgrade preparation;
• Groundwater control and excavations;
• Storm sewer construction considerations;
• Uplift and lateral earth pressures; and
• Pavement design and construction.
Detention Pond • Groundwater control; and
• Detention pond design and construction
Schedule. We can initiate outfield operations within five to ten working days following authorization
to proceed, if site access and weather conditions will permit. We anticipate completion of our
services and submittal of our final report within about three weeks after completion of our field
services. In situations where information is needed prior to submittal of our report, we can provide
verbal information or recommendations for specific project requirements directly after we have
completed our field and laboratory programs.
C. COMPENSATION
As requested, our cost estimates are based on the fact that the paving and storm sewer portions of
this project will be completed before the detention pond portion. For the scope of work outlined in
this cost estimate, we estimate the following total costs.
Paving and Storm Sewer Recommendations for
Business Center Drive and County Road 59 $5,400.00
Detention Pond Recommendations $3,400.00
Total Estimate $8,800.00
Freese and Nichols, Inc.
Terracon Document No. P91-G0151-D8
July 22, 2008
Page 4
l~~rracon
The cost of our services for this effort will not exceed these total estimates unless the scope of work
is modified with the approval of the client.
AddiSonal consultation {such as attendance on a protect meeting or conference call, engineering
analysis, review of project documents, etc.) requested will be performed on atime-and-materials
basis. A Project Engineer billing rate of $125 per hour would apply. The fee to provide additional
consultation services will be in excess of the above provided fee to complete the Geotechnical study
and would not be incurred without prior approval of the client.
D. CLOSURE
Environmental Considerations. In an effort to reduce the potential for cross-contamination of
subsurface media and exposure of site workers to contaminants that might be present at the site,
Terracon requests that prior to mobilization to the site, the Client informs Terracon of known or
suspected environmental conditions at or adjacent to the site. If adverse environmental conditions
are present, additional expenses may be necessary to properly protect site workers and abandon
borings that penetrate affected groundwater-bearing units. If an environmental assessment has not
been conducted at the site, Terracon can submit a cost estimate for the performance of a Phase I
Environmental Site Assessment (ESA).
If Terracon is not informed of potentially adverse environmental conditions prior to the initiation of
Geotechnical field services, Terracon will not be responsible for cross-contamination of groundwater
aquifers, soil contamination, orany modification to the environmental conditions to the site fhat may
occur during our Geotechnical services. The Geotechnical Scope of Services described above is
based on our assumption that the site does not pose environmental risks to the personnel
conducting the Geotechnical exploration services.
AareementforServices_ Wehaveincludedacopyofour"AgreementforServices." If you agree to
the conditions set forth in this document, please sign and return a copy of the accompanying
Agreement for Services and an Access Agreement, if applicable, to our office. If you have any
questions regarding the terms and conditions in the agreement, or any other aspect of this
document, please feel free to contact us.
Freese and Nichols, Inc.
Terracon Document No. P91-G0161-OS
July 22, 2008
Page 5
lt~rracon
We appreciate the opportunity to provide this cost estimate and look forward to the opportunity of
working with you.
Sincerely,
Terracon Consultants, Inc.
Z3~~-.~- n9m~.
Brandon Smith, E.I.T.
Geotechnical Engineer
/''`~ ~
Anwar . AS" khtar, .E.
Senior Protect Manager
Noosh . Smith, P.E
League City Office Manager
Attachment: Agreement for Services
~ TJ
IILI 1 trJLYI l
AGREEMENT FOR SERVICES
This AGREEMENT Is between Freese & Nichols. Inc. (°Client°) and Terracon Consultants, Inc. ("Consultant') for Services to be provided by
Consultant for Client on the Pavirrc. Storm Sevrer and Detention Pond for Business Center Drive and Coun[v Road 59 project ("Project), as described
in the ProJeU Information section of Consultant's Proposal dated Julv 22. 2008 (°Proposal") unless the Project is otherwise described in Exhibit A to
this Agreement (which section or Exhibit is incorporated Into this Agreement).
i. Scope of Services. Tha scope of Consultant's seMces is desatbed In the Scope of Services section of the Proposal (°Services'), unless
Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incrrporated into this Agreement). Portions of the
Services may ba subwntracted. Consultant's SeMoes do not include the Investigation or detection of, nor do recommendations In Consultant's
reports address the presence or prevention of biological pollutants (a.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety
issues, such as vulnerability to natural disasters, terrorism, or violence. if Services include purchase of software, Client will exewte a separate
software license agreement. Consultants Ondings, opinions, and recommendations are based solely upon data and information obtained 6y and
furNshed to Consultant at the Ume of the Services.
2. Acceptance. Gient agrees that execution of this Agreement Is a material element of the consideration Consultant requires to execute the
SeMCes, and if Services are iNUated by Consultant prior to execution of this Agreement as an accommodation for Client at CIIenYs request, both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and cendi0ons of this Agreement. Additional
terms and conditions may be added or changed only by written amendment to Utis Agreement signed by both parties. In the event Gient uses a
purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting temrs it contains are sUicken. This Agreement shall not 6e assigned by either party without prior written consent of the other party.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement {or supplemental proposal) of the change setting forth an adjustment to the SeMces and
fees for the requested changes. Following Clients review. Client shall provide written acceptance. If Client does not follow these procedures, but
Instead directs, authorizes. or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consutlant
will be paid for this work according to the fees stated or ifs current fee schedule. If protect cendiUOns change materially from those observed at
the life or described to Consutant of the time of proposal, Consultant Is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay cempensatlon for the Services pertormetl at the fees stated In the Compensation
section of the Proposal unless fees are otherwise stated In Exhibit C to Ihis Agreement (which section.or Exhibit is incorporated into this
Agreement). tf not stated in eitlrer, fees will be according to Consultant's current tae schedule. Fee schedules era valid for the calendar year In
which they are Issued. Coruulfant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in
writing, at the adtlress bebw, within 15 days of the date of the invoice If Client objects to any portion of the charges on the Invoice, and shall
promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed 6y law, for all
unpaid amounts 30 days or rider. Client agrees to pay all collectlon-related costs [hat Consultant incurs, Incuding attorney fees. Consultant may
suspend Services for lack of timety payment.
5. Third Party Reliance. This Agreement antl the Services provided are for Consultant and Client's sole beneft and exclusive use wish no third
party 6eneUGartes intended, Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a
limited Ume period not to exceed three months from the date of the report, Consultant will Issue additional reports to others agreed upon with
Client, however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and
Consultant receives the agreed-upon reliance fee.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE FULLEST EXTENT PERMfTTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE 13 LIMITED TO
THE GREATER OF $50,000 OR ffS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY
TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'3 COMMERCIAL GENERAL LIABILITY POLICY.
7. IndemnEty/Statute of Limitations. Consultant and Client shall defend, Indemnify, and hold harmless the other, their agents, and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors, or omissions. In the event such daims, losses, damages, or expenses are caused by the
joint or concurrent negligence of Consultant and Client, they shall 6e borne 6y each party in proportion to Its own negligence under comparative
fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s) or the theory of liability, Including
negligence, IndamNty ar other recovery shall be deemed to have accrued antl the applicable statute of limitations shall commence to run not later
than the date of Consultant's substantial completion of services on the project
8. Warranty. Consultant vrill perform the SeMces In a manner consistent with that level of care and skill ordinarily exercised 6y members of the
profession currently pracUdng under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR
WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, antl will continue to carry: (I) workers' compensation insurance in accordance with the
laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability Insurance
($1,000,000); (il) cemmerdal general liability insurance ($t,00D,000 occ / $2,000,000 egg); (III) automobile liability insurance ($1,000,000 B.1. and
P.D. combined single limit); and (N) professional liability Insurance ($1,000,000 Gaim /egg). Certificates of Insurance will be provided upon
request Client and Consultant shall valve subrogation against the other party on all general liability and property coverage.
Agreement Reference Number (Terracon Proposal or Projed Number):P9t-G0151-08
~~
n~rr~~on
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS
OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR 9ERVICE3; COST OF CAPITAL;
OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless
and unto Client has obtained the written opinion from a registered, Independent, and reputable engineer, architect, or geologist that ConsWtant
has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the
parties shall endeavor t^ resolve Iha dispute within 30 days, after which Client may pursue its remedies of law. This Agreement shall be governed
by and construed according to Kansas law.
12. Subsurface Explorations. Subsurface condifi^ns throughout the site may vary from those depicted on logs of discrete borings, test pits, or
other exploratory services. Client understands Consultant's layout of boring and test locations Is approximate and that Consultant may deviate a
reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when pertorming Services;
however, Client accepts that invasive serWces such as ddlling or sampling may damage or alter the site. Site restorafion is not provided unless
specifically included in the Services.
13. Testing and Observations. Cllent understands that testing and observatlon are discrete sampling procedures, and that such procedures
Indicate conditions only at the depths, locatlons, and times the procedures were pertortned. Consultant will provide test results and opinions
based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce -not eliminate - proJed risk. Client agrees to the level or amount of testing performed and the associated risk. Client
is responsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can pertorm these Services. Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's
pertortnance of testing and observatlon services shall not relieve contractor in any way from Its responsibility for defects discovered in Its work, or
create a warranty or guarantee. Consultant will not superNse or direct the work performed by contractor or its subcontradors and is not
responsible for their means and methods.
14. Sample Disposition, Attested Materials, and Indemnity. Samples are consumed In testing or disposed of upon completion of tests
(unless stated otherwise in the Services). Cllent shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identity, locaton. quantity, nature, ar charactadsfic of any hazardous waste. toxic, radioadive, or
contaminated matertals ('Affeded Materials") at or near the site, and shall Immediately transmit new, updated, or revisetl information as it
becomes available. Client agrees that Consultant Is not responsible for the dispositlon of Affected Material unless spedfically provided in the
Services, and that Client Is responsible for directing such dispositlon. In the event that test samples obtained durng the performance of Services
(i) contain substances hazardous to health, safety, or the environment, or (li) equipment used during the Services cannot reasonably be
decontaminated, Client shall sign documentation (if necessary) required to ensure the equipment andJor samples are transported and disposed of
properly, and agrees to pay Consultant [he fair market value of this equipment and reasonable disposal costs. In no avant shall Consultant be
required to sign a hazardous waste manifest or take title to any Affected Matedals. Client shall have the obligation to make al! spill or release
notifications to appropriate governmental agendas. The Criant agrees that ConsWtant neither created nor contributed to the creation or existence of
any Affected Matedals mnditrons at the stte. Accordingly, Client waives any dalm against Consultant and agrees to indemnify and save Consultant, its
agents, empbyees, and related companies harmless from any claim, liability or defense cost, including attorney and expert fees, for Injury or krss
sustained by arty party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder, or Tor any claims
against Consultant as a generator, disposer, or arranger of Affected Materials under federal, slate, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, n^tes, or calculations, preparetl by ConsulTant shall remain
ConsWtant's property. Proprietary concepts, systems, and ideas tleveloped tludng performance of the Services shall remain the sole properly of
Consultant. Files shall be maintained in general accordance with Consultant's document retention polities and practices.
16. Utilities. Client shall provide the location and/or arrange for the marking of pmvate utllltles and subterranean structures. Consultant shall take
reasonable prewutlons to avoid damage or injury to subteranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, induding by a ufllity locate service, or
are Incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Cllent shalt secure all necessary site related approvals, permits, licenses, and consents necessary to commence
and complete the Services and will execute any necessary site access agreement. Consultant v~ill be responsible far supervision and site safety
measures Tor its own employees, but shall not be responsible far the supervision or health and safety precautions for any other parties, Including
Client, Client's contradors, subcontractors, or other parties present at the site.
1 S. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid
costs Incurred and fees earned to the sate of termination plus reasonable costs of dosing the project.
Consultant rr n ft t , nc.
SY• Date: ~ a D
NameTtle: Noosha P. Smith, P.E./Office Manager
Address: 551 Link Road, Suite F
League City, Texas 77573
Phone: 281.557.2900 Fax: 281.557.299D
client: City„gf~earla~ld
BY~ ~.t,rr--~ Date:
Name/T le: iTl-Ei sen;-C-icy Man_~~-ern/zn08
Adders: 3519 Liberty rive
Pearl and TX 77581
Phone: 9R1 -657-1.600 Few 281-652-1719
Agreement Reference Number (Temacon Proposal or Protect Number):P91-G0251-08