R2003-0108 08-11-03 RESOLUTION NO. R2003-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH CARTER-BURGESS,
INC. FOR ENGINEERING DESIGN AND SURVEYING SERVICES
ASSOCIATED WITH THE SHARONDALE SEWER PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and 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 a contract with Carter-Burgess, Inc. for engineering
services associated with the Sharondale Sewer Project.
PASSED, APPROVED and ADOPTED this the 11th dayof August ,
A.D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
MAYOR
Exhibit "A"
Resolution No. R2003-108
CONTRACT
PROFESSIONAL ENGINEERING SERVICES
PART I - AGREEMENT
THIS AGREEMENT, entered into this 11th day of August ,2003 by and
between the CITY OF PEARLAND, hereinafter called the "City", acting herein by the Mayor, and
Carter & Burgess, Inc., hereinafter called "Engineer", acting herein by a duly authorized officer.
WITNESSETH THAT:
WHEREAS, the City desires to undertake a construction project funded by Brazoria County under
their Community Development Block Grant Program; and whereas the City desires to engage an
Engineer to render certain services in connection with this construction project;
NOW THEREFORE, the parties do mutually agree as follows:
(1) Scope of Services -"Part II - Scope of Services", is hereby incorporated by reference into this
Agreement.
(2_~ Time of Performance The services of the Engineer shall commence on
/...~D-~joo! c~"7 , 2003. In any event, all of the services required and performed
hereunder shall be completed no later than March 31, 2004.
(3) Access to Information - It is agreed that all information, data, reports and records and maps
as are existing, available and necessary for the carrying out of the work outlined above shall be
furnished to the Engineer by the City. No charge will be made to the Engineer for such information
and the City will cooperate with the Engineer in every way possible to facilitate the performance of
the work described in the contract.
(4) Compensation and Method of Payment - The maximum amount of compensation and
reimbursement to be paid hereunder shall not exceed $52,644. Payment to the Engineer shall be
based on satisfactory completion of identified milestones in "Part III Payment Schedule" of this
Contract.
(5) Indemnification - The Engineer shall comply with the requirements of all applicable laws, rules
and regulations, and shall exonerate, indemnify, and hold harmless the City and its agency
members from and against them, and shall assume full responsibility for payments of Federal,
State and local taxes on contributions imposed or required under the Social Security, worker's
compensation, and income tax laws.
(6) Miscellaneous Provisions
(a) This Agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Brazoria
County, Texas.
(b) This Agreement shall be binding upon and insure to the benefit of the parties hereto and
their respective heirs, executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
(c) In any case one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provision thereof and this Agreement shall not be
Page 1 of 11
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
(d) If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and
necessary disbursements in addition to any other relief to which such party may be entitled.
(e) This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
7. Terms and Conditions - This Agreement is subject to the provisions titled, "Part IV - Terms and
Conditions" and attached hereto and incorporated by reference herein
CITY OF PEARLA~D
by: '/~'~er)
IN WITNESSETH HEREOF, the parties have hereunto set their hands and seals.
Page 2 of 11
PART I1~ SCOPE OF SERVICES
The Engineer shall render the following professional services necessary for the construction of the
proposed project:
SCOPE OFSERVICES
1. Attend preliminary conferences with the City regarding the requirements of the project.
2. It has been indicated that the publicly owned portion of the proposed project will occur
within existin.q city owned Riqht-of-Way (ROW). The En.qineer shall determine necessity for
any acquisition of any additional real property/easements/ROWs for the Brazoria County
Community Development Block Grant project and, if applicable, furnish to the City as an
additional service:
(a) Name and address of property owners;
(b) Legal description of parcels to be acquired;
(c) Map showing entire tract with designation of part to be acquired.
3. Make any necessary surveys of existing rights-of-way, topography, utilities, or other field data
required for proper design of the project. Provide consultation and advice as to the necessity of
the City providing or obtaining other services such as auger borings, core borings, soil tests, or
other subsurface explorations; laboratory testing and inspecting of samples or materials; other
special consultations. The Engineer will review any tests required and act as the City's
representative in connection with any such services.
4. Prepare railroad/highway permits. It is not anticipated that these will be required on this
project.
5. Prepare a preliminary engineering study and report on the project in sufficient detail to indicate
clearly the problems involved and the alternate solutions available to the City, to include
preliminary layouts, sketches and cost estimates for the project, and to set forth clearly the
Engineer's recommendations; to be completed within days of contract execution.
6. Furnish the City with five (5) copies of the preliminary report, if applicable (additional copies will
be furnished to the City at direct cost of reproduction);
7. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and
obtain clearance.
8. Prepare bid packet/contract documents/advertisement for bids.
9. Obtain wage rate decision and modifications and incorporate them into the bid and contract
documents.
10. Verify prevailing wage decision issued by the U. S. Department of Housing and Urban
Development Labor Standards Office within 10 days of bid opening.
11. Conduct bid opening and prepare minutes.
12. Tabulate, analyze and review bids for completeness and accuracy.
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13. Verify eligibility of prime contractor and subcontractors.
14. Conduct pre-construction conference and prepare copy of report/minutes of meeting.
15. Issue Start of Construction Notice to U. S. Department of Housing and Development and
Notice to Proceed to construction contractor.
16. Provide in all proposed construction contracts deductive alternatives where feasible, so that
should the lowest responsive base bid for construction exceed the funds available, deductive
alternatives can be taken to reduce the bid price.
17. Design for access by persons with disabilities to facilities to be used by the public in
accordance with Public Law 504.
18. Use forms for instructions to bidders, general conditions, contract, bid bond, performance
bond, and payment bond provided by Brazoria County for such project.
19. Make periodic visits to the site to observe the progress and quality of the work, and to
determine in general if the work is proceeding in accordance with the Contract.
20. Perform employee interviews on forms provided by Brazoria County for such project.
21. Consult with and advise the City during construction; issue to contractors all instructions
requested by the City; and prepare routine change orders if required, at no charge for engineering
services to the City when the change order is required to correct errors or omissions by the
Engineer; provide price analysis for change orders; process and submit change orders to the City
and Brazoria County for approval prior to execution by City.
22. Review shop and working drawings furnished by contractors for compliance with design
concept and with information given in contract documents (contractors will be responsible for
dimensions to be confirmed and correlated at job site).
23. Based on the Engineer's on-site observations and review of the contractor's applications for
payment, determine the amount owing to the contractor in such amounts; such approvals of
payment to constitute a representation to the City, based on such observations and review, that
the work has progressed to the point indicated and that the quality of work is in accordance with
the plans, specifications and contract documents.
24. Require that a 10% retainage is withheld from all payments on construction contracts until final
acceptance by the City and approval by Brazoria County, unless State, Federal, or local law
provides otherwise.
25. Conduct interim and final inspections.
26. Prepare Certificate of Construction Completion for the project when fully completed.
27. Revise contract drawings to show the work as actually constructed, and furnish the City with a
set of "as built" plans.
28. Provide material testinq services durinq the construction of the project.
29. One time correspondence to local property owners identifyin.q the proiect alonq with
the requirements and conditions for connection to the sanitary sewer line.
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SUBCONTRACTS
1. No work under this Contract shall be subcontracted by Engineer without prior approval, in
writing, from the City.
2. The Engineer shall, prior to proceeding with the work, notify City in writing of the name of any
subcontractors proposed for the work, including the extent and character of the work to be done
by each.
3. If any time during progress of the work, the City determines that any subcontractor is
incompetent or undesirable, the City will notify the Engineer who shall take reasonable and
immediate steps to satisfactorily cure the problem, substitute performance, or cancel such
subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in this Contract shall create any contractual relation between any subcontractor and
City.
4. The Engineer will include in all contracts and subcontracts of amounts in excess of $100,000 a
provision which requires compliance with all applicable standards, orders or requirements issued
under Section 306 of the Clean Air Act [42 U.S. 1857 (h)l, Section 508 of the Clean Water Act (33
U.S.C.1368d), Executive Order 11738, and Environmental Protection Agency regulations (40
C.F.R., Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of
facilities included on the EPA List of Violating Facilities. The provisions shall require reporting of
violations to the U. S. Department of Housing and Urban Development and to the U. S.
Environmental Protection Agency Assistant Administrator for Enforcement.
5. The Engineer will include in all contracts and subcontracts other than for small purchases (less
than $15,000), provisions or conditions which will allow for administrative, contractual or legal
remedies in instances which violate or breach contract terms, and provide for such sanctions and
penalties as may be appropriate.
6. The Engineer will-include in all contracts and subcontracts in excess of $15,000 suitable
provisions for termination by the City including the manner by which it will be affected and the
basis for settlement. In addition, such contracts shall describe conditions under which the contract
may be terminated for default as well as conditions where the contract may be terminated
because of circumstances beyond the control of the Engineer.
7. The Engineer will include in all contracts and subcontracts provisions requiring compliance with
the following:
(a) Title VI and VII of the Civil Rights Act of 1964 as amended.
(b) Section 109 of the Housing and Community Development Act of 1974 as amended.
(c) Age Discrimination in Employment Act of 1967 as amended, the Age Discrimination Act of
1975 as amended, and Executive Order 11141.
(d) Section 504 of the Rehabilitation Act as amended.
(e) Vietnam Era Veterans Readjustment Assistance Act of 1974 as amended.
(f) Section 3 of the Housing and Urban Development Act of 1969. (Applicable only to
contracts in excess of $200,000 in Community Development Block Grant Funds)
(g) Title VI of the Civil Rights Act of 1964.
Page 5 of 11
8. The Engineer will include in all negotiated.contracts and subcontracts a provision which
indicates that funds will not be awarded under this Contract to any party which is debarred,
suspended, or otherwise excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549 and 24 C.F.R Part 24. A certification shall be provided
and received from each proposed subcontractor under this contract and its principals.
9. The Engineer will include in all negotiated contracts and subcontracts a provision to the effect
that the City, Brazoria County, the U.S. Department of Housing and Urban Development, or any of
their duly authorized representatives, shall have access to any books, documents, papers and
records of the Contractor which are directly pertinent to that specific contract, for the purpose of
making audit, examination, excerpts, and transcriptions.
10. The Engineer will include in all contracts and subcontracts a requirement that the Contractor
maintain all relevant project records for five (5) years after the City has made final payment to the
Contractor and all other pending matters are closed.
STANDARD OF PERFORMANCE AND DEFICIENCIES
1. All services of the Engineer and its independent professional associates, consultants and
subcontractors will be performed in a professional, reasonable and prudent manner in accordance
with generally accepted professional practice. The Engineer represents that it has the required
skills and capacity to perform work and services to be provided under this Contract.
2. The Engineer represents that services provided under this Contract shall be performed within
the limits prescribed by the City in a manner consistent with that level of care and skill ordinarily
exercised by other professional consultants under similar circumstances.
3. Any deficiency in Engineer's work and services performed under this Contract shall be subject
to the provisions of applicable state and federal law. Any deficiency discovered shall be corrected
upon notice from City and at the Engineer's expense if the deficiency is due to Engineer's
negligence. The City shall notify the Engineer in writing of any such deficiency and provide an
opportunity for mutual investigation and resolution of the problem prior to pursuit of any judicial
remedy. In any case, this provision shall in no way limit the judicial remedies available to the City
under applicable state or federal law.
4. The Engineer agrees to and shall hold harmless the City, its officers, employees, and agents
from all claims and liability of whatsoever kind or character due to or arising solely out of the
negligent acts or omissions of the Engineer, its officers, agents, employees, subcontractors, and
others acting for or under the direction of the Engineer doing the work herein contracted for or by
or in consequence of any negligence in the performance of this Contract, or by or on account of
any omission in the performance of this Contract.
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PART III - PAYMENT SCHEDULE
The City shall reimburse the Engineer for basic engineering services provided upon completion of
the following project milestones per the following percentages of the maximum contract amount:
1) Approval of Preliminary Engineering Plans and Specifications by City. $7,740.00 (26.2%)
2) Approval of Plans and Specifications by Regulatory Agency(ies) $7,740.00 (26.2%)
3) Completion of bid advertisement and contract award. $3,480.00 (11.7%)
4) Completion of construction staking. $1,045.00 (3.5%)
5) Completion of Final Inspections, submittal of
As-Built plans to City, and acceptance by the City. $9,580.00 (32.4%)
Total ~29,585.00 (100%)
SPECIAL SERVICES
v~. ......................................... g hour ..............
~ ........ ~.~,,~abl
o,,,,~o,,,,,,,~ Su,%'eyor $
~ ..... y r. ..... /o person) $
v~, .~.y v,~,, \v I..,~,J/ --
CADD Operator $__
Project
~""~ ....~"" Technician
I=nnin~r
~,,~ ......... Training
Draftsman
Special services shall be reimbursed based on actual salaries times a multiplier of 3.0 for
direct labor and actual cost times a multiplier of 1.1 for expenses and sub-consultants.
The fee for all other Special Services shall not exceed a total of ~;5,030.00. The payment for these
Special Services shall be paid as a lump sum, per the following schedule:
1. The Engineer shall be paid upon completion of surveying, necessary field data, and acquisition
data, if applicable, the sum of $8,877.00.
2. The Engineer shall be reimbursed the actual costs of necessary testing based on itemized
billing statements from the independent testing laboratory, plus a percent (10%) overhead charge.
All fees for testing shall not exceed a total of $9,152.00.
3. The payment requests shall be prepared by the Engineer and be accompanied by such
supporting data to substantiate the amounts r. equested.
4. Any work performed by the Engineer prior to the execution of this contract is at the Engineer's
sole risk and expense.
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PART IV - TERMS AND CONDITIONS
1. Termination of Contract for Cause. If, through any cause, the Engineer shall fail to fulfill in a
timely and proper manner his/her obligations under this Contract, or if the Engineer shall violate
any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have
the right to terminate this Contract by giving written notice to the Engineer of such termination and
specifying the effective date thereof, at least five days before the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs and reports prepared by the Engineer under this Contract shall, at the
option of the City, become its property and the Engineer shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Engineer shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Contract by the Engineer, and the City may
withhold any payments to the Engineer for the purpose of set-off until such time as the exact
amount of damages due the City from the Engineer is determined.
2. Termination for Convenience of the City. The City may terminate this Contract at any time by
giving at least ten (10) days notice in writing to the Engineer. If the Contract is terminated by the
City as provided herein, the Engineer will be paid for the time provided and expenses incurred up
to the termination date. If this Contract is terminated due to the fault of the Engineer, Paragraph 1
hereof relative to termination shall apply.
3. Chanqes. The City may, from time to time, request changes in the scope of the services of the
Engineer to be performed hereunder. Such changes, including any increase or decrease in the
amount of the Engineer's compensation, which are mutually agreed upon by and between the City
and the Engineer, shall be incorporated in written amendments to this Contract.
4. Personnel.
(a)
The Engineer represents that he/she has, or will secure at his own expense, all personnel
required in performing the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the City.
(b)
All of the services required hereunder will be performed by the Engineer or under his/her
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under State and local law to perform such services.
(c)
None of the work or services covered by this Contract shall be subcontracted without the
prior written approval of the City. Any work or services subcontracted hereunder shall be
specified by written contract or agreement and shall be subject to each provision of this
Contract.
5. Assiqnability. The Engineer shall not assign any interest on this Contract. and shall not transfer
any interest in the same (whether by assignment or novation), without the prior written consent of
the City thereto; provided, however, that claims for money by the Engineer from the City under this
Contract may be assigned to a bank, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer shall be furnished promptly to the
City.
6. Reports and Information. The Engineer, at such times and in such forms as the City may
require, shall furnish the City such periodic reports as it may request pertaining to the work or
services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred
in connection therewith, and any other matters covered by this Contract.
Page 8 of 11
7. Records and Audits. The Engineer shall insure that the City maintains fiscal records and
supporting documentation for all expenditures of funds made under this Contract in a manner
which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this Contract.
Such records must include data on the racial, ethnic, and gender characteristics of persons who
are applicants for, participants in, or beneficiaries of the funds provided under this Contract. City
shall retain such records, and any supporting documentation, for the greater of three years from
closeout of the Contract or the period required by other applicable laws and regulations.
8. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the
Engineer under this Contract are confidential and the Engineer agrees that they shall not be made
available to any individual or organization without the prior written approval of the City.
9. Copyright. No report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of the Engineer.
10. Compliance with Local Laws. The Engineer shall comply with all applicable laws, ordinances
and codes of the State and local governments, and the Engineer shall save the City harmless with
respect to any damages arising from any tort done in performing any of the work embraced by this
Contract.
11. Equal Employment Opportunity. During the performance of this Contract, the Engineer agrees
as follows:
(a)
The Engineer will not discriminate against any employee or applicant for employment
because of race, creed, sex, color, handicap or national origin. The Engineer will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, creed, sex, color, handicap or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Engineer agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the City setting forth
the provisions of this non-discrimination clause.
(b)
The Engineer will, in all solicitation or advertisements for employees placed by or on
behalf of the Engineer, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, handicap or national original.
(c)
The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
(d) The Engineer will include the provisions a. through c. in every subcontract or purchase
order unless exempted.
12. Civil Riqhts Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
13. Section 109 of the Housing and Community Development Act of 1974. No person in the
United States shall on the ground of race, color, national origin, or sex be excluded from
Page 9 of 11
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
14. "Section 3" Compliance in the Provision of Training. Employment. and Business Opportunities.
(a)
The work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from the U. S. Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that
to the greatest extent feasible opportunities for training and employment be given lower
income residents of the project area and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
(b)
The parties tO this Contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of U. S. Housing and Urban
Development set forth in 24 C.F.R. 235, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this Contract. The parties to this
Contract certify and agree that they are under no contractual or other disability which
would prevent them from complying with these requirements.
(c)
The Engineer will send to each labor organization or representative of workers with which
he/she has a collective bargaining agreement or other contract or understanding, if any, a
notice advising the said labor organization or worker or workers' representative of his/her
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
(d)
The Engineer will include this Section 3 clause in every subcontract for work in connection
with the project and will, at the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the subcontract upon a finding
that the subcontractor is in violation of regulations issued by the Secretary of U. S.
Housing and Urban Development, 24 C.F.R. Part 135. The Engineer will not subcontract
with any subcontractor where it has notice or knowledge that the latter has been found in
violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with
the requirements of these regulations.
(e)
Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part
135, and all applicable rules and order of the Department issued hereunder prior to the
execution of the Contract, shall be a condition of the federal financial assistance provided
to the project, binding upon the applicant or recipient for such assistance, its successors
and assigns. Failure to fulfill these requirements shall subject the applicant to those
sanctions specified by the grant or loan agreement or contract through which federal
assistance is provided, and to such sanctions as are specified by 24 C.F.R Part 135.
15. Section 503 Handicapped (if $2500 or Over) Affirmative Action for Handicapped Workers.
(a) The Engineer will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The Engineer agrees to take affirmative action to
employ, advance in employment and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in all employment
practices such as the following: employment, upgrading, demotion or transfer,
Page 10 of 11
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
(b) The Engineer agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(c)
In the event of the Engineer's non-compliance with the requirements of this clause,
actions for non-compliance may be taken in accordance with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
(d)
The Engineer agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided by
or through the contracting officer. Such notices shall state the Engineer's obligation under
the laws to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
(e)
The Engineer will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Engineer is
bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally
handicapped individuals.
(f)
The Engineer will include the provisions of this clause in every subcontract or purchase
order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary
issued pursuant to Section 503 of the Act, so that such provisions will be binding upon
each subcontractor with respect to any subcontract or purchase order as the Director of
the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
16. Interest of Members of a City. No member of the governing body of the City and no other
officer, employee, or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract and the Engineer shall take appropriate steps to assure
compliance.
17. Interest of Other Local Public Officials. No member of the governing body of the City and no
other public official of such City, who exercises any functions or responsibilities in connection with
the planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Engineer shall take appropriate steps to assure compliance.
18. Interest of En.qineer and Employees. The Engineer covenants that he/she presently has no
interest and shall not acquire interest, director indirect, in the study area or any parcels therein or
any other interest which would conflict in any manner or degree with the performance of his/her
services hereunder. The Engineer further covenants that in the performance of this Contract, no
person having any such interest shall be employed.
Page 11 of 11
Jul-31-2003 02:]3pm From-CARTER & BURGESS 7138695502 T-613 P.O03 F-414
Carter::Burgess
July 24, 2003
5.5 W,:ugh
Sukc $00
riousro~. Tcxos 77007.$8~3
P.O. ~ox 131487
I-Io~s~on, Texas 77219.1487
?bent: 713.869.7900
Fax: 71 3569.5502
wwv.,.c-b corn
Mr. Joseph Wertz
City of Peadand
3519 Liberty Drive
Peadand, Texas 77581
RE:
Sharondale Sewer Line
Proposal for Engineering Services
Dear Mr. Wertz:
Carter & Burgess, Inc. is pleased to provide the requested proposal for Engineering services for the
Sharondale sanitary sewer line. It is our understanding that this is a Brazoria County Community
Development Block Grant (CDBG) project and that their Engineering requirements will have to be met for
this project. It is also our understanding that the City will be administering this program with Brazoria
County and will be responsible for all administrative and financial coordination.
The purpose of this project is to provide sanitary sewer service to the residents living on Sharondale Street
by installing approximately 1300 feet of 8" PVC sanitary sewer between 6 feet and 12 feet deep. The
proposed 8" sanitary sewer line will tie into the City's wastewater system at an existing manhole on the
corner of Harkey Road and Sharondale Street.
The sample contract and scope of services provided by Brazoria County CDBG were utilized in developing
this proposal. Carter & Burgess will provide the following required services:
· Preliminary and final design plans and specifications
· Preparation of the bid packet
· Conduct all field testing, surveying and staking
· Conduct both substantial and final completion inspections
· Coordination of service connections with the property owners
It should also be noted that these services do not include the following: · Onsite inspection other than what is specifically listed above
· Environmental studies, reviews or permitting.
· Historical reviews.
· Costs for advertisement of the project in the newspaper
The attached documentation identifies in greater detail the services to be provided. It is based on the
Scope of Services provided by Brazoria County CDBG. Modifications to the standard scope of services
are shown in bold and are underlined.
The following sub-consultants will be utilized on this project: · C.L. Davis and Company will provide all surveying and right-of way research.
° Professional Service Industries, Inc. will provide all geotechnical and material testing services.
¢_~rJcr 8. Burgess' I(lC. C=rl~r & Burgess Arch~mct,./E~;r,~l~ I.~C COrrnr & Bu~e~ ConsvJr¢~nr~. Iht, C&B Ar,~hiteCr$/~ng;nc, cr*,
C&8 A~chi~ecrs/Enginccrr I'.C.. C&B N.~¢~d~, Inc' N.xun & Lo,rd Architect,/6 9
Ju1-31-2003 O2:13pm From-CARTER & BURGESS ?13868§502 T-613 P.004/020 F-414
All work subcontracted on this project will include a 10% overhead charge. Proposals from the above listed
firms are attached.
The break down of costs for this projeoq is as follows:
· Preliminary & Final Design: Lump Sum: $14,480
· Bidding and Construction Phase Engineering Services'(as required): T&M; $13,060
· Coordination of serVice Connections with ProPerty Owners (if required): T&M; $ 5,030
· Survey, Right-of-Way and Staking Services: T&M: $ 9,922
· Geotechncial Engineering Services (if required): T&M $ 2,678
· Piezometer Installation (if required): T&M: $ 644
· Material Testing Services (as required): T&M: $ 5,830
· Reimbursable Expenses (as required): T&M: $ 1,000
· Total $52,644
All time and material asks will be biIled at a multiplier of 3.0 for Carter & Burgess labor and at 1.1 for sub-
consultants and expenses.
If you have any questions, please let me know.
Sincerely,
CAF~TE/~ & BURGESS
Wendell L. "Buddy" Barnes, P.E.
Vice President
vw!adw
C:\Oocurnen~s and Semlngs\webbvh.C-B\My Documents\Work\Pearland Sharonclale\ProposaI-L01.doc
cc: EDMS
Carte,' & BurSeS~, Inc. .5,5 Waugh Dri¥~. S,,he 800 Hauslon, Texas ??007.5833 Ph~n~: 713,869.7900 Fax: 713.869.5502 www.¢.b.com
'~, ')mr~-~ , .~: mm 91:38695582 PPIGE. 04
PART II- SCOPE OF SERVICES
The Engineer shall render the following professional services necessary for the construction of the
proposed project:
SCOPE OF SERVICES
1. Attend preliminary conferences with the City regarding the requirements of the project.
2. It has been indicated that the publicly owned portion of the proposed proiect will occur
within existing city owned Right-Of-Way (ROW). The En.qineer shall Determine necessity for
any acquisition of any additional real property/easements/ROWs for the Brazoria County
Community Development Block Grant project and, if applicable, furnish to the City as an
additional service:
(a) Name and address of property owners;
(b) Legal description of parcels to be acquired;
(c) Map showing entire tract with designation of part to be acquired.
3. Make any necessary surveys of existing rights-of-way, topography, utilities, or other field data
required for proper design of the project. Provide consultation and advice as to the necessity of
the City providing or obtaining other services such as auger borings, core borings, soil tests, or
other subsurface explorations; laboratory testing and inspecting of samples or materials; other
special consultations. The Engineer will review any tests required and act as the City's
representative in connection with any such services.
4. Prepare railroad/highway permits. It is not anticipated that these will be required on this
project.
5. Prepare a preliminary engineering study and report on the project in sufficient detail to indicate
clearly the problems involved and the alternate solutions available to the City, to include
preliminary layouts, sketches and cost estimates for the project, and to set forth clearly the
Engineer's recommendations; to be completed within days of contract execution.
6. Furnish the City with five (5) copies of the preliminary report, if applicable (additional copies will
be furnished to the City at direct cost of reproduction);
7. Submit detailed drawings and plans/specifications to appropriate regulatory agency(les) and
obtain clearance.
8. Prepare bid packet/contract documents/advertisement for bids.
9. Obtain wage rate decision and modifications and incorporate them into the bid and contract
documents.
10. Verify prevailing wage decision issued by the U. S. Department of Housing and Urban
Development Labor Standards Office within 10 days of bid opening.
11. Conduct bid opening and prepare minutes.
12. Tabulate, analyze and review bids for completeness and accuracy.
Page I of 11
13. Verify eligibility of prime contractor and subcontractors.
14. Conduct pre-construction conference and prepare copy of report/minutes of meeting.
15. Issue Start of Construction Notice to U. S. Department of Housing and Development and
Notice to Proceed to construction contractor.
16. Provide in all proposed construction contracts deductive alternatives where feasible, so that
should the lowest responsive base bid for construction exceed the funds available, deductive
alternatives can be taken to reduce the bid price.
17. Design for access by persons with disabilities to facilities to be used by the public in
accordance with Public Law 504.
18. Use forms for instructions to bidders, general conditions, contract, bid bond, performance
bond, and payment bond provided by Brazoria County for such project.
19. Make periodic visits to the site to observe the progress and quality of the work, and to
determine in general if the work is proceeding in accordance with the Contract.
20. Perform employee interviews on forms provided by Brazoria County for such project.
21. Consult with and advise the City during construction; issue to contractors all instructions
requested by the City; and prepare routine change orders if required, at no charge for engineering
services to the City when the change order is required to correct errors or omissions by the
Engineer; provide price analysis for change orders; process and submit change orders to the City
and Brazoria County for approval prior to execution by City.
22. Review shop and working drawings furnished by contractors for compliance with design
concept and with information given in contract documents (contractors will be responsible for
dimensions to be confirmed and correlated at job site).
23. Based on the Engineer's on-site observations and review of the contractor's applications for
payment, determine the amount owing to the contractor in such amounts; such approvals of
payment to constitute a representation to the City, based on such observations and review, that
the work has progressed to the point indicated and that the quality of work is in accordance with
the plans, specifications and contract documents.
24. Require that a 10% retainage is withheld from all payments on construction contracts until final
acceptance by the City and approval by Brazoria County, unless State, Federal, or local law
provides otherwise.
25. Conduct interim and final inspections.
26. Prepare Certificate of Construction Completion for the project when fully completed.
27. Revise contract drawings to show the work as actually constructed, and furnish the City with a
set of "as built" plans.
28. Provide material testing services during the construction of the project.
29. One time correspondence to local property owners identifyinq the proiect along with.
the requirements'and conditions for connection to the sanitary sewer line.
Page 2 of 11
Sharondale Sewer Line
Preliminary Man-Hour Cost Estimate
Service I Hours
Description PE I EIT I CADD I Admin
Design Phase
Project Management/Meetings 16 16
Construction Drawings - P&P 20 40 40
Specifications 10 24 16
Subtotal Hours 46 80 40 16
Hourly Rate $100.00 $75.00 $75.00 $55.00
Cost Subtotal $4,600.00 $6,000.00 $3,000.00 $880.00
Total Design Phase Cost $14,480.00
Construction Phase
Pre-Bid 8 8
Plan Distribution 16
Bid Opening 2
Review of Bids 4 8
Pre-Con 8 8
Shop Drawings 4~ 16 8
RFI's 4 8 4
Monthly Site Visits & Pay Application 8 16 1!
Substantial Completion Inspection & Letter 8 1
Final Completion Inspection & Letter 8 1
"As-Built" Drawings 2 4 8 1
Subtotal Hours 56 68 8 32
Hourly Rate $100.00 $75.00 $75.00 $55.00
CA Cost $5,600.00 $5,100.00 $600.00 $1,760.00
Total Construction Phase Cost $13,060.00
Additional Services: Coordination of Service Connections
Correspondence with Property Owners and Review of Responses 4 121 2
Meetings with City Legal / CDBG / Property Owners 8
Special Design Requirements for Connection of House to service
line and abandonment of septic tanks. 8 16 4
Subtotal Hours 20 36 0 6
Hourly Rate $100.00 $75.00 $75.00 $55.00
Cost Subtotal $2,000.00 $2,700.00 $0.00 $330.00'
Total Coordination of Service Connections $5,030.00
PSI-HOUSTON PAGE
07/2.~/2083 15:29 713-224-891~
Information
To Build On
Engineering ' GonsuttJng · Testfng
July 23,2003
Carter & Burgess, Inc.
55 Waugh Drive
Houston, TX 77007
Attention: Mr. Vernon Webb
Ph: (713) 869-7900
Direct Line: (713) 803 2316
Fax: (713) 869-5502
Re:
Proposal for Geotechnical Exploration
1300 feet long Sanitary Sewer
Sharondale Street
Pearland, Texas
PSI. Proposal No.: 286-350108
Dear Mr. Webb:
Professional Service Industries, Inc. (PSI) is pleased, to submit the following proposal for
performance of a geotechnical exploration for the above referenced project. PSI appreciates the
opportunity to o fief its services to your project.
PSI has extensive geotechnical exploration experience in the Pearland, Texas area,
including the vicinity of the project area. With its experience and resources, PSI has conducted
several successful engineering studies in the vicinity of lhe subject site and can complete the job
· '0
in an efficient and timety manner. In add~tl n, PSI eagineers have provided geotechnical
. · · projects similar to the one proposed. Given
recommendations and constmctlon conaderatmns for
, ' ' ed to assign project oriented, experienced, geotec.hnical.
the opportumty, PSI, Is p.repar ' ents in an efficient, high quality and ttmely'
pro£essio~al~ to meet tne pro.lect needs and reqmrem
manner.
We have included the following in this proposal:
Project In[brmation
Scope of Services
Project Schedule
Proposed Cost Estimate
PSI-HOUSTON PAGE 83/13
B7/23/2003 15:29
Carter Burgess, lac-
July 23, 2003
PSI proposal No. 286-350108
Page 2 of 5
Pr__o.ieet I nformatio---n ·
Based on the project information provided to us, it is Understood that the proposed project will
include installation of 1,300 feet of 8" PVC sanitary Sewer line. The line will fall from a depth of
six (6) 'feet to t~velve (12) feet. The proposed project also requi~'es the installation of three manholes
and connection to an existing manhole. The installation may require dewatering using a well-point.
system. The proposed geotecl'mical exploration will be conducted to evaluate the subsurface soil
conditions for the proposed installation. We anticipate thc following: ·
· The borings will be perl'ormed along the shoulder of Sharondale street and the boring locations
will be accessible to a truck mounted drill rig,
· No tral'fic control will be necessary,
~chnical Ex loration
The proposed geotechnical exploration for this project will require the collection of
subsurface data, laboratory testing, and geotechnical analyses. Our proposed geoteclmical
exploration activities are detailed below.
, ~ - Sampling and ~eld testing of the subsurface materials by perfotrni.ng
· · . ' Identification of the physical characteristics of subsurface materials
sod bo. nng~s~....._~ ~,~, ~o,~,,~;n~, Observations of the groundwater conditions on the site, to
encoLtn~erec~ cturtu~, m,~ o,,,-t~,,, ~,
depths that would significantly affect or be affected by the foundations,
o Piezometer Installation_ - If requested, PSt will install a piezometer at one of the boring
location to record ground water level measurements periodically. The installation procedure
wilt involve dry augering the borchole with a hollow stem auger un.til ground water is
encountered in the borehote. The depth of water at initial encounter and approximately 15
rain acer encmtnter will be noted. The hole will be further augered an additional five (5)
Feet and riser pipe wil'l be installed. The riser pipe will be approximately 1.1/4 inch ID PVC
pipe with a perforated PVC screen of the same ID in the bottom five (5) feet. The backfill
around the riser pipe wi. Il consi-qt of coarse to medium sand hn. and slightly above the screen.
portion and bentonite clay seal in the remaining portion. The scope does not include
sampling. The depth of the piezometers is anticipated not to exceed (15) feet d~ep. A 24
hour water level reading will be recorded. If desired, additional readings can be taken as
requested. The cost estimate does not include taking any additional readings a-lter a 24-hour
water level readi~g nor does it include removal of the piezometer after completion of work.
· Soil B~orin_~s~ -PSI will explore the subsurface conditions at this site by performing a total
'of three (3) soil borings along the proposed 1300 feet long sewer line location. The
borings will be drilled to a depth of fifteen (15) feet below the existing ground surface.
During the eXp,lorationl if unusual or soft soil conditions are found, deeper or more
number of borings may be required to evaluate the $.ubsurfaee con.dition~. If such
Carter Burgess, Inc.
July 23, 2003
PSI Proposal No. 286-350108
Page 3 of 5
conditions are found at the site; PSi will dute.rmine the necessary chang= in scope and
will proceed with the work after prior authorization.
tory ?estin.g - Laboratory testing'will be performed on s~l¢cted samples to evaluate
Labor,~
tl-~e ciassi fication' '~trer~gth and other' engineering characteristics of me subsurface n-tat=rials
involved. LaboratoO' testing on selected samples, may include Moisture Content, Unit.
Weight, Atterberg Limits, Grain Size Analysis, Unconfined Compression and oth~r tests, as
appropriate-
, Geotech.nical Recommendations and Re crt - The results of the field exploration and
~boratory tests will be used in the engineering analysis and in the formulation of the
recommendations. The recommendations will be presented in a written report prepared by a
professional engineer, The Oeoteclmical Exploration Report will include a description of
subsurface conditions (as observed in our borings), laboratory test results, city/county guidelines
for pipe bedding and backfilling recommendations and other construction related considerations.
· ..~eneraL- Tine scope of services includes the back :filling of soil borings using aug~ cuttings.
The scope of services of this exploration does not include a fault study, a detailed geologic
study and any kind of environmental site assessment, nor does it include any coring or difficult
drilling through rock or contami, nated soil,
_Pr,oieet Schedule.
PSI will proceed with th~ field exploration as soon as the authorization to proc=ed with th=
work is received. The fietdwot'k is anticipated to take about on~ working day to complete. The
laboratory testing is expected to take about one to one and half weeks to complete. The
engineering analyses and reporting will be completed after one week from the completion date of
the labot-atory testing. The estimated duration of the project is about two to two and half weeks
from the starting date of the field exploration, to the submittal of the final geotechnieal
exploration report.
.Proposed Cost Estimate,.
PSI is committed to the cost efficiency of this project. We have listed below a cost
estimate for the scope of services described in this proposal. On the basis of th= estimated
quantities and our Schedule of Services and Fees, it is estimated that the fee for the geotechnical
exploration will be 53,019.00 for the proposed soil borings and piezome~er instal[afi0n and
$2,434.00 for the proposed soil borings only without piezometer installation. The cost estimate
is shown on the following page of this proposal.
The above f~e assumes that all bet=hole locations am accessible to our truck mounted
drilling equipment, and that utility clearances will be available to us. However, i.f site conditions
exist such that the tts¢ of an all-terrain vehicle (ATV) mounted drill rig is necessary, additional
charges of $350.00 wohld be added after the prior approval of Client.
07/23/2003 15:2S 713-224-8914 PSI-HOUSTON. PAGE 85/13
Carter Burgess, Inc.
July 23, 2003
PSI Propusal ,.No, ~86-350108
Page 4 or' 5
COST ESTIIV~ATE FO~ C~OTECHNICAL EXPLORATION
Unit Pate
iliz3tion/Demobil~on
Ddlling & Sampling
.feet rn~ length
(installa~ion, sand & bentonite~ FVC. riser&
Geotechnidan- ~ hr Water Levd Re~c~ng
Docu~i~ of the;
lumO sum
per foot
hour
per feet
per
IJmits
Passing N~. 2O0
Ion
21
Engineering Analyses and
Review
Unit
per hour
12
1
Unit Cost
Carter Burgess, Inc.
July 23. 2003
PS1 proposal No. 286-3501.08
Page 5 ol' 5
It iS proposed that the fee for the performance of the above oufli~ed services be determined
on a unit price basis, in accordance with the attached Schedule of Services and Fees~ and that the
work be performed pursuant to PSI's General Conditions. Copies of PSI's Schedule of Services and
into this
Fees and PSI's General Cond~t.ton are enclosed in EXHIBIT-A and are incorporated
proposal.
PSI will proceed with the work when a signed copy of this proposal is received .intact.
When returning tl~e proposal, please complete the attached Project Data Sheet so that PSI may
best serve your project.
PSI appreciates the opportunity to offer its services to your project. If you have any
questions, please feel free to
Kespectful.ly submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
Project Manager
Kmm Sreerama, Ph.D.
Senior Vice president
EXHIBIT - A:
Project Data Sheet
Schedule of Ser~iees & Fees (Geotechnical Engineering & Laboratory Services)
Schedule of Services 8~ Fees (Geotechnical Drilling Services)
General Conditions
AGREED TO THIS ON THE DAY OF ~
BY:
TITLE:
FIRM:
PSI-HOUSTON PAGE
87/23/2883 15:29
EXHIBIT ' A
PS[ proposal No, 286-350105
sCHEDULE' OF SEgVICES AND FEES
~1 En meermo Serwces
]Sffc~tive January, .2003
Geotedinical Services
Chic[ Engineer, ? E ..........................................................................
Chief Geologist ........... ' ........................................................................
District Managm ..... " ' " ......................................................................
Regional Eng~ncer, P.E ......................................................................................
Department Manager ...................................................................................
Senior Geot¢chnical Engi. neer, ?,E ......................................................................
project Manager ............................................................................................
Project Enginecr .............................................................................................
Graduate P~n~ineer or Staff Engineer ....................................................................
SmffGeo~og~st or Field Coordinator ...................................................................
Gcorech. ni~ai Lab Manager ........................................................................
Senior Gco~echn~cian .............................................................................................
Dra t~ing ........... ' ......................................................................
Ocotechnicia, ................................................................................................................
· . .......................................................... Tiii'.iiiiZ.'.'.ilii'.iliiill
:::.,::.: ...........................................................
Computer Services .......................................................................................................
T¢~e~o.~ Co~ioatio~-~ ~r~, ~.on~ D,~t.n~, ~t~.~ ........ i'.'.i~ .............................
Courier Services, Postage, otc ..................................................
Drillin~ Division Manager ................................................... : ........................
Drill~n~ Superiutcndcn~ · .. ' ............................................................................
Driller .........................................................................................
Drill Tect-miciaa Helper ...............................................................................
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Per
Pe~ Hour
p~r Ho~r
Per Hour
Per Hour
Per Hour
P~r Hour
PerHo~r
:Per Hour
Per I-lout
Per Hour
Per
P=r Hour
Par Hour
Per Mile
Per Day
Per Ho~
Cost
Cost
130.00
120.00
110.00
110.00
10o,00
90,00
$0.00
'/5.00
70.00
65,00
65,00
60.00
60,00
45.00
40.00
1 ,o0
70.00
lo0.00
Per Hour $ 75.00
Pe~ Hour $ 65.00
.Per Hour $ 4 ~,00
Per Hour $ 35,00
PSI-HOUSTON PAGE 89/13
87/23/2883 15:29
713-224-8914
EXHIBIT - A
PSi Proposal Pqo. 286-350108
SCHEDULE OF sERVICES AND FEES
Geotechnical Laboratory Services_
Effective January, 2003
Laborq, tor T~tin Services PerTest $ 6.00
Moisture Co ~tent Test (ASTM D-2216) ......... i ....................... : ...................................... Per Test $ ! 5.00
Density Determination on Sl~dby Tube Samples .......................................................... Per Test $ 40.00
Per Test $ 30,00
Atto'berg Limit Determination (ASTM D-4318) ...........................................................
Percent ?assin~ #200 Steve (ASTM D-1140) ................................................................. Per Test $ 40.00
Sieve Ano lysi~'(ASTM D-422) ...................................................................................... Per Test $ 1.00 ,'
is'(ASTM D-422) ............................................................................. Per Test $ 125.00
Miniature Vane Shear ................................................................................................... Per Test 15 5.00
perTest $ 30,00
Torvane ............................................................ : ...................................................... $ 60,00
Corn ressive Strength (ASTM D,2166) ..................................................... per Test
Unconfined P , , ' STM D.2850) ·
Unconsolidated U attained Tm×tat Compres.qtot~ (A ...........................
Consolidated Undrained with Pore Pressure Measurements (ASTM D 4767) ... Per Test $ 450.00
Multi Stage tests (3 stages) ........................................................................... Per Test $ 250.00
Multi Sampb tests (each sampl~ - each stage) ............................................... $ 350.00
One Dimensional Consolidation (ASTM D-2435) (7 Loading & 3 tmloadiag inet.) ... Per Test
Each $ 35,00
Each Additional Load ..................................................................................... 70,00
Swell Test (ASTM D,4546) Per Test $ 300.00
Free Swell With Consolidation (Method A or Method B) ............................ Per Test
Swell PresSure Test (Method C) ......................................................................
Mo[store-DensitY KelationshiP Per Test $ 125,00
ASTM 9.698 and D-1557, Method B ............................................................. Per Test $ 155,00
ASTM D-698 and D-1557, Methods C ........................ ~ .................................. Per Test $ 155.00
Keladve Density Determination ....................................................................... $ 1~0,00
California Bearing Ratio (ASTM D-ISa3) ... Per Test
(Does not irmlude M-D relationship) ...........................................................
permeability Testing: Per Test $ 3Q0,00
Triaxial. Cell Method (EPA 9100/ASTM D.5084) .......................................... Per Test $ 150.00
Falling Head Kigid Walt (Consolidometer Teclmktue) (CeE ! t 10-2-1906). Per Test $ 150.00
Constant Head for Granular Soils (ASTM D.2434) ........................................ Per Test $ 100,00
Direct Shear Test (Per Vertical Stress point) (ASTM 93080) ....................................... Per Test $ 175.00
pinhole Dispersion Hole (ASTM 4647) .......................................................................... Per Test $ 40.00
$ 65.00
Omavie Content (^STM B-2974) .................................................................................. Per Test
'"'" .......................................... :::::::::::::::::::::::::::::::::::::::::::: ,, ,o.oo
Pet Test $ 10.00
· calculated) .. ~ ................................................................................. Per Sample $ 50,00
Porosity ( .......... i'J;"'_.~_~., ~sin~ Proctor Mold) ....................................
Sample Preparation (Rcmotaea aang,~- '- = ' $ 30,00
Chemical/Analytical Testing: Per Test
Per Test $ 70.00
pi-[ ................................................................... . ........................................ Per Test $ 70.00
Chlorides .....................................................
Suyhates ...........................................................................................................
clothing and a
_Note3
A. Testing orr contaminated samples will be performed at stated test co~t plus llne cost o'[ protective
25% addiuonal charge [or spec].a,i ,hand.h ~ upon completion of testing at sbyping cost +. 15%,
B. Contaminated soil samples ~tlt oe remm*,~ to thc client
including any necessary pervmt costs.
EXHIBIT - A
PSI Propos.! No. 286-35~108
SCHEDULE OF SEP,.VICES AND FEES
~cal Drillin Services
Effective January, 2003
~cl Demobilization
Track Rig or All Terrain Rig (Min, Daily Charge $200.00) ....................................
One Ton Flatbed w/250 Gallon Water Tank'(Min, Daily Charge $65,00) ...............
Pickup Track (Min. Daily Charge $45,00) ...............................................................
Per Mite $ 4.25
Per Mile $ 1,75
per Mile $ 1,00
Stand.by Rg~tes-___3eegemarks
Minimum Charges Drilling S~rvices- Sec Remarks
Drilling Pig & 2.Man Crew .............................
Drilling Rig & 3.Man Crew ......................................................................................
Drilling & Sampling Footage Rates. 0.40 fi (Intermittent-" 5' Intervals) .................
Drilling &'San'tpling Footage Rates, 40-100 t't (intermittent -' 5' Intervals) .............
Drilling & Sampling Footage Rates. 0-40 ff 0nmrrm.gent- intervals) .................
Drilling & Sampling Footage Rates, 40-I00 ft (Intermittent - 5' Intervals) .............
Track Rig (Surcharge) Specialty Drill Rig Footage Rates ABove Apply ................
AddR}on~!
Hand Auger Drilling and Sampling ............................................................................
Personnel Rates
Division Manager .......................................................................................................
................................. :: ..........................
Driller ......................................................................
G~o~eehnjeian ....................................................................................................
Drill Technician Helper ..........................................................................................
ClerieaVDra fting Services ..........................................................................................
Per ti.our $ 157.50
Per Hotu: $ 189.00
Per Foot $ 10.40
?gr Foot $ 11.90
Per Foot $ 11.90
Per Foot $ 15.00
Per Day $ 250,00
Per I-I our
$ 100.00
Y~r flour $ 75.00
Per Ho~ $ 75.00
Per Hour $ 65.00
Per Hou~ $ 45,00
Per Hour $ 40.00
Per Hour $ 35.00
Per Hour $ 35.00
Remarks
1. The prices apply only to geoteclmical/foundation borings in areas, which are not contatrdnuted by hazardous
constituents, Environmental drilling and sampling will be quoted when required.. See PSI General Conditions
Sundays a'od
Item ?,
Should client request work be performed on overtime, after 8 hours portal to portal or Saturdays,
' i lief et' 1,35 wilt apply to quoted t~tcs,
2. Hohdays, a mull .p ........ c ~ 00.00 er day if 8 hours of work is performed or standby time is
3, All projects will mcura mtntmumcna[~ ~,..12 P
incurred for work stoppages beyond P$I's control, ~ot to include breakdown of'equipment.
4, Alt hour~ and mil. cage rates are portal to portal from 1714 Memorial Drive, Houston, Texas.
5, Per Diem will be charged at $30.00 per day per man and Cost + 15% for Motel/I.'Iotel Expenses,
0?/23/2003 15:29 713-224-8914 PSI-HOUSTON PAGE 11/13
EXHIBIT
]PSI Proposal 1'%.
Rema~rgs~ continued
6. Standby hourly rates will apply for any delays caused, by rain, access problems or work sioppages beyond ?$['s
control.
7. Borings will be back filled with drill cuttings unless other,vise requested in writing. When requested, PSI will
grout borir~gs for an additional $:l.50 per foot,
8, Water readings will be noted on drill logs when encountered if~ugcr drilling. Wh'en drilling and sampling by wet
rotary methods, initial water level reading~ can not be accomplished. PSI will also record on logs, water le-~.els in
borings upon completio~ and cave in depth, Should water level readings be required later, Geotectmieian hourly
rates and applicable vehicle charges will apply.
9, PSI will provide hand writtea PSI boring logs unless ot. herwise requested. Typewritten logs can be provided at
hourly sect'etarial rates,
10. PSI Dt'illing Services w'i[1 not layout any borit~gs. Should PS[ Drilling Services be requested to layout borings, a
driller will position borings as close as possible using typical "walking off" techniques at quoted standby rates.
a out b other technique~ will be quoted upon request.
l l, ~[ ,,viii nYot be responsible for cleanng site for underground obstructions and utilities. See PSI Oeneral Conditions
Item 5. Should probing be required, standby rates will apply.
i2, The above rates are for drilling and sarnplLng in soils along the Texas and Louisiana Gulf Coast Regions. Rock
Drilling and materials in excess o[50 blo'm per 3 in¢l~s will be quoted separately.
13. Barge drilling and other specialty drill requests will be quoted site specific,
Rares {lo not include containerization, haulir~g or final disposal of fluids or cuttings. All cuttings will remain
on site unless otl~erwise directed.
GENERAL, CONDITIONS
?~£S ~ SC, Q~E OF ~0~t ~ro~ssion~ Serv ge ~ndus~ries Inc. (hero,namer reerred to ~s "PSi") shall include ~ald company or It~ particular dMsion, sub~ d a~ or affiliate pertorm~ng
the work
r~. Work means the specific oeatechntcat, ~nal~ic~l, te~ng or o~er service to be performed by PSi as set fo¢h in PSi's proposal, Orient's acceptance thereot an~ these ~nera
. ' derin and dlre~ng said work. Unless otherwise stated I~ writing, Client
~fflon~t work ordered by Client sha.l~ a~so be subject to these General Cond~9ons, "Client" re'fore to the person or business enti~ ordering the work to be done by psi, Jf ~lient Is ordering
......... d warrants that ~is the duly author~ed ag?t o~ sa,d p~ ~?~ ~e~r . g suffic eot for Client's t~ended pongee. Client shall comm~n[cate
uenat~ o1 anu~h~,, C??t ~epr~s?~?~ ..... ~..... +~ .uan~l~ ~d the nature of tee work ordered b~ ,.~ ~,~,,, ,= ,,~,uat~
;ureas sole responsto~ll~ mr oe~ermtn.~u w.~, ........... ~ , dot or obll etlon to ~ny third pa~ g~er th~n that set fo? In PSl's pro;
..... · ~ towhomOenttrznsm~s~ny~s~[¢~lsw~k'~.~ltn~f ~ orkgsh~llcenstltu[eaccept~nc, ofthetermsePSIsprop°satano
~se General Condt~ons to ~ch and.e?~ ~6 p_~..~..~. Th~ order no ct worKtrom PSI, or zne re,~n~ ..... ~ __ PSi s W
sol, Clienfs acceptance thereof eno mesa ~enera~ ~.~,,, .............
~se General Conditions, regardless o~ t~e t~s o~ a~ subsequently issue doC[lm~nt. · ' rou ht a ains[ PSI by Client or any'third p[r[? unless ail te~s ~nd inspnc-
' · · or others ~e be 'timely ~nd proper¥ pedormed In accordance wi~h the
~STS AND INSPECTIONS: Orient sh~ll ~USe alt t~[s and inspections ef the site, materials and WOrk performe~ by PSi
~lms, suitS, lOSSeS, cO~S and exp~ns~, Inc~uding, but n~ limited to, coati costs ~nd reasonable ~orney's fees
~mendaflons are not so Mlowed except to the e~ent ~t such f~ilure is the result of the negligence., ~tllul or wa~ton act or omls¢on of PSI, iS officers, agents or employees, subieo~ (O ~e tim-
ztian confined in paragraph 9, in th~ scope
, SCHEDULING 8F WOR~: Tl~e sa~lces set fo~h in PSrs proposal and Cllenfs acceptance will be accomplished In a time~y, war.unlike ~t]d professional manner by PSI personnel st the pd~es
progress ef constru~lon, or other c~uses b~ond th~ direct reason~bt9 con~ol of PSi, addi~onal charges
uoted. If PSi is required to delay commencement ¢ the work or If, upon embarking upon its work, PSI Is raquff¢ [o stop ar Inte~uF the progress ct ~ work as a result or changes
~ ~he w~rk requested by Ctlen~ to fuffltl the requirements of ~hlrd p~tes, in[er~¢ions in the
4ll be applicable ~nd payable by Client.
. ACCESS TO SITE: Client will arrange an~ provide such access to th~ sire as is necass~ [or PSI te perform ~e wDr~, PS~ shall tak~ reasonable measures ~nd precau~ons to minimize ~mage
~ site ~d any Improvements looped thereon ~ the r~Sult e~ its work or the use ¢ Its equipment: I~ewever, PSt h~s not included in I~ ~se tl~e cost ol restoration ef d~mzge which m~Y occur,
[esires or requires PSt to restore [he site to its fo~er condition, upon ~rlt~en request PSt will pedo~ s[Ich ~dditionat work as is neca~ to de so and Client agree~ to pay ~ PSi for the
.... · conduEs, Q ant agrees [o d~end, indam~W ~nd save PSi hapless
CLIENT'S O~ T0 RO~ ENGINEER; Ctlen[ represents and w~rran~s that k has ~dvised PSI or any known or suspe~ed haza~ous matsd~s, util~ lines ~nd poilu{ants ~ any sea ar ~ic~ PSi
o do wu~ hereunder, and unless. Pal ~as - ,--],,a]nn m,~nnahie a~orney's lees as ~ resul[ gl pu[~u.?,~ ,.~-,,x, r .-%,-;-.: ...... -. ocaflon themol were not reealed to p~l Dy CllenL
'rom a~t clams, suits, losseS, costa an~.e~ps?~L~,,,~;~;~;,,;;~ ~ructums lines or conduits where tee a~at or po~enua~ p,~o~.~
and resu1Ung to or ca~sed dy oo,ta~ wRn suosu.au~ u, .......... , ........ ~[~r~S~i:l~ no~ ?~.~1 ~ m&Ry way excuse any co~actor, subr~ntm~or or sup
plier from pedormence o] ~[s worn ~n &guulu~.uc, ...... ' . · , , ds techni LIES, sequents or procedures ~ 6onsffu~on. PSi shall not be responsl~
. . ' re oEIng or ~ecn~g ]o~ colophons W~=,,?.~.. 2_ ~ .~, ~ ..... ~h~ nr dUN [0 slog tee contractor s
bio for evalua~ng, P ......... ~ ....... ,,h *~e ~ntraot 0ocumenm. ro~ ..a .u .,~ ...... .
7. SAMPLE DISPOSAL: Unless ~herwtse agreed in writing, t~ specimens or samples w[l] be ~[sposed Immedlate~y upon completion of the t~t. Ail drilling samples or sp~imens will be disposed
h month for war~ permrmeu uunng ~.u F , ~ ' ' eriod at the rare et 81gl][ee~ [1~) percen~ per ~ ~ ,
a. PAYMENT; Client shall be. invoiced ~nc~ ~c~ ....... k,--*-~ +. ~r vs Id ~use In writing w~th~ ~d thlr'~ (3~).~ ..... .., .~., .~ f ~ days, Including coud 0o¢ ~d. rass~le ~orn~,
t¢~t PSi shell file a tree whenever necessary (o co,e~ p~, u~. .................re to ~, P Y
thor In to~ oontra~ or otherwise, and whether known or unknown a~ tlae time, .
have, who , - ............ ¢ ~ ~DIN~S OBTAINED AND TS REPORTS PREPARED IN ACCBRBANCE WITH ITS PROPOSA~ CLIENTS AOCE~CE THEREOF. ~ESE
O~ CAR~ AND SKILL
g. WARRANt: PSI,S SERV OES W LL BE p[~umw~u, ~ r ~
GENERAL CONDITIONS, AND WITH GENERALLY ACCEDED PRINCIPLES ~D PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, PSI WILL USE THAT DE~REE
ORDI~RIW EXERCISED UNDER StMI~R CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRA~ IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESE~ATIONS, EITHER
~PRESS OR iMPLIED, STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASSO UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS DF FAO[
SHOULD PSI OR ANY OF ITS PROFESSIB~L EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE pERFORMANCE OF ITS WORK, OR TQ HA~ MADE AND BREACHED ANY ~PRESS
iMPLIED WARRAnt, REPRESENTATION OR CONTACT, CLIE~, ALL PARTIES CLAIMING THROUGH CLIENT AND ~L PARTIES 0~tMING TO HAVE IN ~ WAY RELIED UPON PSI'S WORK
AGREE THAi' THE MAXIMUM AGGREGA~ AMOUNT OF ~E LIABiLiTY OF PSI, ITS OFPICERS, EMPLOYEES AND AGENTS SHALL B~ LIMITED TO $25,000.00 OR THE TO%AL AMOUNT OF ~E
FEE PAID ~0 PSt FOR iTS WORK PERFORMED WITH RESPECT ~0 ~E PROJECT, WHICHEVER AMOU~ IS GREATER,
IN THE EVENT CLIENT IS UNWILLING OR U~BLE ~O LIMIT PSI'S LIABIL~ IN ACCORDANCE WITH THE PROVISIONS S~ FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRI~N REQUEST
O~ CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PS['S I.IABILI~ TO 8258,000.00 OR THE AMOUNT OP PSI'S FEE, WHiCH~R IS THE
GRATER, BY AGREEING TO PAY PSi A SUM EQUIVALE~ TO AN ADDITIONAL AMOUNT 0F 5% OF THE TOTAL FEE TO BE CHARGED FOR PSi'S SERVICES. THIS C~RGE IS NOT TO BE CON'
~RUED AS BEING A C~RG~ FOR iNSURANCE OF ANY ~PE, BUT IS INCR~SED CONSIDERATION FOR THE GRATER LIABILI~ INVOL~D. IN A~ ~ENT, A~ORNEY'S FEES ~PEND~O BY
PSi [N CONNECTION WITH ANY C~IM SHALL REDUCE %HE AMOU~ AVAI~BLE, AND ONLY ONE SUCH ~OUNT WILL APPLY TO ANY
NO ACTION OR O~IM, WH~ER tN TORT, CO~RAOT, OR OTHERWISE, MAY BE BROUGHT AGAIN~ PSi, ARISING FROM OR RE~B TO PSI'S WORK, MORE TH~ ~O ~RS ARER ~E
CESSATION OF PSI'S RK H~REUNDER ...... ali claims sul~, c~s ~nd expens~ including re~on~bla ~tto~-
prlnciP¢ sh~l) bring ~ny sulL cause ¢ action, cl~'m ' ' ' ' ' '
defend K, including reasonable ~ernw's and witness ie~ and court costs to the e~ent that PSi shall pre~ll In such suit.
tl. TERMINA~QN: Tl~is Agreement may be terminated by either pa~ upon seven days' prior wrl~en notice. In [h~ event of termination, PSI shall,be compen~ted by 61i~nt for all ser~ces per-
[o~ad UP to and including ~e terminaeon date, Including reimbursable expenses, and for the ~mpletlon of such ser~ces ~nd records ~ are nece~a~ to pla~ PSI's flies In order anEor
goal re utation ....... reement Cilag agrees to p~y PSl's legal expe~s~ admlnlstr¢i~ oos~
its prufessl P , - ........ ~ -s ex"6~ witnesses except by separate, wrlEe[~ ~g ............~ aS In the event C eot hires a PSI
12 EMPLOYEES~ITNE~S FEES: PS[~ employees snal~ nut De r~.~u. . . ' ' . ~ ,
s o res odd to Eny s~bpoena. Clien'[ agrees not to hire PSIs employees ex~up~ u.uuv ,
an~ fees pursuant to PSI s then curren( ~ea sol, oriole for P t , P ........... ~ ...... t+h~ut PS waMne ofl~er remadi~ I[ may have.
Client sh~l pay PSt ~n amoUnl equal to eno-heir of the employ8~ $ annua.z~u ~a=~,~ ......... ' ' PSi to a~ume the s~tUS Or a~ owner, operator, generator, Storer, t~nspo~a~
~nt shall be construed or Interpreted as requ~nng · and disposal of polt~
~on t~atment, storage
IALS Notl~ln ~n~ ned within this agreem . t ern n the gene~tion, transpe , '
13 FlA~RDOUB MATER g _ · ~l or State statute or regL ~ ion gev g
tre~r or disposal faciliW as those terms appear wl[hn RCRA or wkhm any r~de St&to
~nts. Client assumes full ~ponsiblllW tar cempiia~ce with the provisions of RORA ~nd any otl~er ~eder¢ or s~tute or regulation governing tl~e h~n¢ lng. tre~en~ ~omge and dlspo~t
~Oll~nts d is the secific Inlent ~[ the parties that the ~s of t~se General Conditions be enformd as wd
14. PROVISIONS SEVERAB~: The pa~ies have entered ~nto ~hls ~oreeme~ In good faith, an It ~ ainin rovislons shall be
~tlons should be found to be unenforceable, ~t sl~ be sir cken and the rem g P
ten, In the event any Of the provisions of these Genera Oond .
15. E~IRE AGREEMENT: T~is agreemem mns~tutes the entire und~ndin0 of ~e p~Eles, ~.nd ~here are no represen~tions. ~rmnttes or undedaklngs m~de omar ~n as set fo~h herein. Th
a0mement may be amended, modified or term noted cnn In writing, signed by each o~ the parUes hereto,
Information
Build On
~.ngjne~r~ng · Cansult~ng ~ T~ing
fuly 23, 2003
Carter & Burgess, Inc,
55 Waugh' Drive
Houston, TX 77007
Attention: Mr. Vernon Webb
Ph: (71.3) 869-7900
Direct Line:(713)803 2316
Fax: (713) 869-5502
Dear Mr. Webb:
Professional Sew[ce Industries, Inc. (PSI) appreciates the opportun.ity to submit its proposal for
Geotecl'mical Engineering, and a cost estimate for Materials Testing and Inspection services for a
thirteen hundred feet (eight inch sani. tary sewer line)
~lease be'aware that although our Geotechnical proposal (,truth. ed) is a firm amount, our
materials testing and inspection number is only an estimate.
As you are aware, without plans, specifications, testing frequencies and construction schedules, it
is impossible to "nail down" materials testing and inspection fees. However, we are very
comfortable, based on our experience with projects similar in both size and scope, to offer an
estimate o:f forty-three hundred dollars ($5,300.00) (Geoteehnical Fees Separate), to provide
testing and inspection for concrete and soil compaction.
We will, of course, si.t down with you and prepare a detailed testing and inspection protocol
when the project plans and specifications become available.
We trust that this submittal is sufficient for your needs and look forward to working with you on
this important project. If you have any questions or if we can be of any other service, please do
not hesitate to call us at 713.224-2047.
Respectfully submitted,
C'~ ~
Proj cci. Specialist
Senior Vice President