Loading...
R99-070 12-23-99 No ActionPASSED - NO ACTION TAKEN 09-13-99 RESOLUTION NO. R99-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH CARTER & BURGESS, INC. FOR PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR THE FITE/HARKEY/MAGNOLIA SEWER LINE, THE HARKEY ROAD/RAVENWOOD SEWER LINE, AND THE MCHARD ROAD SEWER LINE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and Carter & Burgess, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached agreement for and on behalf of the City of Pearland, for preparation of final plans and specifications for the Fite/Harkey/Magnolia sewer line, the Harkey Road/Ravenwood sewer line, and the McHard Road sewer line. PASSED, APPROVED and ADOPTED this the day of , A.D., 1999. ATTEST: TOM REID MAYOR YOUNG LORFING CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 1998 State Revolving Fund Loan 09/23/99 Account # Project 9600-560.15 & .20 LegallFiseallLoan Origination 9600-565.01 Planning (All Projeots) Original Expended SRF to Date Revised Bud~let 08/31/99 Estimate 425,000 406,048 406,048 114,400 71,172 114,400 Estimated Remaining (o) 43,228 Under (Over) SRF Bud~let 18,952 0 9601 West LealRavenwood Engineering 95,000 112,650 Special Services 36,000 36,060 Geotechnical 5,000 12,997 Right of Way (Cost in Fite~Harkey) 0 0 Construction 1,725,000 1,442,705 Contingency 225 120 130,230 Subtotal 2,086,120 31,560 1,734,642 1,703,082 351,478 Far Northwest Trunk Sewer Engineering Special Services Geotechnical Right of Way Construction Contingency Subtotal 236,250 235,620 11,400 63,000 4,000 25,875 0 TBD 3,500,000 3,500,000 455,480 316,001 4,207,130 31,560 4,140,496 4,108,936 66,634 9603 Barry Rose WWTP Engineering Special Services Construction Contingency Subtotal 6,000 38,000 0 0 475,000 626,000 58,480 59,760 539,480 0 723,760 723,760 (184,280) 9604 Longwood WWTP Engineering Special Services Construction Contingency Subtotal 12,500 48,500 10,000 0 1,025,000 1,683,000 127600 155,835 1,175,100 0 1,887,335 1,887,335 (712,235) 9605 Fite-Harkey Interoepter(l) Engineering Special Services Geotechnical Right of Way (plus property cost) Construction Contingency Subtotal 215,000 253,370 86,000 56,825 15,000 23,937 0 261,055 3,309,000 3,538,455 436,800 61,387 4,061,800 90,095 4,195,029 4,104,934 (133,229) 9606 Cullen Sewer Extension/Westgate L8 Engineering Special Services Geotechnical Right of Way Construction Contingency Subtotal 72,000 25,140 42,000 42,000 7,500 7,500 0 0 800,000 389,631 112 400 41,784 1,033,900 0 506,055 506,055 527,845 9607 Inflow/Infiltration Correofion Engineering Special Services Construction Contingency Subtotal 70,000 0 0 0 3,000,000 3,000,000 369,600 0 3,439,600 0 3,000,000 3,000,000 439,600 Constru=flonlnspeeflon Two ~lltimeinspectom ~rtwoyeam Round OfflConfin~enoy(t) To~l 0 0 149,760 149,760 17,470 0 242,475 242,475 17,100,000 630,435 17,100,000 16,469,565 (149,760) (225,005) (o) (1) FM 518 extension on hold pending availability of funds as other projects complete. Consulting Engineers · Geotechnical · Environmental · Construction Materials Testing AUSTIN · DALLAS · FORT WORTH · HOUSTON · LONGVIEW · LUBBOCK Mr. John Hargrove, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581 TMI Proposal: P99-5179-HE July 22, 1999 Phone: (281) 652-1631 Fax: (281) 652-1702 RE: PROPOSALFOR GEOTECHNICALINVESTIGATION PROPOSEDSANITARYSEWERSYSTEM HARKEYSERVICEAREA PEARLAND, TEXAS Dear Mr. Hargrove: TERRA-MAR, Inc. (TMI) is pleased to submit the following proposal to perform a geotechnical study for the proposed Sanitary Sewer System, Harkey Service Area in Pearland, Texas (Key Map 614 U, X, and Y). This proposal presents our scope of services, schedule and estimated fee to provide a geotechnical report for this projeCt. PROJECT DESCRIPTION We visited the proposed location of the sanitary sewer lines to inspect the general area and unique conditions that are summarized in the following Table 1. It should be noted that Harkey Road South is a 2-lane narrow fairly busy thoroughfare with existing shallow ditches on both sides and without any pavement shoulders. TABLE 1 - Site Observations Approximate Location of Sewer Line Length of Sewer Line Site Ovservations (ft) Underdeveloped area to be Along proposed Quail Run (Developing 500 used for subdivision subdivision's interior drive) development Along Existing Ravenwood Drive (Developing 2-lane concrete road (not subdivision's interior drive) 2,000 requiring safety barricades) Along existing Harkey Road between Proposed 2-lane asphalt road (busy Magnolia Road and Ravenwood Drive 4,700 feet thoroughfare requiring traffic control and safety barricades) \\TMI-HOUSTON~DATA~ItE~PROPOSAL~PROP.99~P995179~P995179.DOC 7220 Langtry, Houston. Texas 77040-6698 Phone: (713) 462-7211 Fax: (713) 462-2161 Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5179-HE September 22, 1999 Page 2 of 5 PROJECT INFORMATION TMI has been provided with the following information that has allowed us to provide this proposal for our services: · Street map showing the planned route and tupe of the proposed sanitary sewer lines · Flowline Depths along Harkey 'Road South, Ravenwood Drive and proposed Quail Run. PURPOSE The purpose of the geotechnical exploration will be to evaluate the subsurface soil conditions in the area encompassed by the project and develop engineering design parameters and recommendations for design and construction of the proposed sanitary sewer system. SCOPE OF SERVICES Field Investigation Based upon the information received, We propose to explore subsurface conditions by drilling and sampling 17 geotechnical borings at the project site as described in the following Table 2: Proposed boring locations are {hown in the street map attached here in with the proposal. TABLE 2 - Field Operations Borehole Number Approximate Proposed Borehole Traffic Control Flowline Depth (ft) Depth (ft) Requirement B-1 11 16 not required B-2 13 18 not required B-3 14 19 not required B-4 and B-5 15 20 not required B-6 and B-7 17 22 Required B-4 and B-5 15 20 not required B-6 and B-7 17 22 Required B-8 through B-10 18 23 Required B-l 1 through B-14 19 24 Required B-15 through B-17 20 25 Required ~ Approximately I boring per 300 linear feet are proposed to be drilled/sampled near the "sand pit" area at the southeast corner of the intersection of Harkey Road South and Magnolia Road (as shown in attached figure). And I boring per 500 linear feet are proposed to be drilled/sampled in accordance with the typical minimum number of borings recommended for utilities (1 boring per 500 linear feet). The borings will be drilled to depths ranging from 16 to 25 feet for the purpose of drilling/sampling a \\TMI-HOUSTON~DATA\HE~PROPOSAL~PROP-99~P995179kP995179.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5179-HE September 22, 1999 Page 3 of 5 minimum of 5 feet below the proposed utilities' flowline. The total drilling footage is 377. The proposed locations of the borings are shown on the attached drawing. If during our field investigation we found that site soil conditions between two consecutive borings were highly variable (i.e. one boring is all clay and the next boring is all wet sand) TMI will inform the responsible engineer and ask for authorization to drill/sample an additional boring between these two consecutive borings. Soil samples will be obtained continuously to a depth of ten feet, and at 5-foot intervals thereafter until boring termination. Granular soil sampling will be performed utilizing the standard penetration test (SPT) using split spoon sampler. Cohesive soils will be sampled using a thin walled sampler. The boreholes will be backfilled with soil cuttings after the completion of field investigation. Laboratory Testing Laboratory tests will be performed on selected soil samples to develop the engineering properties of the soil. These tests may include pocket penetrometer, unconfined compression, in situ moisture, liquid and plastic limits, and percent material passing No. 200 sieve, as appropriate. Engineering Analyses and Report The field and laboratory data will be evaluated to develop recommendations to guide design and construction of the proposed utilities. The results of the study will be presented in an engineering report that will included the following: 1. Logs of boring, boring site plan, water level data and laboratory test results. 2. Provide the boring logs in AutoCAD file format. 3. 4. Cross Sections showing the soil profile along the utility lines. Recommendations for utility lines embedment, backfill, excavation and dewatering requirement, and temporary bracing and shoring requirements in accordance with OSHA. Recommendations for trenchless utility construction. Recommendations to reduce foreseeable construction problems. Three copies of the geotechnical report will be submitted, unless otherwise requested. LIMITATIONS The proposed geotechnical investigation to be conducted at the project site will not include any environmental sampling or identification of faults. The results and evaluations contained in the final geotechnical report will be based on samples obtained from a discrete number of soil test borings, accepted engineering practices, and the professional judgement of TMI personnel. \\TMI-HOUSTON~DATA~HE~PROPOSAL~PROP-99~995179LP995179.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5179-HE September 22, 1999 Page 4 of 5 SCHEDULING Based on our current workload we anticipate that field explorations can be commenced within 2 business days subsequent to our receiving your formal authorization to proceed. We anticipate that the field explorations will take 2 days assuming weather conditions will permit, laboratory testing will require about 5 business days, and engineering analyses and report preparation will require approximately 7 business days. Consequently, we anticipate our report could be submitted within approximately 3 weeks, subsequent to receiving your formal authorization to proceed. The recommendations will be provided' to the civil/structural engineers, as they become available via written short summary of recommendations, verbal discussions, and meetings as required before the final geotechnical report is issued. LUMP SUM FEE We propose to perform this geotechnical evaluation for a fee of $ '12,997 provided the geotechnical borings were drilled/sampled as planned above. If additional borings were authorized during our field investigation then each boring will be billed at an additional cost of $675.00 per boring. Our invoice will be submitted along with our final report and we request payment within 30 days. The fee outlined in this proposal will be valid for a period for 60 days. Subsequent to that time, adjustments may be required. CLIENT RESPONSIBILITIES TMI requests that you provide the following information prior to the site visit and our site activities: · Formal authorization is required and may be provided by signing and returning one copy of the attached Professional Services Agreement for our files. · Name and telephone number of a responsible client contact, if other than yourself. · Any environmental, geologic, hydrological report previously prepared for the study area, which you have access. Information regarding any similar report currently being undertaken. · Plans, specifications, or architectural drawings for the structure proposed for the subject property. · Any restrictions or limitations to, 'or requirements for, site access to be adhered to by TMI personnel. · Any constraints regarding confidentiality of information provided by you or relation to the operations currently conducted at the subject property. In addition, specific direction should be given pertaining to the confidentiality concerns of other parties involved. CLOSURE During the course of our studies we would be protected by Workman's Compensation insurance and personal and public property damage liability insurance. We appreciate the opportunity to work with you and look forward to providing construction material testing services during the construction phase of this project. \\TM 1 - HOUSTON~DATA~I E~PROPOSALLPROP-99~°995179~P995179.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5179-HE September 22, 1999 Page 5 of 5 Should you have any questions concerning this proposal or other services we can provide, we will be pleased to discuss them with you. Yours very truly, TERRA-MAR, Inc. Fouad Hammoud, R~. Senior Geotechnical Engineer Enclosure: Professiona/ Services Agreement Project Estimate Street Map showing Proposed Boring Locations and depths CC: Carter Burgess, Mr. Vernon H. Webb, E.I. T. \\TMI-HOUSTON'~DATA~-IE~PROPOSAL~ROP-99'd)995179'uu995179.DOC PROPOSAL ACCEPTANCE AGREEMENT Description of Services Project Name: Project Location: TERRA-MAR Proposal #: Geotechnical Investigation Proposed Sanitary Sewer System Harkey Service Area, Pearland, Texas P99-5179-HE APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to: Firm: Attention: Title: Address: City: State: ziP: Telephone: Fax: By my signature below, I hereby warrant that I am duly authorized to execute this Proposal Acceptance Agreement, which includes the Attachment(s) specified below, on behalf of the above named firm. PROPOSAL ACCEPTED BY: (Signature) (Print Name) TITLE: DATE ACCEPTED: PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing. PROPERTY OWNER IDENTIFICATION (If other than above): Name: Address: City: State: Zip: Telephone: Fax: SPECIAL PROVISIONS: Please note that TERRA-MAR reserves the right to withhold all reports until such time as TERRA-MAR receives a signed Proposal Acceptance Agreement or other written authorization referencing this Proposal Acceptance Agreement with its Attachment (the Professional Services * General Terms and Conditions indicated below) in its entirety. This Proposal Acceptance Agreement, together with TERRA-MAR'S Proposal, Unit Fee Schedule, and the attached General Terms and Conditions specified below, constitutes the entire Agreement between the Client and TERRA-MAR and supersedes all prior written or verbal understandings. [] [] [] Environmental Engineering Services * General Terms and Conditions Geotechnical Engineering Services ,, General Terms and Conditions Construction Materials Engineering Laboratory Inspection and Materials Testing Services · General Terms and Conditions Other (describe): Environmental Services · Geotechnical Engineering · Construction Materials Engineering and Testing DALLAS · FORT WORTH · HOUSTON · AUSTIN · LONGVlEW J:Admin\Forms\PAAclree.doc * Revised 2-10-99 TERRA-FtAR, INC. PROFESSIONAL SERVICES * GENERAL TERMS AND CONDITIONS GEOTECHNICAL ENGINEERING SERVICES The General Terms and Conditions agreed to by the parties are as follows: 1. PARTIES: Terra-Mar, Inc. (hereinafter "TMI") refers to the company performing the scope of work described herein and detailed in the TMI Proposal. "Client" refers to the person or business entity ordering the scope of work to be performed by TMI. If the Client is ordering work on behalf of another, Client represents and warrants that it is the duly authorized agent of the party that will benefit from the work. Unless otherwise stated in writing, Client assumes sole responsibility for the sufficiency of the work ordered. Client shall communicate these General Terms and Conditions to any third party to whom Client transmits any part of TMI's work. After execution of the Proposal Acceptance Agreement to which these General Terms and Conditions are attached and made a part thereto, TMI shall have no duty or obligation to any third party greater than that set forth in these General Terms and Conditions. 2. SCOPE OF WORK: "Work" means the specific environmental, geotechnical, analytical, testing or other service to be performed by TMI as set forth in TMI's Proposal, previously referenced herein and made a part hereof. 3. TESTS AND INSPECTIONS: Client shall ensure that all tests and inspections of the site, all materials provided, and work performed by others are delivered in a timely manner in accordance with the plans, specifications, contract documents, and TMI's recommendations. No claims for loss, damage or injury shall be brought against TMI by Client or any third party unless all reviews, tests and inspections have been so performed and unless TMI's recommendations have been followed. Client agrees to indemnify, defend and hold TMI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including but not limited to, court costs and reasonable attorney's fees in the event that all such reviews, tests, and inspections are not so performed or TMI's recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act, or omission of TMI, its officers, agents or employees. 4. SCHEDULING OF WORK: The services set forth in the. Proposal will be accomplished in a timely, workmanlike and professional manner by TMI personnel or authorized subcontractors. If TMI is required to delay commencement of work or if, upon undertaking work, TMI is required to halt work due to changes in the scope of work, interruptions in other aspects of the Project, or other causes beyond the reasonable control of TMI, additional charges will be applicable and payable by the Client. 5. ACCESS TO SITE: Client will provide access to the site for TMI to perform the work. TMI shall take reasonable measures to minimize damage to the site and any improvements as the result of its work; however, TMI has not included in its fee the cost of restoration of damage which may occur. TMI will restore the site to its former condition, upon written request from Client that provides for payment to TMI for the cost thereof. 6. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless TMI assumes in writing the responsibility of locating subsurface or latent conditions, Client agrees to indemnify and save TMI harmless from all claims, suits, losses, cost and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to TMI's performance of its work and arising from subsurface or latent conditions, or damage to subsurface or latent objects, structures, lines or conduits where the actual presence and location thereof was not revealed to TMI by Client. 7. CONFIDENTIALITY: During the Project, TMI and its employees may obtain, directly or indirectly, secret and confidential information considered proprietary by Client. TMI agrees, on behalf of itself and its employees, to maintain the confidentiality of information formally designated as proprietary by the Client unless directed by Client in writing to disclose the information to others. 8. RESPONSIBILITY: TMI's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. TMI will not be responsible for evaluating, repoding or affecting job conditions relative to the health, safety or welfare of any persons other than its own employees. TMI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the Contract documents. 9. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of the test. All drilling samples or specimens will be disposed of sixty (60) days after submission of TMI's repod. All archaeological samples will be returned to Client for permanent curation following submittal of TMI's final report. 10. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen percent (18%) per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client agrees to pay TMI's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. J:Admin\Forms\DE 50k T&Cs.doc * ! of 2 Revised 1-19-99 TERRA-MAR, INC. Remedies available to TMI for collection of amounts due, including mechanic's liens, shall not be limited by any contractual provision or other agreement that is not specifically made a part of this Agreement. 11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days' prior written notice. In the event of termination, TMI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place TMI's files in order and/or to protect its professional reputation. 12. WARRANTY: TMI's services will be performed, its findings obtained, and its reports prepared in accordance with the Proposal which has been mutually agreed upon as well as these General Terms and Conditions. In performing its professional services, TMI will stdve to perform services under these General Terms and Conditions in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This warranty is in lieu of all other warranties, either express or implied. Should TMI, or any of its professional employees, be found to have been negligent in the performance of professional services or to have breached the express warranty made herein, Client and all third parties claiming through Client agree that the maximum aggregate liability of TMI and its employees shall be limited to $50,000.00 or the amount of the fee paid to TMI for professional services with respect to the Project, whichever amount is less. In the event that Client does not agree to restrict professional liability to $50,000.00 or to the total amount of the fee paid to TMI with respect to the Project, whichever is less, Client agrees to pay for the actual cost of the additional desired insurance coverage, if such insurance is available. '13. INSURANCE AND INDEMNITY: TMI agrees to carry the following liability insurance: Statutory Workers' Compensation and Employers' Liability, Comprehensive General Liability, and Comprehensive Automobile Liability. TMI will furnish certificates of insurance on request. To the extent of the coverage limits maintained by TMI and subject to the exclusions therein and the amount of the claims paid by such insurance, TMI agrees to indemnify and hold Client harmless from all losses, claims, demands, causes of action, and suits arising out of the willful or negligent acts of TMI, its officers, agents, employees, or subcontractors, in performing professional services at the worksite, in furnishing and using equipment and materials at the worksite, or in traveling to and from the worksite. If Client specifically requires additional insurance coverage, TMI will obtain the specific insurance coverage (if procural~le) at Client's expense. TMI does not indemnify Client for damage arising out of Client's independent use of TMI data, advice, recommendations and reports. 14. AGREEMENT TO ARBITRATE: All disputes related directly or indirectly to any aspect of this contract, work related to this contract, or to any matter in this contractual relationship, shall be arbitrated pursuant to and by the American Arbitration Association in Dallas, Texas. `15. PRIORITY OF DOCUMENTS: These General Terms and Conditions, together with the Proposal Acceptance Agreement and associated documents, shall control over any conflicting provisions within purchase orders, work orders, letters of intent, or other similar documents. 16. APPLICABLE LAW: These General Terms and Conditions shall be governed by and construed according to the laws of the State of Texas. The venue for all claims asserted under these General Terms and Conditions shall be Dallas County, Texas. END OF DOCUMENT J:Admin\Forms\DE 50k T&Cs.doc * 2 of 2 Revised I- 19-99 TERRA-MAR ATTACHMENT PROJECT ESTIMATE - (Not to Exceed) Geotechnical Investigation Proposed Sanitary Sewer System Harkey Service Area Pe~rland, Texas TMI PROPOSAL NO. P99:5179-HE DATE: September 22, 1999 :i~i:!:!:!:!:!:!:!:!:!~i:!:!:~:!:!::::::::::::::::::::::::::::::::::::::::::::::~::::~:~::::::::::::::::::::::::::::::::::~:~:::~:~:::~:~:::::~:::::::::::::::::::::::::~:~:::;:::~:~:::~:~:::~::::::::::~::~:::::~::::::::::::::::::::::::::::::::: FIELD INVESTIGATION: 1, 16' 1, 18', 1, 19', 2, 20', 2, 22', 3, 23', 4, 24', & 3, 25' Borings Total Drilling Footage = 377 Mobilization $250.00 lump sum I $250.00 Drilling/Sampling/Logging $11.00 foot 377 $4,147.00 Field Engineer $50.00 hour 4 $200.00 Flagman/Technician for Traffic Control $30.00 hour 12 $360.00 LABORATORY SERVICES Atterberg Limits (ASTM D 4318) Moisture Content (ASTM 2216) Unconfined Compression (ASTM D 2166) percent material passing No. 200 sieve (ASTM D 1140) OFFICE SERVlCES Senior Geotechnical Engineer Project Engineer Draftsman & Engineering Aide Report Reproduction (3) SUBTOTAL $4,957.00 $40.00 each 34 $1,360.00 $4.00 each 50 $200.00 $30.00 each 34 $1,020.00 $25.00 each' 34 $850.00 SUBTOTAL $3,430.00 $105.00 hour 16 $1,680.00 $65.00 hour 40 $2,600.00 $40.00 hour 6 $240.00 $30.00 Un~ 3 $90.00 SUBTOTAL $4,610.00 TOTAL, NOT TO EXCEED: $12,997.00 j :~he~proposal~pro-99~P995179.XLSP995179 Consulting Engineers · Geotechnical · Environmental · Construction Materials Testing AJJSTIN · DAM.AS · FORT WORTH · HOUSTON · LONGVIEW · LUBBOCK Mr. John Hargrove, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581 TMI Proposal: P99-5177-HE September 22, 1999 Phone: (281) 652-1631 Fax: (281 ) 652-1702 RE: PROPOSAL FOR GEOTECHNICAL INVESTIGATION PROPOSED SANITARY SEWER SYSTEM SHADOW CREEK RANCH PARKWAY (MCHARD ROADIF.M. 2234) PEARLAND, TEXAS Dear Mr. Hargrove: TERRA-MAR, Inc. (TMI) is pleased to submit the following proposal to perform a geotechnical study for the proposed Sanitary Sewer System along Shadow Creek Ranch Parkway (McHard Road/EM. 2234) in Pearland, Texas (Key Map 612 E, F, G, and H). This proposal presents our scope of services, schedule, and estimated fee to provide a geotechnical investigation report for this project. PROJECT DESCRIPTION We have visited the site of the proposed sanitary sewer lines to inspect the general area and to help prepare the following work scope/schedule/budget. TABLE 1 - Site Observations Approximate Location of Sewer Line Length of Site Observations Sewer Line (ft) ~ Along Shadow Creek Ranch Parkway (McHard Busy thoroughfare which Road/F.M 22234) from Fort Bend/Brazoria shoulders wide enough to County line to about 1,500 feet west of State 10,275 perform the drilling Highway 288 operations but will require traffic control Along C.R. 48/Almeda School Road from the intersection with Shadow Creek Ranch Parkway (McHard Road/F.M. 2234) to about 1,550 Existing gravel road 1,550 feet south of the intersection \\TMI-HOUSTON~DATA~H E~PROPOSALkPROP-99kP995177~r~995177R.DOC 7220Langtry. Houston, Texas 77040-6698 Phone:(713) 462-7211 Fax: (713) 462-2161 Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5177-HE September 22, 1999 Page 2 of 5 TABLE 1 - Site Observations (Continued) Approximate Location of Sewer Line Length of Site Observations Sewer Line (ft) ^ion§ Unnamed Road intersecting with Shadow Creek Ranch Parkway (McHard Open field with scattered Road/F.M. 2234) located about 3,350 feet east 500 of C.R. 48/Almeda School Road (from Shadow trees Creek Ranch Parkway to about 500 feet north) Heavily wooded area from Along proposed Kirby Drive from the Shadow Creek Ranch intersection of Shadow Creek Ranch Parkway 1,370 Parkway to about 300 feet (McHard Road/F.M. 2234) to about 1,370 feet south and open farm land south afterwards (may require farm owners' permission) PROJECT INFORMATION TMI has been provided with the following information from Carter Burgess that has assisted us in determining the Boring depths provide in this work scope: · Site map showing the planned route and type of the proposed sanitary sewer lines, and · Flowline Depths along Shadow Creek Ranch Parkway (McHard Road/EM 2234). In addition, we will use the boring data available from TMI's previous preliminary geotechnical investigation (TMI Project No. HE98-016) performed near the proposed site, as appropriate. PURPOSE The purpose of the geotechnical exploration will be to evaluate the subsurface soil conditions in the area encompassed by the project and develop engineering design parameters and recommendations for design and construction of the proposed sanitary sewer system. SCOPE OF SERVICES Field Investigation Based upon the information received, We propose to explore subsurface conditions by drilling and sampling 29 geotechnical Borings at the project site as described in the following Table 2: Proposed Boring locations and depths are shown in the attached site map. TABLE 2 - Field Operations Approximate Flowline Proposed Rorehole Borehole Number Project structure Depth (ft) Depth (ft) B,I 18" pipeline 19' 24 \XTMI-HOUSTON~,DATA\HE~PROPOSAL~ROP-99~995177~995177R.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Peafland, Texas 77581 Proposal: P99-5177*HE September 22, 1999 Page 3 of 5 TA 3LE 2 - Field Operations Continued) Borehole Number Project structure Approximate Flowline Proposed Borehole Depth (ft) Depth (fi) B-2, B-3, and B-4 18" pipeline 20 25 B-5 36'718" pipeline 21 26 B-6, B-7, and B-8 36" pipeline 20* 25 B-9 36" pipeline 24 29 B-10, B-11, B-12, and B-13 36" pipeline 23 28 B-14 54"/36" pipeline 25 30 B-t5 54" pipeline -- 35 B-16 and B-17 36" pipeline 23 28 B-I 8 36" pipeline 22 27 B-19 36" pipeline 21 26 B-20 36"/30" pipeline 18 23 B-21, B-22, and B-23 30" pipeline 18' 23 B-24 and B-25 15" pipeline 17 22 B-26 15" pipeline 16 21 B-27 15" pipeline 15 20 Assumed flowline depth Approximately 1 boring per 500 to 550 linear feet will be drilled/sampled in accordance with the typical minimum number of borings recommended for utilities (1 boring per 500 linear feet). The Boring depths are determined by adding 5 feet to the proposed utilities' flowline. The total drilling footage is 692 feet. The proposed locations of the borings are shown on the attached drawing. If during our field investigation we found that site soil conditions between two consecutive borings were highly variable (i.e. one boring is all clay and the next boring is all wet sand) TMI will inform the responsible engineer and ask for authorization to drill/sample an additional boring between these two consecutive borings. Soil samples will be obtained continuously to a depth of ten feet, and on 5-foot intervals thereafter until boring termination. Granular soil sampling will be performed utilizing the standard penetration test (SPT) using split spoon sampler. Cohesive soils will be sampled using a thin walled sampler. The boreholes will be backfilled with soil cuttings after the completion of field investigation. Laboratory Testing Laboratory tests will be performed on selected soil samples to develop the engineering properties of the soil. These tests may include pocket penetrometer, unconfined \\TMI-HOUSTON'xDAT A'xHE'xPROPOSAL~PROP-99'~'995177~P995177R.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5177-HE September 22, 1999 Page 4 of 5 compression, in situ moisture content, liquid and plastic limits, and percent material passing the No. 200 sieve, as appropriate. Engineering Analyses and Report The field and laboratory data will be evaluated to develop recommendations to guide design and construction of the proposed utilities. The results of the study will be presented in an engineering report that will included the following: 1. Logs of boring, boring site plan, water level data and laboratory test results. 2. Provide the boring logs in AutoCAD file format. 3. Cross Sections showing the soil profile along the utility lines. 4. Recommendations for utility lines embedment, backfill, excavation and dewatering requirement, and temporary bracing and shoring requirements in accordance with OSHA. 5. Recommendations for trenchless utility construction. 6. Recommendations to reduce foreseeable construction problems. Three copies of the geotechnical report will be submitted, unless otherwise requested. LIMITATIONS The proposed geotechnical investigation to be conducted at the project site will not include any environmental sampling or identification of faults. The results and evaluations contained in the final geotechnical report will be based on samples obtained from a discrete number of soil test borings, accepted engineering practices, and the professional judgement of TMI personnel. SCHEDULING Based on our current workload we anticipate that field explorations can be commenced within 2 business days subsequent to our receiving your formal authorization to proceed. We anticipate that the field explorations will take 3 to 4 days assuming weather conditions will permit, laboratory testing will require about 10 business days, and engineering analyses and report preparation will require approximately 8 business days. Consequently, we anticipate our report could be submitted within approximately 4 to 5 weeks, subsequent to receiving your formal authorization to proceed. The recommendations will be provided to the civil engineers, as they become available via written short summary of recommendations, verbal discussions, and meetings as required before the final geotechnical report is issued. LUMP SUM FEE We propose to perform this geotechnical evaluation for a fee of $ 24,526 provided the geotechnical borings were drilled/sampled as planned above. If additional borings were authorized during our field investigation then each boring will be billed at an additional cost of $675..00 per boring. Our invoice will be submitted along with our final report and we request payment within 30 days. The fee outlined in this proposal will be valid for a period for 60 days. Subsequent to that time, adjustments may be required. \\TMI-HO USTON~DATA~ItE~PROPOS AL~PROP-99xJ)995177~'995177R.DOC Mr. John Hargrove. PE City Engineer City of Peadand 3518 Liberty Drive Pearland. Texas 77581 Proposal: P99-5177-HE September 22. 1999 Page 5 of 5 CLIENT RESPONSIBILITIES TMI requests that you provide the following information prior to the site visit and our site activities: · Formal authorization is required and may be provided by signing and returning one copy of the attached Professional Services Agreement for our files. · Name and telephone number.of a responsible client contact, if other than yourself. · Any environmental, geologic, hydrological report previously prepared for the study area, which you have access. Information regarding any similar report currently being undertaken. · Plans, specifications, or architectural drawings for the structure proposed for the subject property. · Any restrictions or limitations to, or requirements for, site access to be adhered to by TMI personnel. · Any constraints regarding confidentiality of information provided by you or relation to the operations currently conducted at the subject property. In addition, specific direction should be giVen pertaining to the confidentiality concerns of other parties involved. CLOSURE During the course of our studies we would be protected by Workman's Compensation insurance and personal and public property damage liability insurance. We appreciate the opportunity to work with you and look forward to providing construction material testing services during the construction phase of this project. Should you have any questions concerning this proposal or other services we can provide, we will be pleased to discuss them with you. Yours very truly, Fouad Hammoud, P.E. Senior Geotechnical Engineer Enclosure: Professional Services Agreement Project Estimate Street Map showing Proposed Bodng Locations CC: Carter Burgess, Mr. Vernon H. Webb, E.I. T. \\TMI'H OU STON~DATA~HE~PROPOSAL~ROP-99'~:)95177'd'~995177R.DOC PROPOSAL ACCEPTANCE AGREEMENT Description of Services Project Name: Project Location: TERRA-MAR Proposal #: Geotechnical Investigation Proposed Sanitary Sewer System Shadow Creek Ranch Parkway (McHard Road/FM 2234), Pearland, Texas P99-5177-H E APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to: Firm: Attention: Title: Address: City: State: ziP: Telephone: Fax: By my signature below, I hereby warrant that I am duly authorized to execute this Proposal Acceptance Agreement, which includes the Attachment(s) specified below, on behalf of the above named firm. PROPOSAL ACCEPTED BY: (Signature) (Print Name) TITLE: DATE ACCEPTED: PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing. PROPERTY OWNER IDENTIFICATION (If other than above): Name: Address: City: State: Zip: Telephone: Fax: SPECIAL PROVISIONS: Please note that TERRA-MAR reserves the right to withhold all reports until such time as TERRA-MAR receives a signed Proposal Acceptance Agreement or other written authorization referencing this Proposal Acceptance Agreement with its Attachment (the Professional Services ,, General Terms and Conditions indicated below) in its entirety. This Proposal Acceptance Agreement, together with TERRA-MAR'S Proposal, Unit Fee Schedule, and the attached General Terms and Conditions specified below, constitutes the entire Agreement between the Client and TERRA-MAR and supersedes all prior written or verbal understandings. [] [] [] Environmental Engineering Services ,, General Terms and Conditions Geotechnical Engineering Services .. General Terms and Conditions Construction Materials Engineering Laboratory Inspection and Materials Testing Services ,, General Terms and Conditions Other (describe): Environmental Services · Geotechnical Engineering · Construction Materials Engineering and Testing DALLAS · FORT WORTH · HOUSTON · AUSTIN · LONGVIEW J:Admin\Forms\PAAaree.doc * Revised 2-10-99 TERRA-F4AR, INC. PROFESSIONAL SERVICES * GENERAL TERMS AND CONDITIONS GEOTECHNICAL ENGINEERING SERVICES The General Terms and Conditions agreed to by the parties are as follows: 1. PARTIES: Terra-Mar, Inc. (hereinafter "TMI") refers to the company performing the scope of work described herein and detailed in the TMI Proposal.' "Client" refers to the person or business entity ordering the scope of work to be performed by TMI. If the Client is ordering work on behalf of another, Client represents and warrants that it is the duly authorized agent of the party that will benefit from .the work. Unless otherwise stated in writing, Client assumes sole responsibility for the sufficiency of the work ordered. Client shall communicate these General Terms and Conditions to any third party to whom Client transmits any part of TMI's work. After execution of the Proposal Acceptance Agreement to which these General Terms and Conditions are attached and made a part thereto, TMI shall have no duty or obligation to any third party greater than that set forth in these General Terms and Conditions. 2. SCOPE OF WORK: "Work" means the specific environmental, geotechnical, analytical, testing or other service to be performed by TMI as set forth in TMI's Proposal, previously referenced herein and made a part hereof. 3. TESTS AND INSPECTIONS: Client shall ensure that all tests and inspections of the site, all materials provided, and work performed by others are delivered in a timely manner in accordance with the plans, specifications, contract documents, and TMI's recommendations. No claims for loss, damage or injury shall be brought against TMI by Client or any third party unless all reviews, tests and inspections have been so performed and unless TMI's recommendations have been followed. Client agrees to indemnify, defend and hold TMI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including but not limited to, court costs and reasonable attomey's fees in the event that all such reviews, tests, and inspections are not so performed or TMI's recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act, or omission of TMI, its officers, agents or employees. 4. SCHEDULING OF WORK: The services set forth in the Proposal will be accomplished in a timely, workmanlike and professional manner by TMI personnel or authorized subcontraa(~tors. If TMI is required to delay commencement of work or if, upon undertaking work, TMI is required to halt work due to changes in the scope of work, interruptions in other aspects of the Project, or other causes beyond the reasonable control of TMI, additional charges will be applicable and payable by the Client. 5. ACCESS TO SITE: Client will provide access to the site for TMI to perform the work. TMI shall take reasonable measures to minimize damage to the site and any improvements as the result of its work; however, TMI has not included in its fee the cost of restoration of damage which may occur. TMI will restore the site to its former condition, upon written request from Client that provides for payment to TMI for the cost thereof. 6. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless TMI assumes in writing the responsibility of locating subsurface or latent conditions, Client agrees to indemnify and save TMI harmless from all claims, suits, losses, coSt and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to TMI's performance of its work and arising from subsurface or latent conditions, or damage to subsurface or latent objects, structures, lines or conduits where the actual presence and location thereof was not revealed to TMI by Client. 7. CONFIDENTIALITY: During the Project, TMI and its employees may obtain, directly or indirectly, secret and confidential information conSidered proprietary by Client. TMI agrees, on behalf of itself and its employees, to maintain the confidentiality of information formally designated as proprietary by the Client unless directed by Client in writing to disclose the information to others. 8. RESPONSIBILITY: TMI's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. TMI will not be responsible for evaluating, reporting or affecting job conditions relative to the health, safety or welfare of any persons other than its own employees. TMI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the Contract documents. 9. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of the test. All drilling samples or specimens will be disposed of sixty (60) days after submission of TMI's report. All archaeological samples will be returned to Client for permanent curation following submittal of TMI's final report. 10. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen percent (18%) per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client agrees to pay TMI's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. J:Admin~Forms\DE 50k T&Cs.doc * ] Of 2 Revised 1-19-99 TERRA-klAR INC. ' Remedies available to TMI for collection of amounts due, including mechanic's liens, shall not be limited by any contractual provision or other agreement that is not specifically made a part of this Agreement. 11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days' prior written notice. In the event of termination, TMI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place TMI's files in order and/or to protect its professional reputation. 12. WARRANTY: TMI's services will be performed, its findings obtained, and its reports prepared in accordance with the Proposal which has been mutually agreed uPon as well as these General Terms and Conditions. In performing its professional services, TMI will strive to perform services under these General Terms and Conditions in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This warranty is in lieu of all other warranties, either express or implied. Should TMI, or any of its professional employees, be found to have been negligent in the performance of professional services or to have breached the express warranty made herein, Client and all third parties claiming through Client agree that the maximum aggregate liability of TMI and its employees shall be limited to $50,000.00 or the amount of the fee paid to TMI for professional services with respect to the Project, whichever amount is less. In the event that Client does not agree to restrict professional liability to $50,000.00 or to the total amount of the fee paid to TMI with respect to the Project, whichever is less, Client agrees to pay for the actual cost of the additional desired insurance coverage, if such insurance is available. t3. INSURANCE AND INDEMNITY: TMI agrees to carry the following liability insurance: Statutory Workers' Compensation and Employers' Liability, Comprehensive General Liability, and Comprehensive Automobile Liability. TMI will fumish certificates of insurance on request. To the extent of the coverage limits maintained by TMI and subject to the exclusions therein and the amount of the claims paid by such insurance, TMI agrees to indemnify and hold Client harmless from all losses, claims, demands, causes of action, and suits arising out of the willful or negligent acts of TMI, its officers, agents, employees, or subcontractors, in performing professional services at the worksite, in furnishing and using equipment and materials at the worksite, or in traveling to and from the worksite. If Client specifically requires additional insurance coverage, TMI will obtain the specific insurance.coverage (if procurable) at Client's expense. TMI does not indemnify Client for damage arising out of Client's independent use of TMI data, advice, recommendations and reports. 14. AGREEMENT TO ARBITRATE: All disputes related directly or indirectly to any aspect of this contract, work related to this contract, or to any matter in this contractual relationship, shall be arbitrated pursuant to and by the American Arbitration Association in Dallas, Texas. 15. PRIORITY OF DOCUMENTS: These General Terms and Conditions, together with the Proposal Acceptance Agreement and associated documents, shall control over any conflicting provisions within purchase orders, work orders, letters of intent, or other similar documents. 16. APPLICABLE LAW: These General Terms and Conditions shall be govemed by and construed according to the laws of the State of Texas. The venue for all claims asserted under these General Terms and Conditions shall be Dallas County, Texas. END OF DOCUMENT J:Admin\Forms\DE 50k T&Cs.doc * 2 of 2 Revised I- 19-99 TERRA-MAR ATTACHMENT PROJECT ESTIMATE - (Not to Exceed) Geotechnical Investigation Proposed Sanitary Sewer System Shadow Creek Ranch Parkway (McHard Road/FM 2234) Pearland, Texas TMI PROPOSAL NO. P99-5177-HE DATE: September 22, 1999 FIELD INVESTIGATION: 1, 20' 1, 21, 2, 22', 4, 23', 1, 24', 6, 25', 2, 26', 1, 27', 2, 28', 1, 29', 1' 30' & 1, 35' Borings Total Drilling Footage = 740 Mobilization/demobilization Drilling/Sampling/Logging Field Engineer Flagman/Technician for Traffic Control $250.00 lump sum 1 $250.00 $11.00 ~ 692 $7,612.00 $50.00 hour 30 $1,500.00 $30.00 hour 30 $900.00 LABORATORY SERVICES Atterberg Limits (ASTM D 4318) Moisture Content (ASTM 2216) Unconfined Compression (ASTM D 2166) percent matedal passing No. 200 sieve (ASTM D 1140) OFFICE SERVICES Senior Geotechnical Engineer Project Engineer Draftsman & Engineering Aide Report Reproduction (3) SUBTOTAL $10,262.00 $40.00 each 72 $2,880.00 $4.00 each 116 $464.00 $30.00 each 72 $2,160.00 $25.00 each 72 $1,800.00 SUBTOTAL $7,304.00 $105.00 hour 24 $2,520.00 $65.00 hour 62 $4,030.00 $40.00 hour 8 $320.00 $30.00 Un~ 3 $90.00 SUBTOTAL $6,960.00 TOTAL, NOT TO EXCEED: $24,526.00 j: ~he~proposal~pro-99~P995177.XLSP995177 Consulting Engineers · Geotechnical · Environmental · Construction Materials Testing AUSTIN · DALLAS · FORT WORTH · HOUSTON · LONGVIEW · LUBBOCK Mr. John Hargrove, P.E. City Engineer City of Pearland 3519 Liberty Drive Pearland, Texas 77581 TMI Proposal: P99-5178-HE September 22, 1999 Phone: (281) 652-1631 Fax: (281 ) 652-1702 RE: PROPOSAL FOR GEOTECHNICAL INVESTIGATION PROPOSED SANITARY SEWER SYSTEM FITE ROAD, HARKEY ROAD, AND MAGNOLIA ROAD PEARLAND, TEXAS Dear Mr. Webb: TERRA-MAR, Inc. (TMI) is pleased to submit the following proposal to perform a geotechnical study for the Proposed Sanitary Sewer System, Fite Road,.Harkey Road and Magnolia Road, in Pearland, Texas (Key Map 613 R and 614 N, I:', Q, and U). This proposal presents our scope of services, schedule and estimated fee to provide a geotechnical report for this project. PROJECT DESCRIPTION We have visited the site of the proposed sanitary sewer lines to inspect the general area and to help prepare the work scope/schedule/budget. TABLE 1 - Site Observations Approximate Location of Sewer Line Length of Site Ovservations Sewer Line (ft) Asphalt paved roadway with no shoulders. Along Fite Road from CR 89 to 10,624 Borings will be drilled in the existing Harkey Road asphalt pavement (will require traffic control to perform the drilling operations) Along Harkey Road from Fire Asphalt paved roadway with no shoulders. Borings will be drilled in the existing Road to Proposed Magnolia 2,471 asphalt pavement (will require traffic Road control to perform the drilling operations) J:~lE~PROPOSAL~PROP-99~P995178~P995178.DOC 7220 Langtry, Houston, Texas 77040-6698 Phone: {713} 462-7211 Fax: (713} 462-2161 Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5178-HE September 22, 1999 Page 2 of 5 PROJECT INFORMATION TMI has been provided with the following information from Carter Burgess that has assisted us in determining the Boring Depths provided in this work scope: · Site map showing the planned route and type of the proposed sanitary sewer lines, and · Flowline Depths along the sewer line route. PURPOSE The purpose of the geotechnical exploration will be to evaluate the subsurface soil conditions in the area encompassed by the project site and develop engineering design parameters and recommendations for design and construction of the proposed sanitary sewer system. SCOPE OF SERVICES Field Investigation Based upon the information' received, We propose to explore subsurface conditions by drilling and sampling 32 geotechnical borings at the project site as described in the following Table 2: TABLE 2 - Field Operations Approximate Proposed Borehole Number Station Project structure Flowline Depth Borehole Depth (ft) (ft) 149+55 and B-1 and B-2 144+00 24" pipeline 11 16 139+00 and B-3 and B-4 134+00 24" pipeline 12 17 113+00 to B-5 through B-9 129+00 24" pipeline 13 18 100+00 to B-'I0 through B,13 110+00 24" pipeline 14 19 B-14 96+00 30" pipeline 15 20 66+00 to B-15 through B-20 91 +00 30" pipeline 16 2'1 B-2'1 61+00 30" pipeline 17 22 47+00 to B-22 through B-24 55+00 30" pipeline 18 23 B-25 43+31 36" pipeline 21 26 39+00 and B-26 and B-27 34+00 36" pipeline 20 25 29+00 and B-28 and B-29 24+00 36" pipeline 21 26 J :~HE~PROPOSAL~PROP-99~m)95178~r'995178.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5178~HE September 22, 1999 Page 3 of 5 TABLE 2 - Field O 3erations (Continued) Approximate Proposed Borehole Number Station Project structure Flowline Depth Borehole Depth (ft) (ft) B-30 18+70 48" pipeline 22 27 15+60 and B-31 and B-32 13+60 48" pipeline 21 26 B-33 9+00 48" pipeline 22 27 Approximately I boring per 500 linear feet will be drilled/sampled in accordance with the typical minimum number of borings recommended for utilities. Along the portions of the sewer line adjacent to existing sand pits the boring spacing was reduced to about 300 feet. The Boring depths are determined by adding 5 feet to the proposed utilities' flowline. The total drilling footage is 677. The proposed locations of the borings are shown on the attached drawing. If during our field investigation we found that site soil conditions between two consecutive borings were highly variable (i.e. one boring is all claY and the next boring is all wet sand) TMI will inform the responsible engineer and ask for authorization to drill/sample an additional boring between these two consecutive borings. Soil samples will be obtained continuously to a depth of ten feet, and on 5-foot intervals thereafter until boring termination. Granular soil sampling will be performed utilizing the standard penetration test (SPT) using split spoon sampler. Cohesive soils will be sampled using a thin walled sampler. The boreholes will be backfilled with soil cuttings after the completion of field investigation. Laboratory Testing Laboratory tests will be performed on selected soil samples to develop the engineering properties of the soil. These tests may include pocket penetrometer, unconfined compression, in situ moisture content, liquid and plastic limits, and percent material passing the No. 200 sieve, as appropriate. Engineering Analyses and Report The field and laboratory data will be evaluated to develop recommendations to guide design and construction of the proposed utilities. The results of the study will be presented in an engineering report that will included the following: 1. Logs of boring, boring site plan, water level data and laboratory test results. 2. Provide the boring logs in AutoCAD file format. 3. Cross Sections showing the soil profile along the utility lines. 4. Recommendations for utility lines embedment, backfill, excavation and dewatering requirement, and temporary bracing and shoring requirements in accordance with OSHA. 5. Recommendations for trenchless utility construction. 6. Recommendations to reduce foreseeable construction problems. Three copies of the geotechnical report will be submitted, unless otherwise requested. J :~-IE~PROPOSAL~PROP-99h~995178~P995178.DOC Mr. John Hargrove, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99o5178-HE September 22, 1999 Page 4 of 5 LIMITATIONS The proposed geotechnical investigation to be conducted at the project site will not include any environmental sampling or identification of faults. The results and evaluations contained in the final geotechnical report will be based on samples obtained from a discrete number of soil test borings, accepted engineering practices, and the professional judgement of TMI personnel. SCHEDULING Based on our current workload we anticipate that field explorations can be commenced within 2 business days subsequent to our receiving your formal authorization to proceed. We anticipate that the field explorations will take 3 to 4 days assuming weather conditions will permit, laboratory testing will require about 9 business days, and engineering analyses and report preparation will require approximately 8 business days. Consequently, we anticipate our report could be submitted within approximately 4 to 5 weeks, subsequent to receiving your formal authorization to proceed. The recommendations will be provided to the civil/structural engineers, as they become available via written short summary of recommendations, verbal discussions, and meetings as required before the final geotechnical report is issued. LUMP SUM FEE We propose to perform this geotechnical evaluation for a fee of $ 23,937 provided the geotechnical borings were drilled/sampled as planned above. If additional borings were authorized during our field investigation then each boring will be billed at an additional cost of $675.00 per boring. Our invoice will be submitted along with our final report and we request payment within 30 days. The fee outlined in this proposal will be valid for a period for 60 days. Subsequent to that time, adjustments may be required. CLIENT RESPONSIBILITIES TMI requests that you provide the following information prior to the site visit and our site activities: · Formal authorization is required and may be provided by signing and returning one copy of the attached Professional Services Agreement for our files. · Name and telephone number of a responsible client contact, if other than yourself. · Any environmental, geologic, hydrological report previously prepared for the study area, which you have access. Information regarding any similar report currently being undertaken. · Plans, specifications, or architectural drawings for the structure proposed for the subject property. · Any restrictions or limitations to, or requirements for, site access to be adhered to by TMI personnel. · Any constraints regarding confidentiality of information provided by you or relation to the operations currently conducted at the subject property. In addition, specific direction should be given pertaining to the confidentiality concerns of other parties involved. J :~-IE'~PROPOSAL~RO P-99'ff'995178'ff~995178.DOC Mr. John Hargmve, PE City Engineer City of Pearland 3518 Liberty Drive Pearland, Texas 77581 Proposal: P99-5178-HE September 22, 1999 Page 5 of 5 CLOSURE During the course of our studies we would be protected by VVorkman's Compensation insurance and personal and public property damage liability insurance. We appreciate the opportunity to work with you and look forward to providing construction material testing services during the construction phase of this project. Should you have any questions concerning this proposal or other services we can provide, we will be pleased to discuss them with you. Yours very truly, TERRA-MAR, Inc. Fouad Hammoud, p.F. Senior Geotechnical Engineer Enclosure; Professional Services Agreement Project Estimate Street Map showing Proposed Boring Location CC: Carter Burgess, Mr. Vernon H. Webb, EIT J:~E~PROPOSAL~PROP-99h~995178~995178.DOC PROPOSAL ACCEPTANCE AGREEMENT Description of Services Project Name: Project Location: TERRA-MAR Proposal #: Geotechnical Investigation Proposed Sanitary Sewer System Fire Road, Harkey Road, and Magnolia Road, Pearland, Texas P99-5178-H E APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to: Firm: Attention: Title: Address: City: State: Zip: Telephone: Fax: By my signature below, I hereby warrant that I am duly authorized to execute this Proposal Acceptance Agreement, which includes the Attachment(s) specified below, on behalf of the above named firm. PROPOSAL ACCEPTED BY: (Signature) (Print Name) TITLE: DATE ACCEPTED: PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing. PROPERTY OWNER IDENTIFICATION (If other than above): Name: Address: City: State: Zip: Telephone: Fax: SPECIAL PROVISIONS: Please note that TERRA-MAR reserves the right to withhold all reports until such time as TERRA-MAR receives a signed Proposal Acceptance Agreement or other written authorization referencing this Proposal Acceptance Agreement with its Attachment (the Professional Services ,, General Terms and Conditions indicated below) in its entirety. This Proposal Acceptance Agreement, together with TERRA-MAR'S Proposal, Unit Fee Schedule, and the attached General Terms and Conditions specified below, constitutes the entire Agreement between the Client and TERRA-MAR and supersedes all prior written or verbal understandings. [] [] Environmental Engineering Services * General Terms and Conditions Geotechnical Engineering Services * General Terms and Conditions Construction Materials Engineering Laboratory Inspection and Materials Testing Services · General Terms and Conditions Other (describe): Environmental Services · Geotechnical Engineering · Construction Materials Engineering and Testing DALLAS · FORT WORTH · HOUSTON · AUSTIN · LONGVlEW J:Admin\Forms\PAA(]ree.doc · Revised 2-10-99 TERRA-lqAR, INC. PROFESSIONAL SERVICES * GENERAL TERMS AND CONDITIONS GEOTECHNICAL ENGINEERING SERVICES The General Terms and Conditions agreed to by the parties are as follows: 1. PARTIES: Terra-Mar, Inc. (hereinafter "TMI") refers to the company performing the scope of work described herein and detailed in the TMI Proposal. "Client" refers to the person or business entity ordering the scope of work to be performed by TMI. If the Client is ordering work on behalf of another, Client represents and warrants that it is the duly authorized agent of the party that will benefit from the work. Unless otherwise stated in writing, Client assumes sole responsibility for the sufficiency of the work ordered. Client shall communicate these General Terms and Conditions to any third party to whom Client transmits any part of TMI's work. After execution of the Proposal Acceptance Agreement to which these General Terms and Conditions are attached and made a part thereto, TMI shall have no duty or obligation to any third party greater than that set forth in these General Terms and Conditions. 2. SCOPE OF WORK: "Work" means the specific environmental, geotechnical, analytical, testing or other service to be performed by TMI as set forth in TMI's Proposal, previously referenced herein and made a part hereof. 3. TESTS AND INSPECTIONS: Client shall ensure that all tests and inspections of the site, all materials provided, and work performed by others are delivered in a timely manner in accordance with the plans, specifications, contract documents, and TMI's recommendations. No claims for loss, damage or injury shall be brought against TMI by Client or any third party unless all reviews, tests and inspections have been so performed and unless TMI's recommendations have been followed. Client agrees to indemnify, defend and hold TMI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including but not limited to, court costs and reasonable attorney's fees in the event that all such reviews, tests, and inspections are not so performed or TMI's recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act, or omission of TMI, its officers, agents or employees. 4. SCHEDULING OF WORK: The services set forth in the Proposal will be accomplished in a timely, workmanlike and professional manner by TMI personnel or authorized subcontra(~tors. If TMI is required to delay commencement of work or if, upon undertaking work, TMI is required to halt work due to changes in the scope of work, interruptions in other aspects of the Project, or other causes beyond the reasonable control of TMI, additional charges will be applicable and payable by the Client. 5. ACCESS TO SITE: Client will provide access to the site for TMI to perform the work. TMI shall take reasonable measures to minimize damage to the site and any improvements as the result of its work; however, TMI has not included in its fee the cost of restoration of damage which may occur. TMI will restore the site to its former condition, upon written request from Client that provides for payment to TMI for the cost thereof. 6. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless TMI assumes in writing the responsibility of locating subsurface or latent conditions, Client agrees to indemnify and save TMI harmless from all claims, suits, losses, cost and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to TMI's performance of its work and arising from subsurface or latent conditions, or damage to subsurface or latent objects, structures, lines or conduits where the actual presence and location thereof was not revealed to TMI by Client. 7. CONFIDENTIALITY: During the Project, TMI and its employees may obtain, directly or indirectly, secret and confidential information considered proprietary by Client. TMI agrees, on behalf of itself and its employees, to maintain the confidentiality of information formally designated as proprietary by the Client unless directed by Client in writing to disclose the information to others. 8. RESPONSIBILITY: TMl's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. TMI will not be responsible for evaluating, reporting or affecting job conditions relative to the health, safety or welfare of any persons other than its own employees. TMI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the Contract documents. 9. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of the test. All drilling samples or specimens will be disposed of sixty (60) days after submission of TMI's report. All archaeological samples will be returned to Client for permanent curation following submittal of TMI's final report. 10. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen percent (18%) per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client agrees to pay TMI's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. J:Admin\Forms\DE 50k T&Cs.doc * 1 of 2 Revised 1-19-99 TERRA-MAR, INC. Remedies available to TMI for collection of amounts due, including mechanic's liens, shall not be limited by any contractual provision or other agreement that is not specifically made a part of this Agreement. 11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days' prior written notice. In the event of termination, TMI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place TMI's files in order and/or to protect its professional reputation. 12. WARRANTY: TMI's services will be performed, its findings obtained, and its reports prepared in accordance with the Proposal which has been mutually agreed upon as well as these General Terms and Conditions. In performing its professional services, TMI will strive to perform services' under these General Terms and Conditions in a manner consistent with the level of care and skill ordinarily exemised by members of the profession currently practicing in the same locality under similar conditions. This warranty is in lieu of all other warranties, either express or implied. Should TMI, or any of its professional employees, be found to have been negligent in the performance of professional services or to have breached the express warranty made herein, Client and all third parties claiming through Client agree that the maximum aggregate liability of TMI and its employees shall be limited to $50,000.00 or the amount of the fee paid to TMI for professional services with respect to the Project, whichever amount is less. In the event that Client does not agree to restrict professional liability to $50,000.00 or to the total amount of the fee paid to TMI with respect to the Project, whichever is less, Client agrees to pay for the actual cost of the additional desired insurance coverage, if such insurance is available. 13. INSURANCE AND INDEMNITY: TMI agrees to carry the following liability insurance: Statutory Workers' Compensation and Employers' Liability, Comprehensive General Liability, and Comprehensive Automobile Liability. TMI will furnish certificates of insurance on request. To the extent of the coverage limits maintained by TMI and subject to the exclusions therein and the amount of the claims paid by such insurance, TMI agrees to indemnify and hold Client harmless from all losses, claims, demands, causes of action, and suits arising out of the willful or negligent acts of TMI, its officers, agents, employees, or subcontractors, in performing professional services at the worksite, in furnishing and using equipment and materials at the worksite, or in traveling to and from the worksite. If Client specifically requires additional insurance coverage, TMI will obtain the specific insurance coverage (if procurable) at Client's expense. TMI does not indemnify Client for damage arising out of Client's independent use of TMI data, advice, recommendations and reports. 14. AGREEMENT TO ARBITRATE: All disputes related directly or indirectly to any aspect of this contract, work related to this contract, or to any matter in this contractual relationship, shall be arbitrated pursuant to and by the American Arbitration Association in Dallas, Texas. 15. PRIORITY OF DOCUMENTS: These General Terms and Conditions, together with the Proposal Acceptance Agreement and associated documents, shall control over any conflicting provisions within purchase orders, work orders, letters of intent, or other similar documents. 16. APPLICABLE LAW: These General Terms and Conditions shall be governed by and construed according to the laws of the State of Texas. The venue for all claims asserted under these General Terms and Conditions shall be Dallas County, Texas. END OF DOCUMENT J:Admin\Forms\DE 50k T&Cs.doc * 2 of 2 Revised 1-19-99 TERRA-MAR ATTACHMENT PROJECT ESTIMATE - (Not to Exceed) Geotechnical Investigation Proposed Sanitary Sewer System FITE HARKEY~MAGNOMA TRUNK LINE Pearland, Texas TMI PROPOSAL NO. P99-5178-HE DATE: September 22, 1999 FIELD INVESTIGATION: 2, 16', 2, 17', $, 18', 4, 19', 1, 20', 6, 21', 1, 22', 3, 23', 2, 26', $, 26', & 2, 27' Borings Total Drilling Footage = 677 Mobilization/demobilization Drilling/Sampling/Logging Field Engineer Flagman/Technician for Traffic Control $250.00 lump sum 1 $250.00 $11.00 foot 677 $7,447.00 $50.00 hour 24 $1,200.00 $30.00 hour 30 $900.00 LABORATORY SERVICES Atterberg Limits (ASTM D 4318) Moisture Content (ASTM 2216) Unconfined Compression (ASTM D 2166) percent material passing No. 200 sieve (ASTM D 1140) SUBTOTAL $9,797.00 $40.00 each 70 $2,800.00 $4.00 each 120 $480.00 $30.00 each 70 $2,100.00 $25.00 each 70 $1,750.00 SUBTOTAL $7,130.00 OFFICE SERVICES Senior Geotechnical Engineer Project Engineer Draftsman & Engineering Aide Report Reproduction (3) $105.00 hour 22 $2,310.00 $65.00 hour 66 $4,290.00 $40.00 hour 8 $320.00 $30.00 Un~ 3 $90.00 SUBTOTAL $7,010.00 TOTAL, NOT TO EXCEED: $23,937.00 j: ~he~proposal~pro- 99~P995178 .XLSP995178