HomeMy WebLinkAboutO-2001-2531
e
e
ORDINANCE NO. 2001- /), 5' ar
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF LA PORTE AND WALSH/FREESE-NICHOLS,
TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
CANADA ROAD FROM SPENCER HIGHWAY TO FAlRMONT
PARKWAY; APPROPRIATING $192,295.00 TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council here by approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIx the seal of the City
to all such documents. The City Council appropriates the sum not to
exceed $192,295.00 from General Capital Improvement Fund 015 to
fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
e
e
ORDINANCE NO. 2001- ;. S 3{
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of December, 2001.
~~
By:
Mayor
A'ITEST:
1!1-/~ / ,Ii<im
M ha Gillett
City Secretary
Atz;flfd
Knox W. Askins
City Attorney
AGAMENT FOR PROFESSIONAL SERtCES
STATE OF TEXAS ' ~
COUNTY OF HARRIS ~
This AGREEMENT is entered into by the City of La Porte, hereinafter called "OWNER" and Walsh/Freese and
Nichols, Inc., hereinafter called "WFN". In consideration of the AGREEMENTS herein, the parties agree as
follows:
1. EMPLO~NT OF WFN: In accordance with the terms of ~is AGREEMENT: OWNER agrees to
employ WFN;, WFN agrees to perform professional services in connection with the Project; OWNER
agrees to pay' to WFN compensation. The Project is described as follows: Canada Road Paving and
Drainage Improvements from Spencer Highway to Fairmont Parkway.
II. SCOPE OF SERVICES: WFN shall render professional services in connection with Project as set
forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and
made a part of this AGREEMENT.
III. COMPENSATION: OWNER agrees to pay WFN for all professional services rendered under this
AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a
part of this AGREEMENT. WFN shall perform professional services as outlined in the "Scope of
Services" based on Hourly Rate with a Maximum Fee. At this time, based on our understanding of
scope of work, the total fee shall not exceed $218,600 (Design Phase and Additional Services at
$192,295 and Construction Phase and Additional Services at $26,305). Detail concerning the fee are
included in Attachment CO.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms'and.Conditions of Agreement as set
forth as Attachment TC shall govern the relationship between the OWNER and WFN.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to
anyone other than OWNER and WFN, and all duties and responsibilities undertaken pursuant to this
AGREEMENT will be for the sole' and exclusive benefit of OWNER and WFN and not for the benefit of any
. other party.
This AGREEMENT constitutes the entire AGREEMENT between OWNER and WFN and supersedes all prior
written or oral understandings.
.
This contract is executed in two counterparts. "
IN TESTIMONY HEREOF, they hav~ executed this AGREEMENT, thjrftt- . day of{);c J
2001.
A TIEST:
CITY OF LA PORTE
-m~~
B~TI~
~n~
W ALSWFREESE AND NICHOLS, INC.
By -A)?J,/-#c-
.-.
~ ~
T:ILAP2\Asnn1. For Prof Svcs.doc
e
e
SCOPE OF SERVICES AND RESPONSmILITIES OF OWNER
ARTICLE I
BASIC AND DESIGNATED ADDITIONAL SERVICES: WFN shall render the following
professional services in connection with the development of the Project:
A. PRELIMlNARY AND DESIGN PHASE
a. BASIC SERVICES:
1. Attend preliminary conference with the .OWNER to establish requirements for the
Project and review available data.
2. Prepare construction plans and details for pavement improvements for the Project. The
roadway geometric will be in accordance with option n of the Preliminary Engineering
Study prepared by Walsh/Freese and Nichols, Inc., dated June 2001. Pavement will be
concrete, 45'.0" (bc-bc) within t~e existing 60'- wide right-of-way section, and 2-25'-
0" (bc-bc) divided within the proposed 100'- wide right-of-way section.
3. Prepare drawings showing the existing topography within the limits of the Project.
4. Prepare construction plans and details for a bridge/multi-box culvert struc~re (as
required per Hydraulic Impact Analysis) at the HCFCD ditch' B 1 09-00-00.
5. Prepare construction plans and details for the roadway and outfall storm sewer systems
to discharge into the existing HCFCD ditch BI09-00-00.
6. Prepare plans for pavement marking and roadway signage.
7. Design sidewalks on both sides of the roadway for the northern segment of the Project
(within limits of residential development).
8. Conduct coordinations with pipeline and utility companies which are to be affected by
this Project. Cost associated with possible utility adjustments/protection not included
in the estimated construction cost of the project.
9. Submit plans to Harris County for approval of pavement tie-ins at Spencer Highway
and Fairmont Parkway, and to HCFCD for crossing of ditch B 109-00-00.
10.. Prepare detailed specifications and Contract Documents for the construction authorized
by the OWNER. .
11. Prepare detailed cost estimates of authorized construction. WFN shall not be required
to guarantee the accuracy of these estimates.
12. Conduct periodical meetings with'the OWNER to report project progress and resolve
design issues.
13. Furnish to the OWNER five (5) copies of approved Plans, Specifications and Contract
Documents and one set of reproducible plans and specifications and electronic files of
plans. Additional sets of documents can be provided as an additional service.
b. ADDITIONAL SERVICES:
1. Conduct the necessary topographical and boundary surveys within the Project limits for
the purpose of design and preparation of metes & bounds descriptions for the parcels of
land to be acquired by the City for the section of the Project which does not have
existing right-<?f-way (surveying subconsultanfs proposal attached). All activities
T:LAP2\Scopc oCScrvic...cIoc
SC-l
WFN -;/B
OWNER_
e
e
related to the appraisal, legal documents, negotiations to acquire the parcels not
included in the scope of this project.
;.
"
2. Conduct geotechnical investigation for the purpose of design of the project (see
subconsultant's proposal attached).
3. Prepare traffic control plans for the pavement tie-in and signal modifications at
Spencer Highway and pavement tie-in at Fairmont Parkway (Additional Services).
4. Prepare construction plans and details and coordinate with Harris County to modify
the current signal at Spencer Highway to meet the proposed roadway geometric at the
intersection (Additional Services), It is assumed that City, through Harris County,
furnish in electronic format the existing design plans.
5. Conduct Hydraulic Impact Analysis as it pertains to ditch BI09-00-00 and prepare a
report documenting the findings and make recommendation on drainage mitigation, if
any, which might be required. (Additional Services)
Our analysis and report excludes preparation of a Conditional Letter of Map Revision
(CLOMR) for the FEMA. If City determines that it is needed, a separate Scope and
Fee proposal will be submitted.
If mitigation in the form of on-site or off-site detention is required, a supplemental fee
proposal will be submitted to the City for approval and authorization prior to
performing any design work.
6. Design Phase reimbursable expense as required (Additional Expense).
B. CONSTRUCTION PHASE
Upon completion of the design services and approval of "Final" drawings and specifications
by OWNER, upon authorization by OWNER, WFN will proceed with the performance of
services in this phase as follows:
a. 'BIDDING SERVICES:
1. Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER
to use in notifying construction news publications and publishing appropriate legal
notice. The cost for publications shall be paid by OWNER.
2. Assist the OWNER in maintaining information on entities that have been issued a set
of bid documents. Distribute information on plan holders to interested contractors and
vendors on request.
3. Assist the OyvNER by respol1ding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
4. Assist the OWNER in conducting a pre-bid conference (if required) for the construction
projects and coordinate responses with OWNER. Response to the pre-bid conference
T, W\P2\Scope of Scrvic..,doc
SC-2
WFN ~h'
OWNER_
e
.
will be in the form of addenda issued after the conference. Attend the tour of the
project site after the pre-bid conference (if required).
r
5. Assist the OWNER in the opening, tabulating, and analyzing the bids received.
Recommend award of contracts or other actions as appropriate to be taken by OWNER.
6. Assist the OWNER in the preparation of Construction Contract Documents for
construction contract. Provide five (5) sets of Construction Contract Documents
which include information from selected contractor's bid documents, legal documents,
and addenda bound in the documents for execution by the OWNER and construction
contractor. Distribute two (2) copies of these documents to the contractor with a
notice of award that includes directions for the execution of these documents by the
construction contractor. Provide the OWNER two (2) copies of these documents for
use during construction. One (1) copy of these documents will be used by WFN during
construction. Additional sets of documents can be provided as an additional service.
7. Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
b. CONSTRUCTION SERVICES:
Upon completion of the bid or negotiation phas.e services, upon authorization by OWNER,
WFN will proceed with the performance of construction phase services as described below.
WFN will endeavor to protect OWNER in providing these services. However, it is
understood that WFN does not guarantee the Contractor's performance, nor is WFN
responsible for supervision of the Contractor's operation and employees. WFN shall not be
responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to
the condition of the premises, the work of the Contractor or any Subcontractor. WFN shall
not be responsible for the acts or omissions of any person (except its own employees or
agents) at the Project site or otherwise performing any ofthe work of the Project.
These services are based on the use of WFN standard General Conditions for construction
pr.ojects. Modifications to these services required by use of other general conditions or
contract administration procedures is an additional service. If general conditions other than
WFN standards are used, the OWNER agrees to include provisions in the construction
contract documents that will require the construction contractor to include WFN and their
subconsultants on this project to be listed as an additional insured on contractor's insurance
policies.
1. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s),
review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and prepare a form for the purpose of
monthly pay estimates of the Project from information provided by the Construction
Contractor.
2. Establish communication procedures with the OWNER and contractor.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
T: LAP2\Scope of ScrYicculoc
SC-3
WFN ~.#
OWNER_
.
e
contractor's submittals and provide for filing and retrieval of project documentation.
Review contractor's submittals, including, requests for i~formation, modification
requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
4. Based on WFN's observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by
Contractor, determine the amount that WFN recommends Contractor be paid on
monthly and final estimates, pursuant to the General Conditions of the Construction
Contract. . .
5. Make periodic visits to the site (as distinguished from the continuous services of a
Resident Project Representative) to observe the progress and the quality of work and to
attempt to determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort WFN will endeavor to project the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. WFN, however, cannot guarantee the performance
of the Contractor, nor be responsible for the actual supervision of construction
operations or for the safety measures that the contractor takes. or should take.
6. Notify the contractor cjf non-conforming work observed on site visits. Review quality
related documents provided by the Contractor such as test reports, equipment
installation reports or other documentation required by the Construction contract
documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality
control of the Project. The cost of such quality control shall be paid by OWNER and is
not included in the services to be performed by WFN.
8. Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitu~ions of equipment and/or materials or deviations from the
drawings and specifications is an additional service.
9. Establish procedures for administering constructive changes to the construction
contracts. Process contract modifications and negotiate with the contractor on behalf of
the OWNER to determine the cost and time impacts of these changes. Prepare change
order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be
prepared. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and
approved by the OWNER are an additional service. Substitutions of materials or
equipment or design modifications requested by the OWNER are an additional service.
10. Prepare documentation for contract modifications required to implement modifications
in the design of the project. Receive and evaluate notices of contractor claims and
T: LAP21Scope or S.,vic".doc
SC-4
WFN -"/~
OWNER_
.
e
make recommendations to the OWNER on the merit and value of the claim on the basis
of information submitted by the contractor or available in project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER
if appropriate. Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control ofWFN are an addition~1 service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER
furnished equipment or materials.
12. Conduct, in company with OWNER's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. 'Prepare a list of deficiencies to be corrected by the
contractor before recommendation of final payment. Assist the City in o1;>taining legal
releases, permits, warranties, spare parts, and keys from the contractor. Review and
comment on the certificate of completion and the recommendation for final payment to
the Contractor(s). Visiting the site to review completed work in excess of two trips are
an additional service.
13. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Two (2) sets of prints of "Record Drawings" shall be provided by WFN to OWNER. If
additional surveying or inspection is necessary in order to produce accurate and
complete As-Built drawings, then such services by the WFN wil1'be at the Per Diem
Rate attached.
c. ADDITIONAL SERVICES:
1. Assist the OWNER in pre-qualification of all prospective bidders and issue a list of
eligible bidders prior to bid.
2. Construction Phase reimbursable expense as required. (Additional Expense).
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by WFN, if authorized by
OWNER, which are not included in the above described basic and additional services, are
described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. GIS mapping services or assistance with these services.
C. Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
D. Providing renderings, model and mock-ups requested by the OWNER.
T:1.AP2\Scopc of Smric....doc
SC-s
WFN~
OWNER_
.
e
E. Making revisions to drawings, specifications or other documents when such revisions are
1) consistent with approvals or instructions previously given by OWNER or 2) due to
other causes not solely within the control ofWFN.
F. Providing consultation concerning the replacement of any Work damaged by fire or other
,cause during the construction, and providing services as may be required in connection
with the replacement of such Work.
G. Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction perfonned by OWNER. .
H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe
factory tests of equipment at any site remote to the project or observing tests required as a
result of equipment failing the initial test.
I. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator.
J. Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase. The Resident Project Representative will
act as directed by WFN in order to provide more extensive representation at the Project
site during the Construction Phase. Through more extensive on-site observations of the
work in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, WFN shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a
Resident Project Representative is subject to the provisions of Article IC.
If OWNER provides personnel to support the activities of the Resident Project.
Representative who is WFN or WFN's agent or employee, the duties, Responsibilities
,and limitations of authority of such personnel will be set forth in an Attachment
attached to and made a part of this AGREEMENT before the services of such
personnel are begun. It is understood and agreed that such personnel will work under
the direction of and be responsible to the Resident Project Representative. OWNER
agrees that whenever WFN informs him in writing that any such personnel provided by
the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel
shall be replaced.
K. Assisting OWNER in claims disputes with Contractor(s).
L. Perfonning investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
M. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by WFN on a fee basis negotiated by the respective parties outside of
and in addition to this.AGREEMENT.
T:LAP2\Scope Drscrvic:ea.doc
SC-6
WFN~#
OWNER_
e
e
N. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permitting assistance, and other assistance required to address environmental issues.
O. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
P. Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
Q. Services required to resolve bid protests or to rebid the projects for any reason.
R. Any services required as a. result of'default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
S. Providing services after the completion of the construction phase not specifically listed in
Article I.
T. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the OWNER.
U. Providing services made necessary because of unforseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
V. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control ofWFN.
W. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
X. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor's warranty period.
ARTICLE III
TIME OF COMPLETION: WFN is authorized'to commence work on the Project upon
execution of this AGREEMENT and agrees to complete the services called for in Article IA
(J>reliminary & Design Phases) so as to deliver completed Plans, Specifications, and Estimates of
Cost for all authorized construction of the project, within (180) calendar days thereafter. Review
periods by City, acquiring approvals and permits have not been accounted for. WFN will proceed
with the performance of the services called for in Article IB and IC (bid and construction phases)
of this agreement until completion of the Project.
T:l.AP2\Scopc orscrviccs.doc
SC-7
WFN -:)"Ifi'
OWNER
e
e
IF WFN's services are delayed or suspended in whole or in part by OWNER,or if WFN's services
are extended by the Contractor's actions or in actions for more than 90 days through no fault of
WFN, WFN shall be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLEN
RESPONSIBILITIES OF OWNER: OWNER shall perfonn the following in a timely manner
so as not to delay the services ofWFN:
A. Designate a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive infonnation, interpret and define OWNER's policies and decisions
with respect to WFN's services for the Project.
B. Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER will require to be
included in the drawings and specifications.
C. Assist WFN by placing at WFN's disposal all available information pertinent to the
Project including previous reports and any other data relative to design or construction of
the Project.
D. Arrange for access to and make all provisions for WFN to enter upon public and private
property as required for WFN to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by WFN, obtain advice of an attorney, insurance counselor and
other consultants as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services ofWFN.
F. ,Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as OWNER may require or WFN
may reasonably request with regard to legal issues pertaining to the Project including any
that may be raised by Contractor(s), such auditing service as OWNER may require to
ascertain how or for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may require to ascertain
that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and perfo~ing the work.
G. OWNER shall determine, prior to receipt of construction bid, if WFN is to furnish
Resident Project Representative service so the Bidders can be informed.
H. If OWNER designates a person to serve in the capacity of Resident Project
Representative who is not WFN or WFN's agent or employee, the duties, responsibilities
and limitations of authority of such Resident Project Representative(s) will be set forth in
an Attachment attached to and made a part of this AGREEMENT before the Construction
Phase of the Project begins. Said attachment shall also set forth appropriate
T: LAP2\Seopo of Services.doc
SC-8
WFN -.#
OWNER_
e
e
modifications of the Construction Phase services as defined in Attachment SC, Article
IC, together with such adjustment of compensation as appropriate.
I. Attend the pre-bid conference, bid opening, preconstruction conferences, construction
progress and other job related meetings and substantial completion inspections and fmal
payment inspections.
1. Give prompt written notice to WFN whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of WFN's services, or any
defect or nonconformance of the work of any Contractor.
K. Furnish, or direct WFN to provide, Additional Services as stipulated in Attachment SC,
Article II of this AGREEMENT or other services as required.
L. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: WFN and OWNER designate the following
representatives:
Owner's Designated Representative - (Douglas Kneupper, P. E., 604 West Fairmont Parkway,
La Port, Texas 77572, (281) 471-5020)
WFN's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581,
(281) 485-2404)
WFN's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581,
(281) 485-2404)
T:LAP2\SCDpe Dr S"",ic".doc
SC-9
WFN~~
OWNER
e
e
ATIACHMENT CO
COMPENSATION
A. Not to Exceed: The total fees for the services rendered in the Preliminary, Design, Bid, and
Construction phases of Project as defined in Attachment SC shall be computed on the basis of the
Schedule of Charges (see Exhibit "A") but shall not exceed the following:
I. Preliminary and Design Phase (upon authorization by OWNER)
a. Basic Services: (Items Al through A13)
b. Additional Services:
- Topographical and Boundary Survey (Subconsultant plus 10%) (Item Ab.l)
- Geotechnical Investigation (Subconsultant plus 10%) (Item Ab.2)
- Traffic Control Plans; Signal modification plans (cost not-to-exceed)
(Items Ab.3 & 4)
- Hydraulic Impact Analysis and Report (cost not-to-exceed) (Item A.b.6)
(Excludes CLOMR)
- Design Phase reimbursable expense (cost plus 10%) (Item Ab.6)
Subtotal
2. Construction Phase (upon authorization by OWNER)
a. Bidding (Items B.a. I through B.a.7)
b. Construction (Items B.b.1 through B.b.13)
c. Additional Services:
- Assistance in bidders pre-qualification (cost not-to-exceed) (Item B.c.l)
- Construction Phase reimbursable expense (cost plus 10%) (Item B.c.2)
Subtotal
Total fee not-to-exceed
$133,475
$ 29,590
$ 3,135
$ 13,515
$ 11 ,260
$ 1.320
$ 192,295
$ 2,500
$ 20,270
$ 1,995
$ 1.540
$ 26,305
$218,600
If WFN sees the Scope of Services changing so that additional services are needed other than those
listed in Scope of Services, WFN will notify OWNER for OWNER'S approval before proceeding.
Additional services shall be computed based on the Schedule. of Charges. Statements for services
shall not be submitted more frequently than monthly.
B. Schedule of Charees: (See Exhibit '~" )
T:LAP2\Compcnsalion.doc
CQ-l
WFN~
OWNER
A
CeNTURY
S E
o F
EXHIBIT "A"
..
WALSH/FREESE. NICHOLS
SCHEDULE OF CHARGES
POSITION
PRINCIPAL OF FIRM
SENIOR CONSULT ANT
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CADD DESIGNER
CADD OPERATOR
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plottinl!
Bond
Color
Vellum .
Mylar
$ 2.00 per plot
$ 3.50 per plot
$ 4.00 per plot
$10.00 per plot
Printinl!
BluelineslBlacklines
Offset and Xerox Copies
Binding
Tape Binding
Computer and Cadd
PC Cad Stations $ 10.00 per hour
PC Stations $ 8.00 per hour
Re'
C E
MIN
165
105
125
110
85
75
45
40
60
65
50
MAX
215
105
125
125
95
85
55
45
65
65
55
SO.08 per square foot
SO.07 per side copy
S2.00 per book
S1.75 per book
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work
required to be done by independent persons other than staff memb~rs.
T:OFF9999II'N2002Schcduleoll:hatJes.wpd
Walsh/Freese and Nichols, Inc. . Engineers . Environmental Scientists . Architects
2010 East Broadway . Pearland. Texas . 77581.5502
281-485-2404 . Fax 281-485-4322 . www.freese.com
e
e
ATTACHMENT TC
8-20-96
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of La Porte. Texas. The term WFN as used herein refers
to Walsh! Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As
used herein, Services refers to the professional services performed by Walsh! Freese and Nichols pursuant to the
AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change
under this clause causes an increase or decrease in WFN's cost of, or the time required for, the performance of any part of the
Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT
modified in writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written n!>tice. In the event of termination, WFN will be paid for all services rendered and reimbursable expenses
incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. INFORMATION FURNISHED BY OWNER: Owner will assist WFN by placing at WFN's disposal all available
,information pertinent to the Project including previous reports and any other data relative to design or construction of the
Project. WFN shall have no liability for defects or negligence in the Services attributable to WFN's reliance upon or use of
data, design criteria, drawings, specifications or other information furnished by Owner. WFN shall disclose to Owner, prior
to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by
Owner to WFN that WFN may reasonably discover in its review and inspection thereof.
5. INSURANCE: WFN shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability
General Aggregate $2,000
Workers' Compensation
Each Accident $500
Automobile Liability (Any Al.Jto)
CSL $1,000
Professional Liability
$3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for WFN is incompetent or undesirable, Owner will notify WFN accordingly and WFN shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution
of the Services provided under this AGREEMENT shall be the property of the Owner upon payment ofWFN's fees for
services. WFN may retain copies for record purposes. Owner agrees such documents are not intended or represented to be
suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by WFN will be at Owner's sole risk and without liability or legal exposure to WFN. Any
such verification or adaptation will entitle WFN to further reasonable compensation. WFN may reuse all drawings, report,
data and other project information in the execution of the Services provided under this AGREEMENT in WFN's other
activities. Any reuse by WFN will be at WFN's sole risk and without liability or legal exposure to Owner, and WFN shall
indemnify and hold hannless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of
or resulting therefrom
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that WFN has neither created nor
contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous
substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk
of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the
Services required by this AGREEMENT, WFN does not take possession or control of the subject site, but acts as an invitee
in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from
the site. Further, WFN shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal
activities.
A:1LAP2\Torms.Condilions.wpd
TC-l
WFN~
OWNER
.
e
Neither OWNER nor WFN shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
monexs that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall
prevent WFN from employing such independent associates and consultants as WFN may deem appropriate to assist in the
performance of services hereunder.
15. PURCHASE ORD.ERS: If a Purchase Order is used to authorize WFN's Services, only the term conditions/instruction
typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of
the conflict.
A:\LAP2\Tmns.Conditions. wpd
TC-3
oW:~
It
WALSH SURVEYING, INC.
PROFESSIONAL LAND SURVEYORS
e
WILLIAM C. WALSH, P.E., R.P.L.S.
President
2006 Broadway, P.O. Box 760
PEARLAND, TEXAS 77588-0760
281/485-3991 FAX 281/485-3998
November 30, 2001
Mr. Mehran Bavarian, P.E.
Walsh/Freese-Nichols, Inc.
2010 East Broadway
Pearland, Texas 77581
Re: Canada Road, LaPorte, Texas
Dear Mr. Bavarian,
This letter is our proposal to provide surveying services to facilitate your ~esign of
Canada Road from Fairmont Parkway to Spencer Highway in the City of LaPorte, Texas.
The route is approximately 5,000 L.F. long and will include 'H' Street (approx. 800 L.F.).
Based on our discussion and a visit to the site we understand the scope of services to
be as follows:
Phase One: Topographic Survey
1. Establish a minimum of four (4) temporary benchmarks (TBM's) along the route
based on current City of laPorte vertical control.
2. Establish a control line for the entire length of the project. This line will be
monumented for future use by the contractor during the construdion phase.
3. Locate all planimetric features within the existing right-of-way. This will include, but
not be limited to all pavement, power poles, fire hydrants, meters, valves, culverts,
fences, signs, manholes, etc.
4. Establish elevations at the 100-foot stations that will extend from right-of-way to right-
of-way plus 25-feet on each side. For the portion of the project where the H.C.F.C.D.
ditch is adjacent to Canada Street the cross-sedions will extend to the east side of
the ditch right:-of-way.
5. Establish the rim elevation and flowline elevations of all sanitary sewer and storm
sewer manholes within the right-of-way.
6. Provide Walsh/Freese-Nichols, Inc. with the electronic data files of all of the survey
information gathered.
The cost to provide the outlined services will not exceed $15,000.00. Adual invoicing will
be based on the hourly rates in effect for the year that the projed is authorized. The
survey can be completed within twenty (20) working days following written authorization
to proceed.
.
e
Phase Two: Right-of-way Survey
The right-of-way survey will extend from Fairmont Parkway northerly to the north line of
the existing City of LaPorte 33.5 acre Park site and will also include one (1) additional
tract located south of the Texaco tract identified as the "Verkin Tract".
1. Research the Harris County Deed Records and obtain copies of current ownership
and easement deeds for the tracts along this portion of the project.
2. Recover existing property comer monuments.
3. Calculate the area of the individual tracts to be acquired to achieve the design right-
of-way width.
4. Set SIB-inch iron rods marking the new right-of-way lines where they intersect the
individual property lines.
5. Prepare a metes and bounds description for each of the tracts to be acquired.
6. Prepare a 1D = 100" map' showing the proposed tracts to be acquired for right-of-way
widening.
7. Prepare individual maps showing the proposed right-of-way to be acquired from each
landowner.
8. Provide you with four (4) copies of the maps and descriptions and the digital drawing
on floppy disk. '
The cost to provide the outlined services will not exceed $11,900.00. Actual invoicing will
be based on the hourly rates. in affect for the year that this portion of the project is
authorized in. The drawings and descriptions can be provided within twenty (20) working
days after Walsh/Freese-Nichols, Inc. provides the proposed right-of-way alignment.
Mr. Bavarian, we appreciate this opportunity to be of service. Please call me if you have
any questions. We understand that the receipt of signed Subcontract Agreement Form
will serve as our authorization to proceed on both phases of this project.
1~rs truly, D. t.J 1 .
~ Wilson, R.P.LS.
ice President
.
e
January, 2001
SCHEDULE OF HOURLY RATES
Principal of Finn............................................................... .$100.00
Registered Professional Land Surveyor.....;........................ ...$ 75.00
~urvey Technician............ ............... ...... .................. ...... ....$ 55.00
CAD Operator............................................. .................. ...$ 50.00
ClericaL....................................................................... ...$ 35.00
2-Man Survey Crew*...................................................... ...$ 85.00
3-Man Survey Crew*... ... ... ... ... ,.. ... ... ... ... ... ... .,. ... ... '" ... ... ... $ 95.00
4-Man Survey Crew*............... ........................... ............... $11 0.00
GPS Crew and Equipment................................. ..Quoted as Needed
MISCELLANEOUS CHARGES
Transportation by Company Vehicle.............................. .....$O.36/mile
Delivery by Commercial Carrier... .., ... ... ... ... ... ... ... ... ... ... Cost plus 10%
Non-Labor Expenses (toll phone calls, tolls, etc.)......... .....Cost plus 10%
Reproduction of Drawings........................ Prevailing Commercial Rates
*Survey Crew Rates include nonnal survey equipment and supplies. Charges are from
"portal to portal-. Abnonnal use of stakes and wooden laths will be invoiced at cost plus
10%.
e ~ e
Tol una y - Won g ~W En gin e e r S , In c .
November 13, 2001
TWEI Proposal No: POI-534
Mr. Mehran Bavarian, P.E.
Walsh/Freese and Nichols
2010 East Broadway
Pearland, Texas 77581-5502
PROPOSAL FOR GEOTECHNICAL STUDY
4500 FT CANADA ROAD
CITY OF LA PORTE, TEXAS
Dear Mr. Bavarian:
We appreciate the opportunity to submit our proposal to conduct a geotechnical study for the
referenced project. The project consists of construction ofa 4500 ft long Canada Road in the City of La
Porte, Texas. The existing bridge may be replaced by a box culvert or a new bridge. About 1/3 of the
existing roadway is currently paved with asphalt. The current plan calls for a new 4 lane (either divided
or undivided) concrete roadway. New storm sewers will be installed along the roadway. You provided
project details in our telephone conversation on November 12,2001.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report. '
Field Exploration. We propose to drill a total of two (2) IO-ft deep soil borings along the
proposed roadway' and one (1) 60-ft deep boring at the bridge location to evaluate the subsurface
conditions. A total of 80 vertical feet drilling is included. We will transport representative portions of the
recovered samples to our soil mechanics laboratory for testing. We will backfill the open boreholes with
the cuttings after obtaining ,water level readings, about 24 hours after completion.
Laboratorv Testine:. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in situ moisture content and plasticity characteristics
of the soils. All laboratory tests will be performed in.accordance with appropriate ASTM standards. We
will keep the samples for 30 days after the final report is presented. We will discard the samples after that
time, unless instructed otherwise.
Eneineerine Report. We will prepare an engineering report that will present our findings and
provide you with geotechnical design recommendations including:
1071OS. Sam Houston Pkwy w., Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319
e
e
Mr. Mehran Bavarian
TWEI Proposal No.: POl-534
November 13, 2001
2
· Subsurface stratigraphy and groundwater conditions
. Site preparation and fill requirements
. Bridge foundation design
· Foundation settlement estimates
· Storm se-.yer bedding and backfill criteria
. Retention criteria and groundwater control
· Box culvert excavation and lateral earth pressures, if required
· Pavement sub grade preparation
. Pavement design
Bude:et
Our lump sum cost for the above described services is $2,850 and will not be exceeded without
your prior written authorization. The cost for the geotechnical study assumes that ingress and egress to
the site are provided by others.
Schedule
We can mobilize our field crew within two to three days after authorization. We can complete
the field work in one to two days and issue our geotechnical report within about seven to ten working
days after the field work. We can furnish you with verbal preliminary information upon completion of
the field work and laboratory testing.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to us. The general terms and
conditions are presented in Exhibit A.
e
e
Mr. Mehran Bavarian
TWEI Proposal No.: POl-534
November 13,2001
3
Closine: Remarks
Again, we would like to express our appreciation for the opportunity to submit this proposal and
look forward to serving you on this project.
Attachment: Exhibit A
DOW:be
Accepted by:
Name:
Date:
.
e
EXHIBIT A
~
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNA Y -WONG ENGINEERS,INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the
attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'
interpretations or use of the information developed.
Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing
contemporaneously under similar.conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors ofthe project site that CLIENT
has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions ofthe construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent ofthe CLIENT. Such rights are reserved solely for
the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
quality ofthe performance ofthe work of any party retained by the CLIENT to provide construction related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT ofthe CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, ifno lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion
ofany invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days ofthe invoice
date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid.
Page 1 of2
.
e
Invoices are delinquent ifpayment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional
charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower> on any delinquent amount,
excepting any portion ofthe invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach ofthis AGREEMENT.
TERMINATION
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date oftermination.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER hannIess from any claim by or liability from a third party for injury or loss, arising out ofthe
GEOTECHNICAL ENGINEER's performance ofthe services described in this AGREEMENT. This indemnity shall not limit, restrict
or prevent CLIENT from asserting any claims for I iability against the GEOTECHNICAL ENGINEER, under anyone or more theories
of recovery, including breach of contract, negligence, strict or statutory liability or any other cause ofaction
LIMITATION OF LIABILITY
The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed 550,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like
limitation of liability provision, the liability ofthe CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed 550,000 or the amount of the
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set fortb above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGlNEER of known or suspected hazardous materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENt agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any
claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay ofthe project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated.
GOVERNING LAW AND SURVlVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations ofliability and indemnities will survive termination of the AGREEMENT for any cause.
Page 2 of2
e
WALSH SURVEYING, INC.
PROFESSIONAL LAND SURVEYORS
e
WILLIAM C. WALSH, P.E., R.P.L.S.
President
2006 Broadway, P.O. Box 760
PEARLAND, TEXAS 77588-0760
281/485-3991 FAX 281/485-3998
November 30,2001,
Mr. Mehran Bavarian, P.E.
Walsh/Freese-Nichols, Inc.
2010 East Broadway
Pearland, Texas n581
Re: Canada Road, LaPorte, Texas
Dear Mr. Bavarian,
This letter is our proposal to provide surveying services to facilitate your design of
Canada Road from Fairmont Parkway to Spencer Highway in the City of laPorte, Texas.
The route is approximately 5,000 L.F. long and will include 'H' Street (approx. 800 L.F.).
Based on our discussion and a visit to the site we understand the scope of services to
be as follows:
Phase One: Topographic Survey
1. Establish a minimum of four (4) temporary benchmarks (TBM's) along the route
based on current City of laPorte vertical control.
2. Establish a control line for the entire length of the project. This line will be
monumented for future use by the contractor during the construction phase.
3. Locate all planimetric features within the existing right-of-way. This will include, but
not be limited to all pavement, power poles, fire hydrants, meters, valves, culverts,
fences, signs, manholes, etc.
4. Establish elevations at the 100-foot stations that will extend from right-of-way to right-
of-way plus 25-feet on each side. For the portion of the project where the H.C.F.C.D.
ditch is adjacent to Canada Street the cross-sections will extend to the east side of
the ditch right-of-way.
5. Establish the rim elevation and flowline elevations of all sanitary sewer and storm
sewer manholes within the right-of-way.
6. Provide, Walsh/Freese-Nichols, Inc. with the electronic data files of all of the survey
information gathered.
The cost to provide the outlined services will not exceed $15,000.00. Actual invoicing will
be based on the hourly rates in effect for the year that the project is authorized. The
survey can be completed within twenty (20) working days following written authorization
to proceed.
e
.
Phase Two: Right-of-way Survey
The right-of-way survey will extend from Fairmont Parkway northerly to the north line of
the existing City of LaPorte 33.5 acre Park site and will also include one (1) additional
tract located south of the Texaco tract identified as the "Verkin Tract".
1. Research the Harris County Deed Records and obtain copies of current ownership
and easement deeds for the tracts along this portion of the project.
2. Recover existing property comer monuments.
3. Calculate the area of the individual tracts to be acquired to achieve the design right-
of-way width.
4. Set SIB-inch iron rods marking the new right-of-way lines where they intersect the
individual property lines.
5. Prepare a metes and bounds description for each of the tracts to be acquired.
6. Prepare a 1" = 1 00' map showing the proposed tracts to be acquired for right-of-way
widening.
7. Prepare individual maps showing the proposed right-of-way to be acquired from each
landowner.
8. Provide you with four (4) copies of the maps and descriptions and the digital drawing
on floppy disk.
The cost to provide the outlined services will not exceed $11,900.00. Actual invoicing will
be based on the hourly rates in affect for the year that this portion of the project is
authorized in. The drawings and descriptions can be provided within twenty (20) working
days after Walsh/Freese-Nichols, Inc. provides the proposed right-of-way alignment.
Mr. Bavarian, we appreciate this opportunity to be of service. Please call me if you have
any questions. We understand that the receipt of signed Subcontract Agreement Form
will serve as our authorization to proceed on both phases of this project.
1~rs truly, D. uJ 1
~ Wilson, R.P.LS.
ice President
e
e
January, 2001
SCHEDULE OF HOURLY RATES
Principal of Firm.................. ............................................. .$1 00.00
Registered Professional Land Surveyor...... ...... ...... ...... ...... ... $ 75.00
Survey Technician.............................................................$ 55.00
CAD Operator... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 50.00
Clerical........................................................................ ...$ 35.00
2-Man Survey Crew....................................................... ...$ 85.00
3-Man Survey Crew*... ... ... ... ... .., ... ... ... ... ... ... .,. ... ... ... ... ... ... $ 95.00
4-Man Survey Crew*...... ... ... ... ... ...... ... ... ... ... ... ... ... ...... ... ... $11 0.00
GPS Crew and Equipment................................. ..Quoted as Needed
MISCELLANEOUS CHARGES
Transportationby Company Vehicle.............................. .....$O.36/mile
Delivery by Commercial Carrier..................... ............... Cost plus 100/0
Non-Labor Expenses (toll phone calls, tolls, etc.)......... .....Cost plus 10%
Reproduction of Drawings........................ Prevailing Commercial Rates
.Survey Crew Rates include normal survey equipment and supplies. Charges are from
"portal to portal-. Abnormal use of stakes and wooden laths will be invoiced at cost plus
10%.
e ~ a
To I una y - Won g ~W En gin e e fir, I n c .
November 13,2001
TWEI Proposal No: POl-534
Mr. Mehran Bavarian, P.E.
Walsh/Freese and Nichols
2010 East Broadway
Pearl and, Texas 77581-5502
PROPOSAL FOR GEOTECHNICAL STUDY
4500 FT CANADA ROAD
CITY O~ LA PORTE, TEXAS
Dear Mr. Bavarian:
We appreciate the opportunitY to submit our proposal to conduct a geotechnical study for the
referenced project. The project consists of construction of a 4500 ft long Canada Road in the City of La
Porte, Texas. The existing bridge may be replaced by a box culvert or a new bridge. About 1/3 of the
existing roadway is currently paved with asphalt. The current plan calls for a new 4 lane (either divided
or undivided) concrete roadway. New storm sewers will be installed along the roadway. You provided
project details in our telephone conversation on November 12, 2001.
ScoDe of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report.
Field Exploration. We propose to drill a total of two (2) 10-ft deep soil borings along the
proposed roadway and one (1) 60-ft deep boring at the bridge location to evaluate the subsurface
conditions. A total of 80 vertical feet drilling is included. We will transport representative portions of the
recovered samples to our soil mechanics laboratory for testing. We will backfill the open boreholes with
the cuttings after obtaining water level readings, about 24 hours after completion.
Laboratory Testin2. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in situ moisture content and plasticity characteristics
of the soils. All laboratory tests will be performed in accordance with appropriate ASTM standards. We
will keep the samples for 30 days after the [mal report is presented., We will discard the samples. after that
time, unless instructed otherwise.
En2ineerin2 Report. We will prepare an engineering report that will present our findings and
provide you with geotechnical design recommendations including:
10710 S. Sam Houston Pkwy W.. Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319
.
e
Mr. Mehran Bavarian
TWEI Proposal No.: P01-S34
November 13,2001
2
· Subsurface stratigraphy and groundwater conditions
. Site preparation and fill requirements
. Bridge foundation design
. Foundation settlement estimates
. Storm se~er bedding and backfill criteria
· Retention criteria and groundwater control
· Box culvert excavation and lateral earth pressures, if required
. Pavement sub grade preparation
. Pavement design
Budl!et
Our lump sum cost for the above described services is $2,850 and will not be exceeded without
your prior written authorization. The cost for the geotechnical study assumes that ingress and egress to
the site are provided by others.
Schedule
We can mobilize our field crew within two to three days after authorization. We can complete
the field work in one to two days and issue our geotechnical report within about seven to ten working
days after the field work. We can furnish you with verbal preliminary information upon completion of
the field work and laboratory testing.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to us. The general terms and
conditions are presented in Exhibit A.
.
e
Mr. Mehran Bavarian
TWEI Proposal No.: POl-S34
November 13,2001
3
Closiol! Remarks
Again, we would like to express our appreciation for the opportunity to submi.t this proposal and
look forward to serving you on this project.
Attachment: Exhibit A
DOW:be
Accepted by:
Name:
Date:
e
.
EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
.'
THE AGREEMENT
This AGREEMENT is made by and between TOLUNA Y -WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists ofthese TERMS, the
attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on infonnation available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'
interpretations or use of the infonnation developed.
Services performed by the GEOTECHNICAL ENGINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will notify any and all possessors ofthe project site that CLIENT
has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the nonnal course of work, some damage may
occur .and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for
the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
quality of the performance of the work of any party retained by the CLIENT to provide construction related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, ifno lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachmentS. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days ofthe invoice
date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion ofthe invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid.
Page 1 of2
.
e
Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional
charge of 1- 1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portion ofthe invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will flJ"St be applied to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in .'
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CUENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach ofthis AGREEMENT.
TERMINATION
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services perfonned prior to the date of termination.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct ofthe GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER hannless from any claim by or liability from a third party for injury or loss, arising out ofthe
GEOTECHNICAL ENGINEER's perfonnance ofthe services described in this AGREEMENT. This indemnity shall not limit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under anyone or more theories
of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action
LIMITATION OF LIABILITY
Tbe CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed 550,000, or tbe amount of bis fee, wbicbever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor wbo perform work
in connection witb tbe study prepared by tbe GEOTECHNICAL ENGINEER of sucb limitation ofliability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEER. In tbe event the CLIENT fails to obtain a like
limitation of liability provision, tbe liability of the CLIENT and tbe GEOTECHNICAL ENGINEER to sucb contractor sbaU be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that tbe aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, including the CLIENT, sball not to exceed 550,000 or the amount of tbe
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to infonn GEOTECHNICAL ENGINEER ofk:nown or suspected hazardous materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to.believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notifY CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER hannless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CUENT recognizes that it is the
CLIENT's responsibility to infonn the property owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER hannless from any
claim, liability, and/or defense costs for injury or loss arising from GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay ofthc project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated. .
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and perfonnance.
If any ofthe provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations ofliability and indemnities will survive termination of the AGREEMENT for any cause.
Page 2 of2