R2004-099 06-28-04 RESOLUTION NO. R2004-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH FREESE & NICHOLS,
INC. FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED
WITH THE CULLEN BOULEVARD EXTENSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Freese
& Nichols, Inc. a copy of which is attached hereto as Exhibit "A" and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Freese & Nichols, Inc. for construction
administration services associated with the Cullen Boulevard Extension Project.
PASSED, APPROVED and ADOPTED this the 28th dayof June ,
A.D., 2004.
ATTEST:
, N G/~ I:~"rN~ ~',T~ M,~'
SECRETARY"
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2004-99
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Freese & Nichols (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide general engineering and associated services on an
as-requested basis for fund 44.
EngineedSubconsultant(s) Fee Basis of Compensation
Freese & Nichols $40,000.00 Lump Sum
Freese & Nichols $15,000.00 Hourly- NTE
Maximum Contract Amount $55,000.00
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: Sixty (60) days from completion
of project
Attachments: Scope of Services - Exhibit A
Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more fre. quently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultarit contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
-for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven
(7) days' written notice to City, suspend services under this 'Contract until Engineer has
been paid in full, all amounts due for service§, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of br
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to. City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4)
Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City-as an additional insured under the policies,
with the exception of the 'ProfeSsional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. .!..ndemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, arid
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13..Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the 28th. day of ~]une ,2004
CITY OF PEARLAND
Printed Na~.· B'i 1'1 Ei sen
Title: Cit,y Manager'
ENGINEER
Printed Name:
Title:
STATE OF TEXAS §
COUNTY OF '~/:~ ~ ,~,/',~¢L §
.~ BEFORE ME, the undersigned Notary Public, on this day personally appeared
,~/! ¢_¢,"~;~,'t , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
I~GIVEN UNDER MY HAND
~.~r~ ~ ,A.D., 20 OZ'/'
~ PERLA N. LEHMAN
~(~' APRIL 2, 2005 ~
STATE OF TE~S
COUNTY OF
AND
SEAL OF OFFICE THIS ~O DAY OF
RY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~/~ ¢' /4_ /~ Z,~j ~.~ ,.,._
My Commission Expires:. /~4'~ ~,/2oo~¢'
~t~,~BEFORE ME, .the undersigned Notary Public, on this day personally appeared
"~"~¢.4~~ , known to me to be the person whose name is subscribed to
the~foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
UNDER MY HAND AND
,A.D., 20...0 ~'~'.
,~~ LYNETTE WILSON
,?~X~~ ~¢ My uornmlssion I:xpires:
~~. 03/10/2005
SEAL OF OFFICE THIS ~¢, DAY
NO'I'-At~Y F~BLIC IN AND F-~
STATE'OF TEXAS
My Commission Ex~ires:. '~- ~- ¢ ~
OF
EXHIBIT "A"
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional
services to the City of Pearland (OWNER) in connection with the construction phase of the
Project, described as: Cullen Boulevard Extension.
CONSTRUCTION PHASE SERVICES: Upon authorization by the OWNER, FNI will
proceed with the performance of construction phase services as described below. FNI will
endeavor to protect OWNER in providing these services. However, it is understood that
FNI does not guarantee the Contractor's performance, nor is FNI responsible for
supervision of the Contractor's operation and employees. FNI 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. FNI 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 of the work of the Project.
These services are based on the use of FNI standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or
contract administration procedures is an additional service. If general conditions other than
FNI standards are used, the OWNER agrees to include provisions in the construction
contract documents that will require the construction contractor to include FNI and their
subconsultants on this project to be listed as an additional insured on contractor's insurance
policies.
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.
Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor's submittals and provide for filing and retrieval of project documentation.
Review contractor's submittals, including, requests for information, 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.
Based on FNI'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 FNI recommends Contractor be paid on monthly
and final estimates, pursuant to the General Conditions of the Construction Contract.
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FNI
OWNER
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 FNI will endeavor to protect the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. FNI, 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.
Notify the contractor of 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.
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 FNI.
Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitutions of equipment and/or materials or deviations from the
drawings and specifications is an additional service.
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
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 of FNI are an additional 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 substantial-complete and 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 OWNER in obtaining legal releases, permits, warranties, spare parts, and
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FNI
OWNER
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", one (1) set of plans tracings, one (1) CD
containing the project plans in AUTOCAD format shall be provided by FNI to
OWNER. If additional surveying or inspection is necessary in order to produce
accurate and complete As-Built drawings, then such services by the FNI will be at the
Per Diem Rate attached.
14.
Conduct additional monthly meetings with OWNER and the Contractor to report
construction progress and resolve any issues which might come up during construction.
Conduct additional meetings in the field with OWNER's representative and Contractor
to resolve construction issues. (Additional Services).
15. Provide additional copies of plans and specifications to the Contractor and others.
(Additional Expense).
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
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.
F. Providing renderings, model and mock-ups requested by the OWNER.
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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 of FNI.
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.
I. Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
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FNI
OWNER
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction performed by OWNER.
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.
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.
Lo
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 FNI 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, FNI 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 FNI or FNI'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 FNI 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.
M. Assisting OWNER in claims disputes with Contractor(s).
N. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
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 FNI on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
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.
Q. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
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.
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FNI
OWNER
S. Services required to resolve bid protests or to rebid the projects for any reason.
T. 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.
U. Providing services after the completion of the construction phase not specifically listed in
Article I.
go
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.
W. Providing services made necessary because of unforseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
X. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of FNI.
Y. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Z. 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.
BB. Provide geotechnical services as required.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon
execution of this AGREEMENT and agrees to perform services called for in Article IA of this
agreement until completion of the Project.
IF FNI's services are delayed or suspended in whole or in part by OWNER,or if FNI's services are
extended by the Contractor's actions or in actions for more than 90 days through no fault of FNI,
FNI may be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services of FNI:
Ao
Designate a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define OWNER's policies and decisions
with respect to FNI's services for the Project.
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FNI
OWNER
Co
Fo
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.
Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project.
Arrange for access to and make all provisions for FNI to enter upon public and private
property as required for FNI to perform services under this AGREEMENT.
Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, 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 of
FNI.
Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
OWNER shall make or arrange to have made all subsurface investigations, including but
not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations.
OWNER shall also make or arrange to have made the interpretations of data and reports
resulting from such investigations. All costs associated with such investigations shall be
paid by OWNER.
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 FNI
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 performing the work.
OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish
Resident Project Representative service so the Bidders can be informed.
Attend, coordinate and conduct the preconstruction conference, construction progress and
other job related meetings and substantial completion inspections and final payment
inspections.
Give prompt written notice to FNI whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of FNI's services, or any defect
or nonconformance of the work of any Contractor.
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FNI
OWNER
Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC,
Article II of this AGREEMENT or other services as required.
N. Bear all costs incident to compliance with the requirements of this Article IV.
O. Provide mylar of construction plans and original specifications to FNI.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representatives:
Owner's Designated Representative ~ (Joe Wertz, 3519 Liberty Drive, Pearland, Texas 77581,
(281) 652-1650)
FNI's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581,
(281) 485-2404)
FNI's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281)
485-2404)
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FNI_~_~I~
OWNER
ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES
For and in consideration of the services to be rendered by FNI, OWNER shall pay the fees
hereinafter set forth.
A. COMPENSATION:
Compensation to FNI for Construction Phase services described in Article IA of
Attachment SC shall be a lump sum of $40,000. If FNI sees the Scope of Services
changing so that additional services are needed, FNI will notify OWNER for OWNER's
approval before proceeding.
2. Additional Services: For Additional Services as defined in Article IA of Attachment SC,
a total budget of $15,000 is proposed.
Detail concerning the fees is included in this Attachment CO.
B COMPENSATION TERMS:
"Construction Cost" is defined as the total cost to OWNER for the execution of the work
on the construction Project, excluding the fees or other costs for engineering and legal
services and the cost of land, right-of-way, and administrative expenses, but including the
direct cost to OWNER of all current construction contracts, items of construction
including labor, materials and equipment, required for the completed work (including
extras) and the total value at the site of Project of all labor, materials and equipment
purchased or furnished directly by OWNER for the Project.
"Sub-Consultant Expense" is defined as the expense that is incurred by FNI in
employment of others in outside firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that are not included in the Basic
Services.
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred by
FNI for supplies, transportation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection with that assignment.
C. BASIC SERVICES:
Upon authorization from the OWNER, FNI shall proceed with services outlined in
Article IA of Attachment SC. Monthly payment requests shall be submitted to the
OWNER for that portion of service which has been accomplished as evidenced by
monthly statements. Final payment for construction phase services shall be due upon the
completion of service.
T:OFF04041\P55u. Compensation CO- 1 FNI
OWNER
ATTACHMENT CO
D. ADDITIONAL SERVICES:
Additional Services as described in Article IA of Attachment SC for this Project shall be
invoiced either based on our Schedule of Hourly Rates or subconsultant fee plus 10%, as
applicable. The Additional Services for this Project are as follows:
a. Monthly progress meetings and field meetings
(budget not-to-exceed)
b. Miscellaneous reimbursables (cost + 10%)
$ 10,000
$ 5,000
Total, Additional Services
$ 15,000
If other Additional Services as described in Attachment SC, Article II, are required FNI shall be
compensated as follows:
ao
Where the services of individuals are supplied by FNI, as authorized by OWNER,
payment for these services will be based on salary costs times a multiplier of 3.00,
except for resident project representative services which will be a flat $65/hour rate
plus mileage.
b. Services for direct non-labor expense and sub-contract expense provided by FNI
shall be reimbursed at actual cost times a multiplier of 10%.
T:OFF0404 l\P55u. Compensation
CO-2
OWNER
Freese
Nichots, nc.
Engineers Environmental Scientists Architects
201_0 East Broadway Pear[and, TX 77581-5502 281_/485-2404 281/485-4322 fax www. freese.com
SCHEDULE OF CHARGES
POSITION MIN MAX
PRINCIPAL OF FIRM
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.
150 225
140 150
135 150
95 105
75 90
50 60
45 50
65 75
65 75
50 65
EXPENSES
Plotting Printing
Bond $ 2.00 per plot
Color $ 3.50 per plot
Vellum $ 4.00 per plot
Mylar $10.00 per plot
Bluelines/Blacklines
Offset and Xerox Copies
Binding
Tape Binding
$0.13 per square foot
$0.07 per side copy
$2.00 per book
$1.75 per book
Computer and Cadd
PC Cad Stations $10.00 per hour
PC Stations $ 8.00 per hour
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside priming 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 staffmembers.
T:OFF04041hnNI 2004Schedule of Charges.doc