R2005-0143 09-12-05
RESOLUTION NO. R2005-143
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 ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN
AND CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS
(BAILEY/OILER DRIVE BETWEEN SH 35 AND VETERANS DRIVE; 24"
AND 12" WATERLINES).
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.
PASSED, APPROVED and ADOPTED this the 13th day of September
A.D., 2005.
_.~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~)~ ~ tc M--
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2005-143
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Freese Nichols, Inc. (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 engineering services for the Bailey/Oiler Roadway,
along with a 24" and a 12" waterline.
Enq ineer/Su bconsu Itant( s) Fee Basis of Compensation
Freese Nichols $739,435.00 Cost Plus
Maximum Contract Amount $739,435.00 Cost Plus
* 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: See schedule
Attachments: Scope of Services - Exhibit A
Scope of Services - Exhibit B
2. 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 frequently 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 non salary
expenditures and subconsultant 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 low 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.
2
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 services, 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.
3
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 or
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 anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
4
(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 anyone 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. Indemnity. 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, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assiqnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq 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.
5
EXECUTED and EFFECTIVE as of the 13th day of September
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CITY OF PEARLAND
ENGINEER
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By:
Printed Name: Bill Eisen
Title: Ci ty Manager
By: ~,./_~
Printed Name: M, ),~"n /i3PtV&.-I1 ~1J
Title: ffi~c./ .P''''}~d~ M~;7',('
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STATE OF TEXAS
COUNTY OF -'h,,- z~':<~
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BEFORE ME, the undersigned Notary Public, on this day personally appeared
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foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
r GIVEN UNDER MY HA~D AND SEAL OF OFFICE THIS / 7 DAY OF
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.-7 NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: .~, v L.
My Commission Expires:
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STATE OF TEXAS
COUNTY OF g~#"\,*/l'~"
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BEFORE ME, the undersigned Notary Public, on this day personally appeared
jV)-t h-r~,., B 0\1""" (]:.-,,, , 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.
~IVEN UNDER MY HAND AND SEAL OF OFFICE THIS /?JJs DAY OF
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NOTARY PUBLIC IN AND FOR THE
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Freese
NichOlS,Inc.
Engineers
Environmental Scientists
Arc h i tects
2010 East Broadway Pearland, TX 77581-5502 281/485-2404
281/485-4322 fax www.freese.com
July 29, 2005
Mr. Joe Wertz
Project Director
City of P earl and
3519 Liberty Drive
Pearland, Texas 77581
Re: Bailey/Oiler Roadway: SH 35 to Veterans Drive
(Westbound two lanes with bridge)
Dear Joe:
Per your request and our coordination, we are pleased to submit two (2) original copies of
our Scope of Services and Fees Proposal for the referenced Project. Per our coordination,
our proposal is based on design and construction of a 2-lane concrete roadway with a 2-
lane concrete bridge overpass at the railroad tacks. The roadway will be 4-lane divided
near SH 35 to line up with existing Oiler Drive. The drainage system is based on
Cowart's Creek remaining as is except for a short segment near Veterans Drive where it
will be replaced with dual box culverts. The scope of our services is detailed in our
proposal.
As discussed, since substantial amount of work has been done previously on
topographical and boundary survey, geotechnical investigation, environmental and
wetland studies, and hydrologylhydraulic analysis, those reports will be used as basis of
design. Since supplemental information and services will be required from the
consultants who have already performed these services, we will coordinate with the City
to undertake separate contracts with these consultants to provide additional or
supplemental services for the purpose of design.
IR1 rE ~ rE ~ \VJ fE [D)
AUG 1 - 2005
CITY OF PEARLAND
PROJECTS DEPARTMENT
I~PpqC;\jf~D ___~--
Mr. Joe Wertz
Page 2.
Based on our recent coordinations, we prepared the attached preliminary construction
cost estimate for the Proj ect.
Weare looking forward to being of service to the City on this important Proj ect. Please
call me if you have any question.
Sincerely,
~~~~
Mehran (Ron) Bavarian
Associate, Pearland Office Manager
Enc!.
MB/plp
T.OFF05041IPRLKI Wertz. doc
Freese
NichOlS,Inc.
Engineers
Environmental Scientists
Architects
2010 East Broadway Pearland, TX 77581-5502 281/485-2404
281/485-4322 fax www.freese.com
SCHEDULE OF CHARGES
POSITION
MIN MAX
160 225
160 170
145 165
100 115
80 100
60 65
50 60
65 75
65 80
50 65
PRINCIP AL OF FIRM
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CAD DESIGNER
CAD TECH
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plottinl!:
Bond
Color
Vellum
Mylar
$ 2.50 per plot
$ 5.75 per plot
$ 5.00 per plot
$10.00 per plot
Printinl!:
BluelineslBlacklines
Offset and Xerox Copies
Black & White
Black & White
Color
Color
Binding
$0.13 per square foot
$0.10 per single sided copy
$0.20 per double sided copy
$0.50 per single sided copy
$1.00 per double sided copy
$5.75 per book
Computer and Cadd
PC & CAD Stations $ 10.00 per hour
Mileal!:e
$.405 per mile
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 members.
T 0 FF99999 FN2005ScheduleofCharges. doc
BAILEY/OILER ROADWAY PROJECT: SH 35 to Veterans Drive (approx. 7,500' long)
Preliminary Construction Cost Summary:
2-lane conc. wi 2-Lane Twin Bridge wi Vlt. Embank wi Existing Cowart's Creek for Phase 1
ITEM ITEM DESCRIPTION I UNIT I APPROX. I UNIT PRICE I AMOUNT
NO. QUANTITY
1 IRoadway LS 1.00 $5,394,565.00 $5,394.565.00
2 Drainage LS 1.00 $3,416,050.00 $3,416,050.00
3 Waterline LS 1.00 $606,870.00 $606,870.00
TOTAL $9,417,485.00
Note: These estimates were prepared based on conceptual quantities derived from cursory review of previous
reports and layout prepared for the project. Estimates do not include cost for wetland mitigation, ROW, Irrigationl
landscaping, engineering design, supplemental surveying & hydrualics, etc. For drainage system per coordination
wi City Cowart's Creek remains as is for Phase 1 construction (westbound 2 lanes wi 2-lane bridge).
detention pond volume of 40 ac-ft for is approximated and needs to be determined during design.
Roadway: 2-lane cone. w/l/2 of 4-lane Twin Bridge wi Vlt. Bridge Embankment
jmMI mM DESCRIPTION I UNIT APPROX. UNIT PRICE AMO
NO. QUANTITY
I Mobilization LS 1.00 $166,000.00 $166,000.00
2 Right-of-Way Preparation AC 25.00 $7,000.00 $175,000.00
3 Barb-Wire Fence LF 15,000.00 $5.00 $75,000.00
4 Roadway Excavation (Budget) CY 8,000.00 $6.00 $48,000.00
5 Rdwy. Fill & tnt. Bridge Embank. (Budget) CY 50,000.00 $8.00 $400,000.00
6 Stabilizing 8" Subgrade wi 8% Lime SY 25,000.00 $1.75 $43,750.00
7 Lime Material TON 600.00 $115.00 $69,000.00
8 10" Reinforced Concrete Pavement SY 20,000.00 $40.00 $800,000.00
9 6" Concrete Curb LF 15,000.00 $3.00 $45,000.00
10 8" Cement Stabilized Limestone Base SY 2,000.00 $18.00 $36,000.00
11 2" Hot Mixed Asphalt Pavement - Type D TON 220.00 $80.00 $17,600.00
12 6" Concrete Driveways SY 600.00 $33.00 $19,800.00
13 Concrete Sidewalk Including Ramps SF 43,000.00 $5.00 $215,000.00
14 Roadway Signage (Budget) LS 1.00 $15,000.00 $15,000.00
15 Roadway Marking (Budget) LS 1.00 $15,000.00 $15,000.00
16 Signalization Mod. at SH 35 LS 1.00 $75,000.00 $75,000.00
17 Signal at Veterans Drive LS 1.00 $140,000.00 $140,000.00
18 Traffic Control at SH 35 & Veterans MON 6.00 $3,000.00 $18,000.00
19 Pr~ject Signs EA 2.00 $2,000.00 $4,000.00
20 Street Light PVC Conduit - 3" LF 8,000.00 $10.00 $80,000.00
21 2-Lane Bridge SF 30,000.00 $46 00 $1,380,000.00
22 Retaining Wall along Bridge Embanlanent SF 23,000.00 $30.00 $690,000.00
23 Terminal Anchorage 18 1.00 $25,000.00 $25,000.00
24 Combination Railing LF 2,000.00 $55.00 $110,000.00
25 Cement Stabilized Sand (Budget) CY 1,000.00 $35.00 $35,000.00
26 5" Cone. Slope Paving(Budget) SY 1,000.00 $50.00 $50,000.00
27 Block Sodding Bridge Embank. (Budget) SY 7,00000 $3.00 $21,000.00
28 Veterans Dr. Pav't Widening for LTL's LS 1.00 $100,000.00 $100,000.00
29 Restoration & Hydromulching AC 12.00 $3,000.00 $36,000.00
SUBTOTAL $4,904,150,00
CONTINGENCY @ 10% $490,415,00
TOTAL $5,394,565,00
Drainage: 2-1ane cone. wi 1/2 of Twin Bridge wi VIt. Bridge Embakment wi Existing Cowart's Crk.
ITEM ITEM DESCRIPTION UNIT I A.,npROX. UNIT PRICE AMOUNT
NO. QUANTITY
I Mobilization LS 1.00 $110,000.00 $11 0,00000
2 24" RCP Stonn Sewer LF 5000.00 $60.00 $300,000.00
3 30" RCP Stonn Sewer LF 1.200.00 $85.00 $102,000.00
4 36" RCP Stonn Sewer LF 1300.00 $110.00 $143,000.00
5 5' x 8' RCB LF 600.00 $500.00 $300,000.00
6 10' x 12' RCB LF 260.00 $1.500.00 $390.000.00
7 Headwall for 2-5' x 8' RCB EA 1.00 $IS,OOO.OO $15,000.00
8 Headwall for 2-10' x 12' RCB EA 2.00 $20,000.00 $40,000.00
9 Safety End Treatment (36" RCP) EA 4.00 $3,00000 $12,000.00
10 Junction Box EA 10.00 $5,000.00 $50,000.00
11 Junction Box at Veterans Drive Crossing EA 1.00 $15,000.00 $15,000.00
12 Type "A" Inlet EA 40.00 $1,500.00 $60,000.00
13 Type "C" Inlet EA 20.00 $2,000.00 $40,000.00
14 Stage 1 Type "C" Inlet EA 20.00 $1,200.00 $24,000.00
15 5' Inlet Extension EA 10.00 $750.00 $7,SOO.00
16 Type "E" Inlet EA 20.00 $2,000.00 $40,000.00
17 Manhole EA 2S.00 $2,500.00 $62,500.00
18 Detention Pond (for 2-lane westbound only) AC-FT 40.00 $16,500.00 $660,000.00
19 Concrete Pilot ChanneIJOutfall Pipe LS 1.00 $30.000.00 $30.000.00
20 Concrete Overflow Weir at Pond LS 1.00 $50,000.00 $50.000.00
21 Stonn Water Pollution Prevention Plan LS 1.00 $50,00000 $50.000.00
22 Roadside/Outfall Ditch Work LF 20,000.00 $5.00 $100.000.00
23 Trench Safety LF 9.000.00 $3.00 $27.000.00
24 Cement Stabilized Sand (Budget) CY 1,000.00 $35.00 $3S.000.00
25 Well Pointing (Budget) LF SOOO.OO $25.00 $125,000.00
26 Articulated Riprap(Budget) SY 4500.00 $55.00 $247,500.00
27 Outfall Pipe Structure at Cowart's Creek EA 5.00 $4.000.00 $20,000.00
28 Site Resoratation LS 1.00 $50,000.00 $SO.OOO.OO
SUBTOTAL $3.105,500.00
CONTINGENCY @ 10% $310.550.00
TOTAL I $3.416,050.00
Waterline - Bailey(SEWP to Veterans) & 500' North onVeterans Dr.
ITEM ITEM DESCRIPTION UNIT n.r PROX. UNIT PRICE I AMOUNT I
NO. QUANTITY
1 Mobilization LS 1.00 $20,000.00 $20,000.00
2 24" PVC Waterline along Bailey LF 2,600.00 $85.00 $221,000.00
3 24" WL in 36" Casing bored Under Ditch LF 150.00 $400.00 $60,000.00
4 12" PVC Waterline along Veterans LF 1000.00 $40.00 $40,000.00
5 12" PVC Waterline in Uncased Bore LF 200.00 $80.00 $16,000.00
5 6" Gate Valve wi Box EA 12.00 $600.00 $7,200.00
6 24" B. F. Valve wi Box EA 2.00 $6,000.00 $12,000.00
7 12" G. V. with Box, Complete in Place EA 6.00 $1,500.00 $9,000.00
8 Fire Hydrant (All Depths) EA 12.00 $2,000.00 $24,000.00
9 12" x 12" x 6" Tee (M.J.) EA 6.00 $500.00 $3,000.00
10 24" x 6" Tee (M.J.) EA 6.00 $1,500.00 $9,000.00
11 24" x 24" x 12" Tee (M.J.) EA 1.00 $2,000.00 $2,000.00
12 DIP Fittings 1N 15.00 $4,000.00 $60,000.00
13 SW3P LS 1.00 $10,000.00 $10,000.00
14 12" Plug & Clamp EA 2.00 $1,000.00 $2,000.00
15 Tie-in to Existing Waterlines EA 3.00 $1,000.00 $3,000.00
16 Well Pointing (Budget) LF 1500.00 $25.00 $37,500.00
17 Site Restoration LS 1.00 $10,000.00 $10,000.00
18 Trench Safety LF 4,000.00 $1.50 $6,000.00
SUBTOTAL $551,700.00
CONTINGENCY @ 10% $55,170.00
TOTAL $606,870.00
EXHIDIT "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 development of the Project, described as: Bailey
Road/Oiler Drive from State Highway 35 to Veterans Drive (Westbound 2 lanes).
A. DESIGN PHASE
1. Attend preliminary field meeting with the OWNER's representatives to establish requirements
for the Project.
2. Review the Hydrology/Hydraulic Study, Geotechnical Investigation Report, and Environmental
Assessment and Wetland Delineation Reports previously prepared for the Bailey Road/Oiler
Drive project for the OWNER by other consultants and use the recommendations as the basis of
design of this Project.
3. Design a 2-lane, 25'- 0" bc-bc (half of 4-lane divided) concrete roadway with curb and gutter
from State Highway 35 (SH 35) to Veterans Drive with a left-turn lane at SH 35 and Veterans
Drive. Due to existing 4-lane divided on Oiler Drive, east of SH 35, new roadway will
transition to 4-lane divided with left-turn lane at SH 35 terminus point.
4. Design the roadway drainage system consisting of establishing drainage areas, storm sewer
hydraulic computations, inlet and storm sewers and details. For Phase 1 construction
(westbound lanes), Cowart's Creek will remain as is with the exception of partial replacement
with box culverts at Veterans Drive intersection for pavement tie-in and left-turn lane.
5. Prepare construction plans and details for Phase 1 construction (westbound lanes) of the
roadway consisting of:
a. 2-Lane concrete roadway including a left-turn lane at Veterans Drive intersection.
b. 4-Lane divided concrete roadway including a left-turn lane at SH 35.
c. An asphalt transition from 4-lane divided at SH 35 to two lanes westbound for 2-way
traffic.
d. Asphalt transitions at SH 35 and Veterans Drive.
e. Veterans Drive asphalt roadway pavement widening for left-turn lanes on north and
south of the intersection.
f. Storm sewers and details for the Phase 1 construction.
g. 2-5'x8' box culverts at Veterans Drive intersection, 2-10'x12' box culverts at
Springfield ditch crossing, headwalls, and other related details for Phase 1 construction.
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6. Design and preparation of plans and details for a 2-lane concrete bridge over railroad including
the design of ultimate embankment and retaining walls for ultimate twin 2-lane bridges.
7. Design and prepare plans and details for a detention pond adjacent to the corridor within the
limits of the Project. Pond will be designed and constructed for Phase 1 construction (2-lane
roadway). Site to be selected and acquired by the OWNER and boundary and topographical
surveys to be performed under a separate contract between OWNER and a surveyor. FNI will
provide the necessary coordination and layout.
8. Design and prepare plans for pavement marking and signage plans for the Phase 1 construction.
9. Design a 3" conduit for street illumination system. Street lighting design and installation not
included in this Project.
10. Design and prepare plans and details for a 24" water transmISSIOn line from the current
terminus point at the Southeast Water Plant to Veterans Drive and 12" water line on west side
of Veterans Drive from Bailey Road to approximately 1,300' north, including valves and fire
hydrants, and other appurtenances. OWNER to provide additional topographical/survey and
mapping as needed for purpose of design.
11. Design Pavement tie-ins at Southeast Water Plant and Wells Road.
12. Prepare detailed Specifications and Contract Documents for the Phase 1 construction as
authorized by the OWNER.
13. Prepare detailed bid quantities and cost estimates of authorized Phase 1 construction. FNI shall
not be required to guarantee the accuracy of these cost estimates.
14. Conduct monthly meetings with the OWNER to report Project progress and resolve design
Issues.
15. Submit 50%- and 90%-Complete plans and specifications for OWNER's review and comments.
16. Upon receipts of OWNER's 90%-Complete comments, finalize Construction Documents and
furnish the OWNER five (5) sets of plans, specifications, and Contract Documents.
B. ADDITIONAL SERVICES
1. Upon receipt and review of already prepared Topographical Survey and Mapping,
Hydrology/Hydraulic Study, Geotechnical Study, and EnvironmentallWetland Studies,
coordinations will be made with the OWNER and the consultants who prepared above
documents, to provide supplemental services such as additional topography and mapping,
geotechnical borings, hydrology/hydraulic analysis, environmental and permitting, as needed
for the purpose of design and construction. These services by other consultants are not
included in this Project. OWNER will provide these additional services for the implementation
of design and construction of the Project through separate contracts with these consultants.
2. Prepare a Signal Warrant Study and a signal design for a mast-arm system at Veterans Drive
intersection. (Sub-consultant. See attached proposal)
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3. Design modifications to the existing signal at SH 35. This task will include coordination with
TxDOT and their review and approval. This task does not include complete design of signal.
If this is warranted by TxDOT, a supplemental fee proposal will be submitted to OWNER
(sub-consultant, see attached proposal).
4. Assist the OWNER in coordination and approval of plans by Brazoria Drainage District No.4,
acquisition of construction permit from TxDOT for the SH 35 tie-in, and miscellaneous
coordinations with utility/pipeline companies, as necessary.
5. Assist the OWNER in the preparation of application and other documents, and coordination
necessary to receive approval for the bridge crossing at railroad from the Burlington-Northem-
Santa Fe Railroad Company. Notify the OWNER to provide additional field surveying,
boundary/R.O.W. information, if necessary, for the permitting and approval by the railroad
company. The OWNER is to provide the filing and crossing fees required by the railroad
company.
6. Provide plans and details for the Stormwater Pollution Prevention for the Phase 1 construction.
7. Prepare plans for the temporary one-lane closures for the pavement tie-ins at SH 35 and
Veterans Drive.
8. Provide additional engineering services during construction phase for office and field meetings
with the OWNER, Contractor, and others as necessary.
9. Provide miscellaneous expenses such as mileage, printing, deliveries, etc.
C. BID OR NEGOTIA nON PHASE
Upon completion of the design services and approval of "Final" drawings and specifications by
OWNER, FNI will proceed with the performance of services in this phase as follows:
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. Distribute one copy of plans and bid documents to selected plan rooms.
3. 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.
4. Assist the OWNER by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders if necessary.
5. 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 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).
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6. Assist the OWNER in the opening, tabulating, and analyzing the bids received. Review the
qualification information provided by the apparent low bidder to determine if, based on the
information available, they appear to be qualified to construct the project. Recommend award
of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all
prospective bidders and issuing a list of eligible bidders prior to the bid opening is an
additional service.
7. 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 ofthese 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 FNI during construction. Additional sets of documents can be provided as an
additional service.
8. Furnish contractor copies of the drawings and specifications for construction pursuant to the
General Conditions of the Construction Contract.
D. CONSTRUCTION PHASE
Upon completion of the bid or negotiation phase services, 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 sub-consultants 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 contractor's submittals and provide
for filing and retrieval of project documentation. Review contractor's submittals, including,
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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.
4. Based on FNl'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.
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 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.
6. 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.
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 FNI.
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
substitutions 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 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 ofFNI are an additional service.
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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 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.
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. Additional field surveying required.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Additional property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records, beyond the Scope of
Services defined in Article IB.l and surveying proposal.
E. 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.
G. 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.
H. 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, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by OWNER.
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J. 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.
K. 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.
L. 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 Ie.
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.
O. 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.
P. 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.
R. 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.
S. Services required to resolve bid protests or to rebid the projects for any reason.
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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.
V. 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 savmgs 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.
BE. Provide additional geotechnical services.
ARTICLE III
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services called for in Article IA & B (Design Phase and
Additional Services) so as to deliver completed Plans, Specifications, and Estimate of Cost for all
authorized construction of the Project, within (150) calendar days thereafter. Review periods by City,
acquiring approvals and permits have not been accounted for. FNI will proceed with the performance of
the services called for in Article IC and ill (bid and construction phases) of this agreement until
completion ofthe 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:
A. Designate a person to act as OWNER's representative with respect to the services to be rendered
under this AGREEMENT. Such person shall have contract authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions with respect to FNI's
services for the Project.
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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 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. This will
include electronic files of topographical boundary surveys, copies of final reports of
Hydrology/Hydraulic Study, Geotechnical Investigation, Environmental Assessment, Wetland
Delineation Study, preliminary schematic layout of Bailey Road, and other pertinent information
relative to this roadway.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property
as required for FNI to perform services under this AGREEMENT.
E. 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.
F. 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
Proj ect.
G. 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.
H. 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.
J. OWNER shall determine, prior to receipt of construction bid, ifFNI is to furnish Resident Project
Representative service so the Bidders can be informed.
K. If OWNER designates a person to serve in the capacity of Resident Project Representative who is
not FNI or FNI'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 modifications of the Construction Phase services as defined in
Attachment SC, Article ill, together with such adjustment of compensation as appropriate.
L. Attend, coordinate and conduct the pre-bid conference, bid opening, preconstruction conferences,
construction progress and other job related meetings and substantial completion inspections and
final payment inspections.
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M. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of
any development that affects the scope or timing of FNl's services, or any defect or
nonconformance of the work of any Contractor.
N. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II
of this AGREEMENT or other services as required.
O. Bear all costs incident to compliance with the requirements of this Article IV.
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 (Ron) 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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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:
1. Preliminary and Design Phases: Compensation to FNI for the Preliminary and Design
Phase services as defined in Article IA of Attachment SC shall be a Lump Sum of
$553,400. IfFNI sees the Scope of Services changing so that additional services are
needed, FNI will notify OWNER for OWNER's approval before proceeding.
2. Construction Phase: Compensation to FNI for the Bid and Construction phase services as
defined in Article IC & D of Attachment SC shall be a Lump Sum of$100,000. IfFNI
sees the Scope of Services changing so that additional services are needed, FNI will
notify OWNER for OWNER's approval before proceeding.
3. Additional Services: For Additional Services as defined in Article IE of Attachment SC,
a total budget of $86,035 is proposed.
Therefore, total fee shall be $739,435. Detail concerning the fees is included in this Attachment
CO.
B COMPENSATION TERMS:
1. "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.
2. "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:
1. Upon authorization from the OWNER, FNI shall proceed with the services outlined in
Article IA & B of Attachment SC. For the purposes of preparing monthly statements for
the preliminary and design phase of the Project, FNI shall submit to the OWNER
payment requests in proportion to that part of the service which has been accomplished
as evidenced by monthly statements. Final payment for Preliminary design phase shall
be due upon the completion of service, whether the work be constructed or not.
2. Upon authorization from the OWNER, FNI shall proceed with services outlined in
Article I C & D 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.
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A TT ACHMENT CO
D. ADDITIONAL SERVICES:
1. Additional Services as described in Article ill of Attachment SC for this Project shall be
invoiced either based on our Schedule of Hourly Rates or subconsultant fee plus 10%, as
defined below. The Additional Services for this Project are as follows:
a. Coordination with surveyor and other consultants
(Task ill. 1 ) (cost not-to-exceed) $ 15,000
b. Signal Warrant Study, signal design at Veterans Drive,
and signal modifications at SH 35 (Tasks ill.2 & 3)
(Invoice plus 10%) $ 29,535
c. Agency coordinations and permitting (BDD4, Utility/pipeline,
TxDOT, and railroad co.) (OWNER will provide filing and
crossing fees) (Tasks ill. 4 & 5) $ 8,000
d. Stormwater Pollution Prevention Plans (Task ill.6)
(cost not-to-exceed) $ 5,000
e. One-lane closure plans for construction at SH 35 and Veterans
Drive (Task ill.7) (cost not-to-exceed) $ 3,000
f. Additional Engineering man-hours during construction
phase (Task ill.8) (cost not-to-exceed) $ 20,000
g. Miscellaneous expenses (Task ill.9) (Invoice plus 10%) $ 5,500
Total, Additional Services $ 86,035
If other Additional Services as described in Attachment SC, Article II, are required FNI shall be
compensated as follows:
a. 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 $70/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%.
TO FF05041 \PRLK Compensation
CQ-2
FNI~
OWNER
TD AI Trafl Data & Associates. Inc.
a
Traffic Engineering Advocacy Group
(713) 446-8167
July 28, 2005
Mehran (Ron) Bavarian, P.E.
Houston Area Manager
Freese and Nichols
2010 East Broadway
Pearland, Texas 77581
Re: Traffic Signal Modification at the Intersection of SH 35 at Oiler and New traffic
Signal Veterans at Bailey/Oiler
Dear Mr: Bavarian
Traff Data & Associates, Inc. appreciate the opportunity to submit a proposal for the
following intersection enhancements:
SH 35 at Oiler
Veterans at Bailey/Oiler
Scope of Services:
Task I. SH 35 at Oiler
· A field reconnaissance of the intersection will be performed for the purposes of
gaining insight into existing characteristics of the intersection.
· TDAI will obtain from the Texas Department of Transportation (TxDOT) existing
signal layout. Survey of the area and proposed intersection layout will be obtain from
Freese and Nichols.
· TDAI will design and provide complete set of plans for the signal modification in
accordance to TxDOT standards. These will include: Plan layout, Elevation, Detail
estimation and General notes.
10101 Fondren Road, Suite 427
Houston, Texas 77096
TD AI Traff Data & Assodafes. Inc.
a
Traffic Engineering Advocacy Group
(713) 446~8167
.
Traffic signal interconnection to proposed signal at Veterans/Bailey.
TDAI will coordinate and obtain approval for the traffic signal modification from
.
from TxDOT.
Task II. Veterans at Bailey/Oiler
. A field reconnaissance of the intersection will be performed for the purposes of
gaining insight into existing characteristics of the intersection.
. Signal warrant and intersection Capacity Analysis will be performed.
. Survey of the area and proposed intersection layout will be obtain from Freese and
Nichols.
. TDAI will design and provide complete set of plans for the signal modification in
accordance to TxDOT standards. These will include: Plan layout, Elevation, Detail
estimation and General notes.
· Field Book for signal timing will be documented by TDAl.
Schedule:
The time required for the traffic signal modification design is 30 calendar days from
notice to proceed. The final design will be produced within seven calendar days from
receipt of comments from TxDOT. TDAI will aggressively pursue this schedule by
applying the necessary resources in order to achieve this goal. However, it is imperative
that all individuals involved in supplying key infonnation be committed to this project to
the extent that undue delays in response are avoided.
Compensation:
The total lump sum cost for the services is set at $26,850.00 This fee includes all direct
and indirect cost associated with the performance of the work as identified. Any
10101 Fondren Road, Suite 427
Houston, Texas 77096
TD AI TraJJ Data & Associates. Inc.
a
Traffic Engineering Advocacy Group
(713) 446-8167
additional resources and time spent outside the scope of service will be billed on hourly.
Invoices will be rendered upon completion of this task and payment must be received
within 30 days from the date of submission.
Thank you for considering TraffData and Associates Inc. for this project and as always, I
can assure you of our personal service and timely response. We look forward to being of
continued service to Freese and Nichols. In the event of questions or if clarification is
required, please advise.
Respectfully Submitted
TraffData and Associates, Inc.
k egbU'~
-../
Agreed and accepted for Freese and Nichols.
Signature
Date
Printed Name
10101 Fondren Road, Suite 427
Houston, Texas 77096
Attachment A.
Task I
SH 35 @ Oiler
Traffic signal Modification
Traffic Signal Interconnect
Task II
Veterans @ Bailey/Oiler
Signal Warrant and Capacity Analysis
Traffic Signal Design $12,000.00
Field Book for Signal Timing
Total
$6,800.00
$750.00
$5,800.00
$12,000.00
$1,500.00
$26,850.00