R2005-0087 05-17-05 RESOLUTION NO. R2005-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH FREESE AND NICHOLS, FOR
ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE FAR
NORTHWEST WATER PLANT (ELEVATED WATER TANK).
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
and Nichols, 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 and Nichols, for engineering design
services associated with the Far Northwest Water Plant (Elevated Water Tank).
PASSED, APPROVED and ADOPTED this the day of
A.D., 2005.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Freese and 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 design and construction services for
the Far Northwest Water Plant Elevated Storage Tank.
Engineer/Subconsultant(s) Fee Basis of Compensation
Freese and Nichols Inc. $100,500.00 Lump Sum
Maximum Contract Amount $100,500.00 Lump Sum
* 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
final Wetlands Determination Report.
Attachments: Scope of Services — Exhibit A
Project Schedule — 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:
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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 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.
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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 (0.5%) 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.
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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 any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
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(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. 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. 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.
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EXECUTED and EFFECTIVE as of the day of , 20
CITY OF PEARLAND ENGINEER
By: By:
Printed Name: Printed Name:
Title: Title:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
GIVEN- UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
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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 development of the Project, described as:
Far Northwest 1-Million Gallon Elevated Storage Tank.
A. PRELIMINARY AND DESIGN PHASE
1. Attend preliminary meeting with the OWNER to establish requirements for the Project.
2. Design and prepare plans and details for a 1 million gallon (composit type) elevated storage
tank.
3. Design and prepare plans and details for approximately 900 feet of 16" water transmission line
from the elevated storage tank to a 16"waterline on FM 518.
4. Design and prepare plans and details for site work to include grading, paving, drainage, and
fencing.
5. Design and prepare plans and details for approximately 800 feet of 20' wide access road with
associated open-ditch drainage from FM 518 to plant site.
6. Design and prepare plans and details for the tank electrical components and site lighting.
7. Prepare detailed specifications and contract documents for the construction authorized by the
OWNER.
8. Prepare bid quantities and bid sheets.
9. Prepare detailed cost estimate of authorized construction. FNI shall not be required to
guarantee the accuracy of the estimate.
10. Conduct periodical monthly meetings with the OWNER to report Project progress and resolve
design issues.
11. Prepare and submit 50%and 90%-complete plans for OWNER's review and comments.
12. Upon receipt of OWNER's 90%-complete review comments, finalize plans, specifications, and
Contract Documents and furnish to the OWNER five (5) sets of plans, specifications, and
Contract Documents.
B. ADDITIONAL SERVICES
1. Conduct.three (3) 60-feet exploratory soil borings to evaluate the subsurface conditions and
make construction recommendations for the proposed elevated storage tank. See sub-
consultant's geotechnical proposal.
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2. Assist the OWNER in necessary coordinations with the surveyor to receive site's
. topographical, cross-sections, and property/right-of-way information in electronic format for
the purpose of design. If additional survey information is needed for design, FNI will inform
the OWNER to provide the information. Additionally, FNI will assist the OWNER in
coordination with utility and pipeline companies, and others, during design and construction
of the Project.
3. Design and prepare plans and details for the stormwater pollution prevention plan.
4. Provide additional monthly meetings with the OWNER and the Contractor to report
construction progress and resolve any issues which might come up during construction.
Conduct additional field meetings, as necessary, with the OWNER's representative and
Contractor to resolve construction issues.
5. Miscellaneous expenses such as mileage,printing of plans and specifications, deliveries, etc.
C. BID OR NEGOTIATION 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).
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
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documents for execution by the OWNER and construction contractor. . Distribute two (2)
copies of these documents to the contractor with a notice of award that includes directions for
the execution of these documents by the construction contractor. Provide the OWNER two (2)
copies of these documents for use during construction. One (1) copy of these documents will
be used by 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. FM 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 FM and their subconsultants.on this project to be
listed as an additional insured on contractor's insurance policies.
1. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review
construction schedules prepared by the Contractor(s) pursuant to the requirements of the
construction contract, and prepare a form for the purpose of monthly pay estimates of the
Project from information provided by the Construction Contractor.
2. Establish communication procedures with the OWNER and contractor.
3. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of 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.
4. 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 FM recommends Contractor be paid on monthly and final estimates, pursuant to
the General Conditions of the Construction Contract.
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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 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 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.
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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 FM 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. Field layouts or the furnishing of construction line and grade surveys.
B. GIS mapping services or assistance with these services.
C. Additional property, boundary and right-of-way surveys, preparation of easement and deed
descriptions,including title search and examination of deed records.
D. 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.
E. Providing renderings,model and mock-ups requested by the OWNER.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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
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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
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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 FM 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.
L. Assisting OWNER in claims disputes with Contractor(s).
M. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
N. 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
FM on a fee basis negotiated by the respective parties outside of and in addition to this.
AGREEMENT.
O. 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.
P. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
Q. 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.
R. Services required to resolve bid protests or to rebid the projects for any reason.
S. 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.
T. Providing services after the completion of the construction phase not specifically listed in Article
I.
U. 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.
V. Providing services made necessary because of unforseen, concealed, or differing site conditions
or due to the presence of hazardous substances in any form.
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W. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims
are supported by causes not within the control of FNI.
X. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Y. 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 additional geotechnical services beyond the Scope of Services defined in Article IB.1 and
geotechnical proposal.
ARTICLE III
TIME OF COMPLETION: FM 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, as applicable) so as to deliver completed Plans, Specifications, and Estimate of Cost
for all authorized construction of the Project, within (120) calendar days after receipt of site survey
information. Review periods by City, acquiring approval and permit have not been accounted for. FNI
will proceed with the performance of the services called for in Article IC and ID (bid and construction
phases)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 FM:
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.
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 FM 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.
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
T:0FF05041\PRL.T\.Scope of Svcs.doc
SC-7 FNI.-
OWNER
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
Project.
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, if FNI 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 ID, 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
fmal payment inspections.
M. Give prompt written notice to FM 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.
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.
P. Provide the necessary topographical, cross-sections, and property/right-of-way information for
the purpose of design.
Q. Provide pressure data on the 16"waterline along FM 518 for the purpose of design.
T:OFF05041\PRLn.Scope of Svcs.doc
SC-8
FNI—78
OWNER
ARTICLE V
DESIGNATED REPRESENTATIVES: FM 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)
T:OFF05041\PRLA Scope of Svcs.doc
SC-9
FNI—,
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:
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
$61,000. 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. Construction Phase: Compensation to FM for the Bid and Construction phase services as
defined in Article IC&D of Attachment SC shall be a Lump Sum of$16,000. If FNI
sees the Scope of Services changing so that additional services are needed,FNI will
notify OWNER for OWNER's approval before proceeding.
3. Additional Services: For Additional Services as defined in Article lB of Attachment SC,
a total budget of$23,500 is proposed. •
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 FM 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
FM 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, FM 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 and Design phase
shall be due upon the completion of service,whether the work be constructed or not.
2. Upon authorization from the OWNER, FM 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.
T:OFFOSO41\PRLJI Compensation CO-1 FNI
OWNER
ATTACHMENT CO
D. ADDITIONAL SERVICES:
1. Additional Services as described in Article IB 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. Additional office&field meetings during construction $ 10,000
b. Geotechnical Soil Boring(Invoice+ 10%) $ 8,250
c. Coordination with Surveyor,BDD4 and utility/pipeline
companies $ 3,000
d. Miscellaneous reimbursables budget(Cost+ 10%) $ 2,250
Total,Additional Services $ 23,500
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%.
T:OFF050411PRLJ1Compensation CO-2 FNI
OWNER
Freese EXHIBIT"B"
and N 1•
C h 0 LS, 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
PRINCIPAL OF FIRM 160 225
OFFICE MANAGER 160 170
SENIOR PROJECT MANAGER 145 165
PROFESSIONAL ENGINEER/PROJECT MANAGER 100 115
DESIGN ENGINEER 80 100
SR. CAD DESIGNER 60 65
CAD TECH 50 60
RESIDENT CONSTRUCTION INSPECTOR 65 75
CONTRACT/OPERATIONS ANALYST 65 80
WORD PROCESSING/SECRETARIAL 50 65
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plotting Printing
Bond $ 2.50 per plot Bluelines/Blacklines $0.13 per square foot
Color $ 5.75 per plot Offset and Xerox Copies
Vellum $ 5.00 per plot Black&White $0.10 per single sided copy
Mylar $10.00 per plot Black&White $0.20 per double sided copy
Color $0.50 per single sided copy
Color $1.00 per double sided copy
Binding $5.75 per book
Computer and Cadd Mileage
PC&CAD Stations$ 10.00 per hour $.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:OFF99999FN2005S cheduleofChuges.doc
Tolunay - Wong ¶WEngineers , Inc .
February 28, 2005
TWEI Proposal No: P05-G076
City of Pearland
c/o Freese and Nichols
2010 East Broadway
Pearland,Texas 77581-5502
Attn: Mr.Ron Bavarian,F.E.
PROPOSAL FOR GEOTECHNNCAL SERVICES
ONE MILLION GALLON ELEVATED TANK
SOUTHEAST WATER PLANT
PEARLANI),TEXAS
Dear Mr.Bavarian:
Tolunay-Wong Engineers, Inc., is pleased to submit this proposal to provide geotechnical
services for the Southeast Water Plant in Pearland, Texas. The project consists of construction of a one
million gallon elevated tank. You provided project details in our telephone conversation on February 25,
2005.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report documenting our findings and geotechnicaI
design recommendations.
Field Exploration. We will drill three 60-ft deep exploratory soil borings to evaluate the
subsurface conditions. A total of 180 ft drilling is included. The borings will be drilled with a truck-
mounted rig around the proposed tank perimeter in accordance with ASTM D 1586 and ASTM D 1587.
We will secure representative portions of the recovered soil samples and transport them to our laboratory
for testing- We will backfill the open boreholes with the cuttings after obtaining water level readings,
about 24 hours after completion.
Laboratory Testing. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength,total unit weight, in situ moisture content, fines content and plasticity
characteristics of the soils. All laboratory tests will be performed in accordance with appropriate ASTM
standards. We will keep the samples for 30 days after the final report is presented. We will discard the
samples after that time, unless instructed otherwise.
Engineering Report. We will prepare an engineering report that will present our findings and
provide you with geotechnical design and construction recommendations for the proposed tank including:
• Soil stratigraphy
-- 10710 S.Sam Houston Pkwy W..Suite 100,fiouston.TX 77031 (713)722-7064 Fax (713)722-0319
Mr.Ron Bavarian,P.E.
TWEI Proposal No.: P05-G076
February 28,2005
Page 2
• Groundwater
• Compressive and uplift load capacities of foundation units
• Settlement estimates
• Lateral load resistance of foundation units
• Foundation monitoring program
Budget
Our lump sum cost for the above described services is $7,500. The cost for the geotechnical
study assumes that ingress and egress to the site are provided by others.
Schedule
We can mobilize our drill crew onsite within three to four days after authorization is given. We
can complete the field work in two days, and issue our engineering report within about fifteen working
days after completion of the field program. We can furnish you with verbal preliminary information upon
completion of the field work.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to our office. The terms and
conditions of this proposal are included in Exhibit A.
Closing Remarks
We appreciate the opportunity to submit this proposal and look forward to serving you on this
project.
Sincerely,
TOLUNAY-WONG ENGINEERS,INC.
dean
Pr
John D.Brown,P.E.
Accepted by: _
Name:
Date:
Attachments: Exhibit A
JDB:jdb
PRELIMINARY CONSTRUCTION COST ESTIMATE
FAR NORTHWEST 1M GALLON ELEVATED STORAGE
CITY OF PEARLAND
ITEM <
�' vw a F-y;`x _ ^k.F ti s t "`� UNIT d ,, 3 x,'�
NO = ;t ss # ,.1TEM,�DESCRIP�TION t , _. .a,U 41T ; ,COSTS _ TIT*ry A U<
1 Mobilization LS $20,000.00 1.00 $20,000.00
2 Clearing&Grubbing(Site&Access Road) AC $7,500.00 2.00 $15,000.00
3 1 Million Gallon Composite EST LS $1,250,000.00 1.00 $1,250,000.00
4 16"PVC Water Line-Open Cut LF $45.00 700.00 $31,500.00
5 16" PVC Water Line in Uncased Bore LF $90.00 200.00 $18,000.00
6 Site Work Incl. Paving, Drainge, Fence,
Site Electrical, Discharge piping, etc. LS $100,000.00 1.00 $100,000.00
7 Concrete Access Road w/Open Ditches LS $80,000.00 1.00 $80,000.00.
8 16"G.V.w/Box EA $5,000.00 1.00 $5,000.00
9 16"x 16°T. S. &V. w/Box(SS) EA $18,000.00 1.00 $18,000.00
10 SW3P LS $8,500.00 1.00 $8,500.00
11 Misc. DIP Fittings TN $3,000.00 3.00 $9,000.00
SUBTOTAL $1,555,000.00
CONTINGENCIES @ 10% $155.500.00
TOTAL EST.CONST. COST $1,710,500.00