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R2006-198 11-27-06 RESOLUTION NO. R2006-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AMENDED ENGINEERING CONTRACT WITH G C ENGINEERING, INC. FOR DESIGN SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract by and between the City of Pearland and G C Engineering, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an amended contract with G C Engineering, Inc., for design services associated with the Orange Street Project. PASSED, APPROVED and ADOPTED this the 2yth day of November, A.D., 2006. ~ ~~-------- TOM REID MAYOR ATTEST: ~~ / - UNG /. RFI , ~~# ITY S RET ARY APPROVED AS TO FORM: O~. .f1-~ DARRIN M. COKER CITY ATTORNEY RE(=E:IVED ut.e 0 8 2006 City uf Pcarlund CITY OF PEARLAND Projects Dept. STANDARD AMENDMENT TO ENGINEERING SERVICES AGREEMENT Resolution 2006-198 11/27/06 (i':'''' /I,ll c ( c-; I . , L{./~ :tI \ :'/U l c) This Amendment (hereinafter "Amendment") is made between the City of Pearland, Texas (hereinafter "City"), and G C Engineering (hereinafter "Consultant") to amend that consultant services contract (the "Contract") between the City and the Consultant executed on February 27, 2006 for Engineering Services on the Orange Street Improvement Project. ct ,-,->-k,,--,:: 1. Amended Terms. The City and the Consultant hereby agree that the Contract is amended as follows: A. Increase Maximum Contract Amount From $366,270.00 to $412,349.00; an increase of $46,079.00. B. See Attachment for additional services. 2. Contract to Remain in Force. Other than the provisions of the Contract expressly amended herein, the Contract shall remain in full force and its enforceability shall be unaffected by this Amendment. EXECUTED and EFFECTIVE as of the ~ 7 day of J 1 t t) I. I/t j.. (i ~ 20 {;C' . CITY OF PEARLAN~ Signature: &/ Name!Title: Bi 11 Ei sen, City Manager 11/27/06 CONSULTANT CiLo J - Signature: ___ - ~ N !T'tl cltArJ D r ~t)D re,' 0 IfR C?5 rDe I-J'T ame I e: / J EXHIBIT "A" SCOPE OF SERVICES Orange Street Widening From State Highway 35 to Hatfield Road INTRODUCTION The City of Pearland (OWNER) requests that GC Engineering, Inc. (GCE) provide professional engineering services for the widening of approximately 1.3-mile section of Orange Street from State Highway 35 (SH- 35) to Hatfield Road. The project will include widening of the existing 2-lane approximately 20-foot wide roadway to a 2-lane roadway, 38 feet wide with curb and gutter consistent with the City of Pearl and requirements for a Minor Collector. Based on the discussions with the OWNER, it is understood that the estimated construction cost of the project is approximately $5,000,000. GCE services shall include preliminary engineering and final design, and construction support services. ARTICLE I BASIC SERVICES: GCE shall render the following professional services to the OWNER in connection with the development of the Project. A. DESIGN PHASE 1. Attend preliminary field meeting with the OWNER's representatives to establish requirements for the Project. 2. Review the available eXlstmg information including HydrologylHydraulic Studies, Geotechnical Investigation Reports, and Environmental Assessment and Wetland Delineation Reports for the project area. 3. Design a 2-lane, 38'- 0" wide concrete roadway with curb and gutter from SH-35 to Hatfield Road with left-turn lanes at Mykawa Road, and SH-35. Widening of SH-35 is under design by others and therefore, no improvements are anticipated for Orange Street and SH-35 intersection at this time. The easterly limit of the Orange Street design will tie into the limit of work for the SH-35 project. At Mykawa Road, the intersection design will consider the likely future widening of Mykawa Road north of Orange Street. 4. Design the roadway drainage system consisting of establishing drainage areas, storm sewer hydraulic computations, inlet and storm sewers and details. Based on the limited review of the project area, two drainage outfalls exists, the first at Orange Street and railroad grade crossing, emptying to Town Ditch, the second at the Mykawa Road intersection, emptying to the roadside channel along Mykawa Road. 5. Prepare construction plans and details for construction of the roadway consisting of: a. 2-Lane concrete roadway including the transitions at SH-35 and Hatfield Road intersections. b. Storm sewers and details. c. Relocation of approximately 3500 feet of 8-inch and 2500 feet of lO-inch water line located between SH-35 and Hatfield Road as depicted on City of Pearl and Water Distribution System Plan dated June 2005. d. Relocation of approximately 3,500 feet of 8-inch sanitary sewer line and approximately 300 feet of 4- inch diameter sanitary sewer force main located between SH-35 and Hatfield Road as depicted on City of Pearl and Sanitary Sewer Collection System Plan dated June 2005. Orange Street Widening from State Highway 35 to Hatfield Road Page 1 of II 6. Design and prepare plans and details for a detention pond adjacent to the corridor within the limits of the Project. Site to be selected and acquired by the OWNER and boundary, topographical surveys, and geotechnical investigations to be performed under a separate contract between OWNER and a surveyor. GCE will provide the necessary coordination and layout. 7. Design and prepare plans for pavement marking and signage plans. 8. Design a 3" conduit for street illumination system. Street lighting design and installation not included in this Project. 9. Design Pavement tie-ins at intersecting roads and driveways to industrial/commercial developments. 10. Prepare detailed Specifications and Contract Documents. 11. Prepare detailed bid quantities and cost estimates. GCE shall not be required to guarantee the accuracy of these cost estimates. 12. Conduct monthly meetings with the OWNER to report Project progress and resolve design Issues. 13. Submit 30%-, 60%- and 90%-Complete Plans for OWNER's review and comments. GCE will provide written responses to comments by the OWNER for the 30%-Complete Plans. In addition, GCE will provide engineer's construction cost estimate with 60%- and 90%-Complete Plans, and construction specifications with 90%-Complete Plans. 14. 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, Geotechnical Study, and EnvironmentallWetland Studies, coordination 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, environmental and permitting, as needed for the purpose of design and construction. These services by other consultants are not included in this Scope of Services. OWNER will provide these additional services for the implementation of design and construction of the Project through separate contracts with these consultants. 2. Assist the OWNER in coordination and approval of plans by Brazoria Drainage District No.4 and Burlington Northern Santa Fe (BNSF) railroad agency. 3. Provide plans and details for Stormwater Pollution Prevention. 4. Provide additional engineering services during construction phase for office and field meetings with the OWNER, Contractor, and others as necessary. 5. Provide miscellaneous expenses such as mileage, reproduction, printing, deliveries, etc. C. BID OR NEGOTIATION PHASE Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, GCE 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 Orange Street Widening from State Highway 35 to Hatfield Road Page 2 of 11 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 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 (I) copy of these documents will be used by GCE 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, GCE will proceed with the performance of construction phase services as described below. GCE will endeavor to protect OWNER in providing these services. However, it is understood that GCE does not guarantee the Contractor's performance, nor is GCE responsible for supervision of the Contractor's operation and employees. GCE 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. GCE 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 Proj ect. These services are based on the use of GCE standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than GCE standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include GCE 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 Orange Street Widening from State Highway 35 to Hatfield Road Page 3 of 11 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 GCE'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 GCE 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 GCE will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. GCE, 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 GCE. 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 Orange Street Widening from State Highway 35 to Hatfield Road Page 4 of 11 contractor(s) claim(s), supported by causes not within the control of GCE 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. 13. Revise the construction drawings in accordance with the information furnished by construction contractor 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 GCE to OWNER. If additional surveying or inspection is necessary in order to produce accurate and complete As-Built drawings, then such services by the GCE will be furnished at the rates attached. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by GCE, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Additional field surveying, if 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. 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 GCE. 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. 1. 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 Orange Street Widening from State Highway 35 to Hatfield Road Page 5 of 11 force account construction performed by OWNER. 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 GCE 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, GCE 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 rD. If OWNER provides personnel to support the activities of the Resident Project Representative who is GCE or GCE'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 GCE 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 anclJor 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 GCE 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. 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. Orange Street Widening from State Highway 35 to Hatfield Road Page 6 of ]] U. Providing services after the completion of the construction phase not specifically listed in Article 1. 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 unforeseen, 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 GCE. Y. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Z. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. AA. Provide follow-up professional services during Contractor's warranty period. BB. Provide additional geotechnical services. ARTICLE III TIME OF COMPLETION: GCE 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 one hundred and eighty (180) calendar days thereafter. Review periods by City, acquiring approvals and permits have not been accounted for. GCE will proceed with the performance of the services called for in Article IC and ill (bid and construction phases) of this agreement until completion of the Project. IF GCE's services are delayed or suspended in whole or in part by OWNER, or if GCE's services are extended by the Contractor's actions or in actions for more than 90 days through no fault of GCE, GCE may be entitled to equitable adjustment of rates and amounts of compensation. ARTICLE IV RESPONSILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of GCE: 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 GCE's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including Orange Street Widening from State Highway 35 to Hatfield Road Page 7 of 11 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 GCE by placing at GCE'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 Geotechnical Investigation, Environmental Assessment, and Wetland Delineation Study, and other pertinent information relative to this roadway, as applicable. D. Arrange for access to and make all provisions for GCE to enter upon public and private property as required for GCE to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by GCE, 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 GCE. 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. OWNER shall secure services of a professional surveyor to furnish right-of-way and boundary surveys, topographic surveys, control surveys and construction surveys required for the project. OWNER shall also provide the services of a professional surveyor to prepare right-of-way parcel property maps for the taking areas together with legal descriptions and other services required for property acquisitions. All costs associated with such work shall be paid by the OWNER. 1. 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 GCE 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 GCE is to furnish services of a Resident Project Representative so the Bidders can be informed. K. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not GCE or GCE'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 defmed in Exhibit "A", 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. Orange Street Widening from State Highway 35 to Hatfield Road Page 8 of lJ M. Give prompt written notice to GCE whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of GCE's services, or any defect or nonconformance of the work of any Contractor. N. Furnish, or direct GCE to provide, Additional Services as stipulated in the Scope of Services, 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: GCE and OWNER designate the following representatives: Owner's Designated Representative - (Joe Wertz, 3519 Liberty Drive, Pearland, Texas 77581, (281) 652- 1657) GCE's Project Manager - (Mahendra Rodrigo, P.E., 4201 W. Broadway, Pearland, Texas 77581, (281) 412- 7008 Ext. 104) Orange Street Widening from State Highway 35 to Hatfield Road Page 9 of 11 EXHIBIT "B" COMPENSA TION Orange Street Widening From State Highway 35 to Hatfield Road LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES For and in consideration of the services to be rendered by GCE, OWNER shall pay the fees hereinafter set forth. A. COMPENSATION: 1. Preliminary and Design Phases: Compensation to GCE for the Preliminary and Design Phase services as defined in Article IA of Exhibit "A" shall be a Lump Sum of $319,067.00 If GCE sees the Scope of Services changing so that additional services are needed, GCE will notify OWNER for OWNER's approval before proceeding. 2. Construction Phase: Compensation to GCE for the Bid and Construction phase services as defined in Article IC & D of Exhibit "A" shall be a Lump Sum of $47,203.00. If GCE sees the Scope of Services changing so that additional services are needed, GCE will notify OWNER for OWNER's approval before proceeding. 3. Additional Services: For Additional Services as defined in Article IB of Exhibit "A", a total budget of $46,079.00 is proposed. Therefore, total fee shall be $412,349.00. Details concerning the fees are included in this Exhibit "B". B COMPENSATION TERMS: 1. "Sub-Consultant Expense" is defined as the expense that is incurred by GCE 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 GCE 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, GCE shall proceed with the services outlined in Article IA & B of Exhibit "A". For the purposes of preparing monthly statements for the preliminary and design phase of the Project, GCE 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, GCE shall proceed with services outlined in Article I C & D of Exhibit "A". 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. D. ADDITIONAL SERVICES: Additional Services as described in Article I of Exhibit "A" for this Project shall be invoiced either based on our Schedule of Hourly Rates or sub consultant fee plus 10%, as defined below. The Additional Services for this Orange Street Widening from State Highway 35 to Hatfield Road Page 10 of 11 Project are as follows: a. Coordination with surveyor and other consultants (Task B.1) (cost not-to-exceed) b. Agency coordination and permitting (BDD4, Utility/pipeline, And BNSF (OWNER will provide permit fees) (Tasks B. 2 ) c. Stormwater Pollution Prevention Plans (Task B.3) (cost not-to-exceed) d. Additional Engineering man-hours during construction phase (Task B.4) (cost not-to-exceed) e. Miscellaneous expenses (Task B.5) (Invoice plus 10%) $ 14,175.00 $ 10,608.00 $ 7,320.00 $ 7,476.00 $ 6,500.00 Total, Additional Services $ 46,079.00 Direct labor will be charged at the following rates: Labor Category Direct Labor Hourly Rate Principal-in-Charge $ 52.88 Project Manager $ 48.08 Principal Engineer $ 43.27 Civil Engineer $ 35.58 CAD Technician $ 14.42 Construction Inspector $ 25.00 Clerical $ 11.00 Direct labor will be billed at a multiplier of 2.9 except that for the Construction Inspector, which will be billed at a multiplier of 2.2. Direct Expenses will be charged at the following rates: Plotting Reproduction Mileage Bond Color Vellum Mylar $2.00 $5.00 $4.00 $8.00 B luelineslB lacklines $0. 15/square Foot $0.40 per mile If other Additional Services as described in Exhibit "A", Article II, are required, GCE shall be compensated as follows: a. Where the services of individuals are supplied by GCE, 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 $60/hour rate plus mileage. b. Services for direct non-labor expense and sub-contract expense provided by GCE shall be reimbursed at actual cost times a multiplier of 10%. Orange Street Widening from State Highway 35 to Hatfield Road Page 11 of 11