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R2007-192 2007-11-26 RESOLUTION NO. R2007-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE EAST MARY'S CREEK REGIONAL DETENTION POND. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering services associated with the East Mary's Creek Regional Detention Pond, 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 for engineering services associated with the East Mary's Creek Regional Detention Pond. ""-;::'~Rt''''.", /o'~ ~*..;::........:1-tq'~, ~ ." ....,...~ i~( Y~l . <.Y . . A TIES' ./0/ ....,.,"",......:........~.:.,.".,f "'"llitU\'~\' PASSED, APPROVED and ADOPTED this the 26th day of November, A.D., 2007. ~~) f<u TOM REID MAYOR APPROVED AS TO FORM: G___' /t. ~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2007-192 DR2006 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on November 26, 2007 by and between the City of Pearland ("CITY") and Freese and Nichols, Inc. ("CONSULTANT"). The CITY engages the CONSULT ANT to perform professional services for a project known and described as East Mary's Creek Regional Detention Pond ("PROJECT"). (Project # DR2006) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide Design Engineering Phase Services, including Environmental Permitting services in connection with the East Mary's Creek Regional Detention Pond. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULT ANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULT ANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. -1- 10. Revised 11/15/07 F. The CONSULTANT 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 CONSULTANT, 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) 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. The CONSULTANT 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, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT 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 CONSULT ANT 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 CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. -2- 10. Revised 11/15/07 H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon the completion of the Construction and Wetland Mitigation Monitoring Phase services. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is lump sum, with additional services based on hourly rates. Total compensation for the services performed shall not exceed $411,147.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULT ANT subject to the following limitations: 1. Prior to approval of the preliminary design (50% design) payments to the CONSULTANT shall not exceed 50% of the total CONTRACT amount. 2. Prior to approval of the fmal design documents, payments to the CONSULT ANTS shall not exceed 95% of the total CONTRACT amount. The final approval and payment will be made within a reasonable period oftime regardless of the project construction schedule. 3. If the scope of work of this CONTRACT includes the preparation of studies, design concepts, or other investigations, progress payments shall not exceed 95% of the total CONTRACT amount prior to submittal of the final report deliverables. B. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. -3- 10. Revised 11/15/07 B. The CITY shall review submittals by the CONSULT ANT and provide prompt response to, questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULT ANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULT ANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSUTANT's status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2010 East Broadway, Pearl and, Texas 77581. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULT ANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULT ANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULT ANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. -4- 10. Revised 11/15/07 F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULT ANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI - ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT 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. SECTION VII - COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULT ANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. -5- 10. Revised 11/15/07 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this 26th day of November ,2007. ~ BILL EISEN, CITY MANAGER 11-26-07 CITY OF PEARLAND, TEXAS ~,/-- ;flc- CONSULTANT - - -6- 10. Revised 11/15/07 EXHIDIT "A" SCOPE OF SERVICES AND RESPONSIDILITIES 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: East Mary's Creek Regional Detention Pond. A. POND DESIGN I. Attend a kick-off meeting with the OWNER's representatives to establish requirements for the Project. 2. Project management to include coordination meetings, monthly meetings to report progress and resolve design and other issues, throughout the course of design and Phase 1 construction of the Project. 3. Upon wetland verification by the U.S. Army Corps of Engineers (USACE) and in coordination with the OWNER modify the Pond layout as necessary to facilitate the approval of the pond and wetland mitigation by the USACE. 4. Based on the preliminary layout established in the Preliminary Engineering Report and the refinement made after the wetland verification, prepare construction plans, typical cross sections, horizontal controls, and details for the construction of ultimate pond (approximately 296 ac-ft storage), Show Phase 1 construction limits for approximately 125 ac-ft storage including the necessary typical cross sections, horizontal controls, and details. 5. Based on the intake weir and discharge piping defined in the Preliminary Engineering Report and the refinement made after the wetland verification, prepare construction plans and details for the Phase I and ultimate construction of intake weir, discharge piping, and control valve. 6. Design and prepare plans and details for perimeter drainage swales and drainage structures for Phase 1 and ultimate construction. 7. Prepare stormwater pollution prevention plans and details for Phase 1 construction. 8. Refine the hydraulic computations and modeling of the pond conducted in the preliminary phase. 9. Assemble and submit 50%-complete set of plans and details to the OWNER for review and comments. 10. Meet and discuss 50%-complete review comments. 11. Incorporate OWNER's comments from 50%-complete review into design and construction plans. 12. Prepare technical specifications and contract documents for the Phase 1 construction. T:\Pearland\PRL Y\Scope of Services. doc SC-I FNI~..b' OWNER 13. Assemble and submit a 90%-complete set of plans, details, and technical specifications to the OWNER for review and comments. 14. Prepare a 90%-complete level quantities and Opinion of Probable Construction Cost for the Phase 1 construction. A separate set of quantities and construction cost estimate based on current prices will be prepared for the ultimate pond construction. 15. Finalize Construction Documents for Phase 1 construction and submit five (5) sets of plans and technical specifications to the OWNER. Quantities and construction cost estimate will be updated and submitted with copies of final construction documents. B. WETLAND MITIGATION DESIGN 1. Based on the coordination with USACE on permitting and wetland mitigation defined in the Section 404 permit application, prepare wetland mitigation plans and details for entire pond. Define Phase 1 and ultimate phase construction of wetland mitigation. 2. Assemble and submit a 50%-complete set of mitigation plans and details along with detention pond plans for OWNER's review and comments. 3. Meet and discuss 50%-complete review comments. 4. Incorporate OWNER's comments from 50%-complete review into mitigation plans. 5. Prepare the necessary technical specifications for the wetland mitigation. 6. Assemble and submit a 90%-complete set of mitigation plans and details along with detention pond plans for OWNER's review and comments. 7. Prepare a 90%-complete level quantities and opinion of probable construction cost for the Phase 1 construction. A separate set of quantities and construction cost estimate based on current unit prices will be prepared for the Ultimate Phase construction. 8. Meet and discuss 90%-complete review comments. 9. Finalize wetland mitigation plans, details, and technical specifications along with detention pond construction plans and submit copies as part of detention pond. Quantities and construction cost estimate will be updated and submitted with copies of final construction documents. C. ENVIRONMENTAL PERMITTING AND COORDINATION 1. Participate in the USACE field jurisdictional verification of the wetland delineation report prepared by Othon, Inc. in June 2007. 2. Based on pre-application meeting with the USACE, prepare Section 404 application, including a compensatory mitigation plan for an individual permit and submit to the USACE for review and approval. T:IPearlandlPRL Y\Scope of Services. doc SC-2 FNI~ OWNER 3. Coordinate and meet with the USACE and other resource agencies, including the U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Parks and Wildlife Department, and others as necessary. This task will include preparing a request to the USACE to put the project on the agenda for a Joint Evaluation Meeting. 4. Consult with the USACE Regulatory Branch archeologist regarding cultural resources evaluation requirements during review of the permit application. 5. Provide technical representation for cultural resources investigations. This will include coordinating with a subconsultant to perform an archeological survey of the proposed construction activity areas and consultation with the Texas Historical Commission and USACE archeologist. D. WETLAND MITIGATION MONITORING 1. Attend kickoff meeting with mitigation contractor and conduct up to three site visits to observe mitigation construction activities. 2. Conduct mitigation site reconnaissance and establish monitoring sites in year 1 after mitigation construction is complete. Prepare year I mitigation monitoring report to the USACE including a map of monitoring sites, photographs and other information required to satisfY mitigation plan requirements. A draft report will be prepared for OWNER review and approval prior to submitting it to the USACE. 3. Conduct annual mitigation monitoring in September or October in years 2-5 following completion of mitigation construction. Prepare reports each year for submittal to the USACE. Draft reports will be prepared for OWNER review and approval prior to submitting them to the USACE. E. ADDITIONAL SERVICES 1. Coordinate and submit plans and hydraulic computations to Brazoria Drainage District No.4 (BDD#4) for review and approval of construction plans. Also, attend coordination meeting with OWNER to discuss permitting and mitigation plan issues with BDD#4 and to plan the constru~tion of ultimate phase by BDD#4 in future. FNI will also coordinate with pipeline compames as necessary. 2. Coordinate and obtain additional topographical survey needed to supplement previous topography and mapping completed in preliminary phase by C.L. Davis and Company. These services shall be on as-needed basis with a not-to-exceed budget.(Subconsultant) 3. Provide miscellaneous printing, plotting, mileage, and deliveries. This expense budget does not include any application fees to USACE or other agencies. 4. Additional engineering services, on as-needed basis, during construction phase for field and office meetings with OWNER and Contractor. 5. Conduct Archeological Survey of site for purpose of permitting. (Subconsultant) T:IPearlandlPRL Y\Scope of Services. doc SC-3 FNI ~.$ OWNER F. 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 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 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. G. 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 T:IPearlandlPRL Y\Scope of Services. doc SC-4 FNI~ OWNER 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 ofthe Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures is an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. I. 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 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 T:\Pearland\PRL Y\Scope of Services. doc SC-5 FNI~ OWNER 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. 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 and mapping required beyond scope described in Article I.E. I. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. T:IPearlandlPRL Y\Scope of Services. doc SC-6 FNI ".A1.8 OWNER 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 reVlSlons are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FN1. 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 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 FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article IC. If OWNER provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, Responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. M. Assisting OWNER in claims disputes with Contractor(s). N. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. T:\Pearland\PRL Y\Scope of Services. doc SC-7 FNI ~.19 OWNER 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 beyond scope described in subconsultant's proposal. 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. 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 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 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. BB. Providing additional geotechnical investigation 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 Pond Design and Wetland Mitigation related services (Article lA, B & E)) within 150 calendar days and Construction Phase and Monitoring related services (Article IC& D) until all phases completed. The period needed by USACE to review, approve, and issue the Section 404 permit is not accounted for. T:\Pearland\PRL Y\Scope of Services,doc SC-8 FNI ~i? OWNER 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 RESPONSffiILITIES 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. 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. 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 ofFN1. 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. 1. OWNER shall determine, prior to receipt of construction bid, ifFNI is to furnish Resident Project Representative Service so the Bidders can be informed. T:IPearlandlPRL Y\Scope of Services. doc SC-9 FNIA:18 OWNER J. Attend preconstruction conference, construction progress and other job related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. M. 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 - Andrea Brinkley, 3519 Liberty Drive, Pearland, Texas 77581, (281) 652-1797) 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:IPearlandlPRL Y\Scope of Services. doc SC-I0 FNI 4/.B 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. COMPENSA nON: 1. Compensation to FNI for the services as defined in Article IA thru G of Attachment SC shall be as follows: a. Detention Pond Design (Lump Sum) $163,600 b. Wetland Mitigation Design (Lump Sum) $43,400 c. Environmental Permitting and Coordination (Cost-Not -to- Exceed)) $48,405 d. Wetland Mitigation Monitoring (Cost-Not-to-Exceed) $50,300 e. Bid Phase (Lump Sum) $13,200 f. Construction Phase (General Representation) (Lump Sum) $39,600 g. Additional Services: 1. Coordination with BDD#4 & Pipelines (Cost-Not-to-Exceed) $4,500 2. Miscellaneous Expense (Cost + 10%) $6,600 3. Additional Engineering During Construction Phase. (Cost-Not-to-Exceed) $12,400 4. Additional Topography (subconsultant + 10%) $16,500 5. Archeological & Cultural Survey (Subconsultant + 10%) $12,642 Total $411 , 147 Therefore, total fee shall not exceed $411,147 without prior reauthorization. FNI sees the Scope of Services changing so that additional services are needed, FNI will notify OWNER for OWNER's approval before proceeding. T:\Pearland\PRL Y\Compensation.doc CO-l FNI~ OWNER ATTACHMENT CO B. COMPENSATION TERMS: I. "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: I. Upon authorization from the OWNER, FNI shall proceed with the services outlined in Article IA of Attachment SC. For the purposes of preparing monthly statements for the 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 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 B of Attachment SC on as-needed basis. Monthly payment requests shall be submitted to the OWNER for that portion of service which has been accomplished as evidenced by monthly statements. 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 3.10, except for resident project representative services which will be a flat $75/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:\Pearland\PRL Y\Compensation.doc CO-2 FNI~ OWNER f------:J- ~ ~ ] ~ ~ o N f--- ~ ~ ~ = Q '" '0 < - u - ~ ~ = ~'5 ~ ~ ",Q ~ " ... '" ~ - c _ .~ ~ ..'" ',= .:c: ~ ~ ]~ ~a "':l ~.~ c21 i:: i~~ ~.~ ~ '0 6 E ~g g '-'-" :g '; o c !~ ~ .~l U ~ ~.~ :EW ~~ = ~.~ ~ ~ W - ,E ~ ~ 0 [~ ~ = ---:::- ,g ~ > . c U t;W 'u --i:-- .~ .~ ~ ~ " W ~ ~~ ! :~ ~ ~ g vi~ r---- i '0 ~ ~ ~ ~ N - il ti ;;;... e - .. .9 ;:j~ [;l.:! :: e .... e< .~ :~ W u '" . o C- '0 ~ "" ~ ~ i= ~ g ~~8~~~ t~~a~~ ..; o ~N~~:! 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"'" '" '" W U :; '" W '" -' ~ W :E z o '" ~ W olj <.:> z i2 W W z G z W -' ~ o .... ~ .g ~ al & Ii, ~ ~ u ~ :E Freese und N i 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 HOURLY RATE PRINCIP AL OF FIRM OFFICE MANAGER ENVIRONMENTAL SCIENTIST VII SENIOR PROJECT MANAGER PROJECT MANAGER ENVIRONMENTAL SCIENTIST III PROJECT ENGINEER DESIGN ENGINEER GIS ANALYST ENVIRONMENTAL SCIENTIST I SR. CAD DESIGNER CAD TECH RESIDENT CONSTRUCTION INSPECTOR CONTRACT/OPERATIONS ANALYST WORD PROCESSING/SECRETARIAL $205 $185 $165 $155 $120 $100 $100 $ 90 $ 80 $ 60 $ 65 $ 60 $ 75 $ 80 $ 65 The ranges and individual salaries will be adjusted annually. EXPENSES Plottin!! Bond Color Vellum Mylar $ 2.50 per plot $ 5.75 per plot $ 5.00 per plot $10.00 per plot Printin!! Bluelines/Blacklines 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 Milea!!e $.53 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 Pearl and 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:Pearland/2007HourlyCharges+GIS.doc len. C. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood, Texas 77546 281.482.9490 FAX 281.482.1294 cldavis@cldaviscompany.com October 1 8, 2007 Mr. Ron Bavarian, P .E. Freese & Nichols 2010 Broadway Peariand, Texas 77581 Re: East Mary's Creek Regional Detention Pond Proposal No. 2007-166 Dear Mr. Bavarian: Our proposal for land surveying services for the above referenced project is as follows: 1. Additional Land Surveying service for environmental permitting and design of Regional Detention Pond................................................................................................ $15,000. 00 Total Amount of Proposal.......................... ........................ .................. ......................... ............ $15, 000. 00 Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly basis as described below: . Principal Registered Professional Land Surveyor (RPLS) Technical/CAD Three-man field crew Data Collector Clerical $150.00 $100.00 $90.00 $110.00 $30.00 $55.00 . . . . . All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services should be sent to the above address to the attention of Complaints Officer of the Board. Thank you for the opportunity to submit this proposal and we look forward to working with you. Sincerely, ~~ C. L. Davis, R.P.L.S. Approved & Accepted Mr. Ron Bavarian, P.E. Freese & Nichols Date :5urve"1in1 tfl,e 9re~t :5t~te "fTex~s f"r L.O 1Je~rs 2007-166 East Mary's Creek Regional Detention Pond.doc Budget Proposal Constraints Site Discovery Phase Cultural Resource Survey E. Mary's's Creek Detention Basin Tract, Brazoria County, Texas MAC No. 07-114 Oct. 18,2007 Prepared for: Mehran Bavarian Freese & Nichols, Inc. Survey Obiectives. Assumptions & Limitations under Proposed Budget This budget provides for a 100% pedestrian survey of a ca. 70-acre proposed floodwater detention basin on E. Mary's Creek in Brazoria County, Texas. A Texas Antiquities Permit must be acquired for this survey from the Archeology Division of the Texas Historical Commission prior to the field investigation. This proposal is based upon two important assumptions: (I) that the Archeology Division of the Texas Historical Commission will not require backhoe investigations for deeply buried archeological deposits for the on E. Mary's Creek survey based on the low potential of this tract for deeply buried sites, and (2) the assumption that no archeological sites or materials will be found. Archeological site discovery entails considerable additional expenditure in order to satisfy the site recording and reporting standards of the Texas Historical Commission. There are no previously recorded sites within the tract, and previous investigations in the area suggest that the probability is only moderate that prehistoric (Native American) sites will be found, during the survey. However, in the event that archeological sites are found, a subsequent Site Delineation & Assessment Phase survey will be required in order to meet the recording and preservation standards of the Texas Antiquities Code. It is more prudent for all parties, however, to defer this stage until the actual potential of the tract has been determined through the Site Discovery Phase investigations. The attached budget presents a realistic evaluation of the field and analysis time requiredfor site discovery survey and survey documentation of this tract in the event that no archeological sites are found A budget amendment proposal will be prepared in the event that one or more archeological sites are identified during the site discovery phase survey. Additional investigation time will be required if archeological sites are discovered for site delineation I and the consequent, additional necessary artifact analyses and report preparation. MAC will work to reduce the costs to the Client by preparing a supplemental budget to cover these necessary tasks only in the event that archeological sites are discovered. Contingent upon regulatory approval of the scope and the discovery of no archeological remains, Moore Archeological Consulting will thus perform the proposed archeological investigation for a total fee not to exceed $11,492.00 as per the attached, detailed budget proposal. Acceptance of this bid and conditions may be indicated by signature below. Date Moore Archeological Consulting, Inc., Inc. Date 1 No less than six shovel tests (and often considerably more) are required to determine site boundaries by THC rules. PN 07-113 Budget Constraints >i G> ~ ~ l/) co ... 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