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R2004-005 01-12-04 RESOLUTION NO. R2004-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH FREESE & NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE CULLEN BOULEVARD SEWER PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Freese & Nichols, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Freese & Nichols, Inc., for engineering services associated with the Cullen Boulevard Sewer Project. PASSED, APPROVED and ADOPTED this the 12th dayof January , A.D., 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit "A" Resolution No. R2004-5 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: Engineering design services in connection with Cullen Blvd. Sewer Improvements from Fite Road to Broadway Street. EngineedSubconsultant(s) Fee Basis of Compensation Freese and Nichols, Inc. $42,500.00 Cost Plus/NTE Maximum Contract Amount $42,500.00 Cost Plus/NTE * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed t© be between City and any subconsultant. Delivery of plans, specifications and estimates: Sixty (60) days from completion of Services. 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: 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 Iow bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one percent (1%) 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. 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. (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 Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended .only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE as of the ] ? day of ~]anuary ,2004 CITY OF PEARLAND By: ~~----~~' Printed Name: Bi 11 Ei sen Title: City Manager ENGINEER Printed Name: Title: ~ , STATE OF TEXAS § COUNTY O /4. ~-,-, r';',~ § 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 "~"-'-'~'/ , A.D., 20 O/7' / AND SEAL OF OFFICE THIS /~ DAY OF NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: c~ ~/~ My Commission Expires:---~r,'! Printed Name: ~z_~,q. My Commission Expires: MY HAND AND , A.D., 20 ¢~(.¢/. B IN AND FOR THE STATE OF TEXAS GIVEN UNDER STATE OF TEXAS , § COUNTY OF /~/'? .g~'~¢.._ § Bf_¢EFOR_E/)ME, the undersigned Notary Public, on this day personally appeared /9 f__,--O/~ t/~,-~'~//'f , 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. 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: 24" gravity Sanitary Sewer on Cullen Boulevard from Fite Road to Broadway (FM 518). A. DESIGN PHASE 1. Attend preliminary conferences with the OWNER to establish requirements for the Project. 2. Use the current Cullen Blvd. project electronic files to prepare topographical background plan/profile sheets for the limits of the project for purpose of design. 3. Design and prepare construction plans and details for approximately 2,500' of 24" gravity sanitary sewer line extended from Fite Road to near Broadway (FM 518). 4. Design and prepare construction plans and details for approximately 750' of 16" force main to reroute existing force main across and along Broadway (FM 518) to Cullen Blvd. to discharge into new 24" gravity sewer. 5. Prepare stormwater pollution prevention plans for the construction. (Additional Services) 6. Prepare traffic control plans, if necessary, for construction near Fite Road and Broadway (FM 518). (Additional Services) 7. Provide coordinations with TxDOT for work near and across Broadway (FM 518), Brazoria County Drainage District No. 4, and pipeline company. (Additional Services) 8. Prepare detailed specifications and Contract Documents for the construction authorized by the OWNER. 9. Prepare detailed cost estimates of authorized construction. FNI shall not be required to guarantee the accuracy of these estimates. 10. Conduct monthly meetings with the OWNER to report project progress and resolve design issues. 11. Furnish to the OWNER five (5) copies of approved Plans, Specifications, and Contract Documents. Please note that no field surveying to gather topographical information or nor R.O.W. plans and property description and geotechnical investigation included in above scope. It is assumed that necessary information from Cullen Blvd. project will be available for design purposes. If additional services are warranted, OWNER will be notified. 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: 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. T:OFF03041 ~P55t .Scope of Svcs.doc SC-1 FNI OWNER Co 2. Distribute one copy of plans and bid documents to selected plan rooms. o 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. o 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). 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. 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 (1) copy of these documents will be used by FNI during construction. Additional sets of documents can be provided as an additional service. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services. However, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures is an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their T: OFF03041 kP55t. Scope of Svcs.doc SC-2 FNI-~ OWNER subconsultants on this project to be listed as an additional insured on contractor's insurance policies. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a form for the purpose of monthly pay estimates of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the OWNER and contractor. o Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. o re re '7. ~C~ te~ of in¢ 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 >r for the safety measures that the contractor takes or should take. >tify the contractor of non-conforming work observed on site visits. Review quality lated documents provided by the Contractor such as test reports, equipment installation )orts or other documentation required by the Construction contract documents. ,ordinate the work of testing laboratories and inspection bureaus required for the ting or inspection of materials, witnessed tests, factory testing, etc. for quality control the Project. The cost of such quality control shall be paid by OWNER and is not luded in the services to be performed by FNI. o Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change T:OFF0304 lx, P55t. Scope of Svcs.doc SC-3 FNI .-'~,~ OWNER 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. Field surveying required for the preparation of designs and drawings. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. T: OFF03041 ~P55t. Scope of Svcs.do¢ SC-4 FNI ..~,~ OWNER 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. Making revisions to drawings, specifications or other documents when such revisions are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. 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. 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. Ko 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. 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:OFF03041 ~P55t. Scope of Svcs.doc SC-5 FNI ..~,~ OWNER O0 Y0 Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Services required to resolve bid protests or to rebid the projects for any reason. 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. Providing services after the completion of the construction phase not specifically listed in Article I. 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. Providing services made necessary because of unforseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. Provide follow-up professional services during Contractor's warranty period. Provide geotechnical services as required. T: OFF03041XP55t. Scope of Svcs.doc SC-6 FNI~' OWNER ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services called for in Article IA (Design Phase) so as to deliver completed Plans, Specifications, and Estimates of Cost for all authorized construction of the Project, within (60) calendar days thereafter. Review periods by City, acquiring approvals and permits have not been accounted for. FNI will proceed with the performance of the services called for in Article IB and IC (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 FNI: mo 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. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 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. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. Furnish approvals and permits from all govemmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports T:OFF0304 lXP55t. Scope of Svcs.doe SC-7 FNI ...~,~ OWNER resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project Representative service so the Bidders can be informed. Ko 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 IC, together with such adjustment of compensation as appropriate. 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. 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. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. N. Bear all costs incident to compliance with the requirements of this Article IV. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - (Joe Wertz, 3519 Liberty Drive, Pearland,Texas 77581, (281) 652-1650) FNI's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581, (281) 485-2404) FNI's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281) 485-2404) T:OFF0304 l~P55t. Scope of Svcs.doe SC-8 FNI ..~W OWNER ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES For and in consideration of the serv/ces to be rendered by FNI, OWNER shall pay the fees hereinafter set forth. A. COMPENSATION: Preliminary and Design Phases: Based on a preliminary construction cost of $330,000 (excluding stormwater pollution prevention and traffic control), a fee of 11% of construction is computed (See Exhibit "A"). For the purpose of preparing monthly statement, 85% of the Basic Fee shall be used for Preliminary and Design phases. Therefore, compensation to FNI for the Preliminary and Design Phases in Article IA of Attachment SC (excluding Additional Services) shall be a lump sum of $30,855 ($330,000 x 11% x 85%=$30,855). If FNI sees the Scope of Services changing so that additional services are needed, FNI will notify OWNER for OWNER's approval before proceeding. Construction Phase: For the Construction Phase of the project 15% of the adjusted Basic Fee shall be allocated. Therefore, compensation to FNI for Bid and Construction Phase in Article IB&C of Attachment SC shall be a lump sum of $5,445 ($330,000 x 11% x 85%= $5,445). 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 IA of Attachment SC, a total budget of $6,200 is proposed. Detail concerning the fees is included in this Attachment CO. B COMPENSATION TERMS: "Construction Cost" is defined as the total cost to OWNER for the execution of the work on the construction Project, excluding the fees or other costs for engineering and legal services and the cost of land, right-of-way, and administrative expenses, but including the direct cost to OWNER of all current construction contracts, items of construction including labor, materials and equipment, required for the completed work (including extras) and the total value at the site of Project of all labor, materials and equipment purchased or furnished directly by OWNER for the Project. "Sub-Consultant Expense" is defined as the expense that is incurred by FNI in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, process design and similar services that are not included in the Basic Services. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by FNI for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. T:OFF0304 BP55t. Compensation CO- 1 FNI OWNER ATTACHMENT CO C. BASIC SERVICES: 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 preliminary and design phase of the Project, FNI shall submit to the OWNER payment requests in proportion to that part of the service which has been accomplished as evidenced by monthly statements. Final payment for Preliminary design phase shall be due upon the completion of service, whether the work be constructed or not. Upon authorization from the OWNER, FNI shall proceed with services outlined in Article IB&C 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. D. ADDITIONAL SERVICES: Additional Services as described in Article IA of Attachment SC for this Project shall be invoiced either based on our Schedule of Hourly Rates or subconsultant fee plus 10%, as applicable. The Additional Services for this Project are as follows: a. Coordination with TxDOT, BDD4 and pipeline company b. Stormwater pollution prevention plans c. Miscellaneous reimbursables (cost + 10%) $ 2,000 $ 2,000 $ 2,200 Total, Additional Services $ 6,200 If other Additional Services as described in Attachment SC, Article II, are required FNI shall be compensated as follows: ao Where the services of individuals are supplied by FNI, as authorized by OWNER, payment for these services will be based on salary costs times a multiplier of 3.00, except for resident project representative services which will be a flat $65/hour rate plus mileage. b. Services for direct non-labor expense and sub-contract expense provided by FNI shall be reimbursed at actual cost times a multiplier of 10%. T: OFF03041XP55t. Compensation CO-2 FNI OWNER EXHIBIT A mOO ~) ,..., CURVE FOR ENGINEERING COMPENSATION FOR ROADS,, BRIDGES, AND RELATED SERVICES. i I I I! I I I I I I I I i ' · I I I I I I I I i I I I I '/ BASIC ,SERVICE-el -- I=~RCENT' JAf, I Freese Nichols, Engineers EnvironmentaL Scientists Architects 2010 East Broadway Pear[and, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com SCHEDULE OF CHARGES POSITION MIN MAX PRINCIPAL OF FIRM OFFICE MANAGER SENIOR PROJECT MANAGER PROFESSIONAL ENGINEER/PROJECT MANAGER DESIGN ENGINEER SR. CADD DESIGNER CADD OPERATOR RESIDENT CONSTRUCTION INSPECTOR CONTRACT/OPERATIONS ANALYST WORD PROCESSING/SECRETARIAL The ranges and individual salaries will be adjusted annually. 140 215 135 145 125 140 90 100 70 85 45 55 40 45 65 75 65 70 50 60 EXPENSES Plotting Printing Bond $ 2.00 per plot Bluelines/Blacklines Color $ 3.50 per plot Offset and Xerox Copies Vellum $ 4.00 per plot Binding Mylar $10.00 per plot Tape Binding $0.08 per square foot $0.07 per side copy $2.00 per book $1.75 per book Computer and Cadd PC Cad Stations $10.00 per hour PC Stations $ 8.00 per hour OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside 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: OFF9999\FN2OO3ScheduleofCharges.doc PRELIMINARY CONSTRUCTION COST ESTIMATE 24" SANITARY SEWER LINE CULLEN BLVD. FITE RD. TO BROADWAY(FM 518) 1 MOBILIZATION LS $10,000.00 1.00 $10,000.00 2 24" PVC SAN. SWR. LF $65.00 2,500.00 $162,500.00 3 16" FORCE MAIN LF $40.00 500.00 $20,000.00 4 16" FORCE MAIN IN CASED BORE LF $225.00 200.00 $45,000.00 5 16" FORCE MAIN IN UNCASED BORE LF $75.00 50.00 $3,750.00 6 MANHOLE EA $2,200.00 7.00 $15,400.00 7 EXTRA DEPTH MANHOLE LF $100.00 35.00 $3,500.00 8 WELL POINTING (BUDGET) LF $20.00 1,250.00 $25,000.00 9 TRENCH SAFETY LF $1.50 3,050.00 $4,575.00 10 TRAFFIC CONTROL @ FM 518 & FITE MON $2,500.00 2.00 $5,000.00 11 SW3P LS $15,000.00 1.00 $15,000.00 12 MISC. DIP FITTING FOR FORCE MAIN TON $2,500.00 2.001 $5,000.00 13 SITE RESTORATION LS $6,000.00 1.00 $6,000.00 SUBTOTAL CONTINGENCIES @ 10% TOTAL EST. CONST. COST $320,725.00 $32,072.50 $352,797.50 c:cullen24SS