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R2011-052 - 2011-05-23RESOLUTION NO. R2011-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT AND BUDGET ADJUSTMENT FOR ENGINEERING SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Business Center Drive Project, 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 design services associated with the Business Center Drive Project. Section 3. That a budget adjustment in the amount of $357,045 for revenues and expenditures is hereby authorized to appropriate funds for the design contract. PASSED, APPROVED and ADOPTED this the 23rd day of May, A.D., 2011. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2011-52 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on a3, Z0 t\ by and between the City of Pearland ("CITY") and Freese -Nichols Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Business Center Drive ("PROJECT"). (Project # TR0811) 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 engineering design services for plans, specifications, and estimates for Business Center Drive between CR59 and Broadway. 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 CONSULTANT 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 docutnents 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 CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design 1 of 6 DI. Revised 2/10 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 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. 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. Design 2 of 6 DI. Revised 2/10 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 CONSULTANT 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. 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 completion of construction. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is lump sum for design phase services, hourly not to exceed for bid and construction phase services, and per the attached proposal for special services. Total compensation for the services performed shall not exceed $357,045.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to approval of the 60% design plans, payments to the CONSULTANT shall not exceed 60% of the lump sum for Design Phase CONTRACT amount. 2. Prior to approval of the final design documents, payments to the CONSULTANTS shall not exceed 90% of the lump sum for Design Phase CONTRACT amount. The final approval and payment will be made within a reasonable period of time 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 80% of the total CONTRACT amount prior to submittal of the final report deliverables. Design 3 of 6 DI. Revised 2/10 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 terns 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. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'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 CONSULTANT'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 CONSULTANT'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 11200 Broadway Street, Suite 2332, Pearland, Texas 77584. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 Design 4 of 6 Dl. Revised 2/10 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. 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 CONSULTANT. 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 CONSULTANT 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. Design 5 of 6 Dl. Revised 2/10 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 23rd day of May 20 11 Bill Eisen, City Manager ....4,...74.4,.. sIZ------.=-----------. CONSULTANT Design 6 of6 DI. Revised 2/10 EXHIBIT A TRANSPORTATION SCOPE OF SERVICES FOR Business Center Drive Extension Design 1 of 7 D6. Revised 7/08 BASIC SERVICES; The Consultant shall render the following professional engineering services to the OWNER in connection with the construction of the Project, 1. Preliminary Phase Services ( Previously Completed) a. Attend meetings with City & external agencies including County, State & Federal entities, as required, to identify 8( solicit necessary information. b. Gather City's existing information c. Provide or Procure additional information as required from i. Surveyor & Base plans II. Geotechnical Consultants iii. Environmental Consultants iv. Record drawing and/or As-Builts information from previously constructed utilities 2. Prepare Preliminary Engineering Report (PER) ( Previously Completed) a. Submit Draft report containing: i, Executive Summary & Design Recommendation & review of Design Alternatives ii. Alignment & Topographic Surveys in accordance with City Standards ill, Draft Geotechnical report with bore location logs & pavement design recommendations iv. Draft environmental study Phase 1 site assessment & Preliminary Jurisdictional Wetlands Determination and schedule USAGE verification; if required, Preliminary Mitigation plan; if required, Endangered Species & Cultural Resources studies Design 2 017 DG. Revised 7/08 v. Prepare 30% construction drawings 1. Drainage Study Report; Drainage Area maps with developed area flow calculations and preliminary Drainage Design in accordance with HCFCD and/or as applicable BDD4 requirements 2. Preliminary Horizontal & Vertical Alignment in Plan & Profile format vi. Preliminary parcel map per additional services Part 1: 1. existing easements &right of way 2. proposed easements & right of way 3. requirements with owner's information 4. parcel owner's information 5. existing improvements 6. existing permanent improvements within 25' of proposed ROW vii. Identify utility conflicts & notify utilities viii. Prepare a preliminary Engineer's estimate ix. Attend monthly progress/update meetings b. Submit Final Report 1. Prepare written response to City's review comments if. Make revisions to report & resubmit for final approval Hi. Submit final report when all comments are addressed 3. Final Design Phase Services (See Supplemental Scope of Services Article 1.A & B for additional detail) a. Prepare final plans details specifications and cost estimate in accordance with City of Pearland's Design Criteria Manual (DCM) i. prepare detailed construction drawings, specifications and construction bid packages for the proposed Projects ii. attend monthly progress/update meetings at the City Design 3 or7 D6, Revised 7/08 Hi. including roadway geometries, pavement, drainage, sidewalks, street lighting, pavement markings, traffic signals, utilities, landscaping and other design elements as necessary iv, provide work sequencing plans — coordinated with other work and other local projects v. provide two (2) sets plans and specifications and estimates to City for review at 60% & 90%; provide written comments/resolution to City revisions/comments vi. submit 60% & 90% plans to utility company's for coordination of utility relocating; coordinate with City on formal notifications vii. coordinate with utility companies & pipeline companies to identify conflicts & schedule relocations viii . coordinate submittals for review & acquire approvals of all permits including and not limited to: TxDOT, Railroads, USACE, Nationwide or Individual permits (if required) & County Drainage Districts ix, coordinate with private developments & other public entity engineer's for adjoining work/projects x. prepare bid sets including Plans, Specifications, Bid Proposal, (utilizing City Standard Details +Specs; for details & specification sections the City does not have, submit proposed supplement specs; Submit to City for signatures xi. prepare Engineer's estimate Design 4 of 7 DG. Remised 7/08 4. BId Phase Services a. Provide Notice to Bidders (NTB) to the Project Manager. City is responsible for advertising. b. Reproduce and disseminate bid sets to Dodge, AGC, ABC, Amtek and (2) two sets to the City [PM (1) and Purchasing (1)] s, Deliver digital files of bid sets to the City for their use in bidding the project using their online bidding system. 1. An electronic record of plan holder's list will be kept by th City. d. Chair pre-bid meeting and attend the Bid Opening e, Respond in writing to questions from bidders and prepare addenda as necessary. f. Assist with design of Bid Proposal* g. Prepare Engineer's Recommendation of Award Letter that includes the following required content: i. Check for math errors and reconcile any mathematical discrepancies 11. Review for unbalance bid items iii. Certified Bid Tabulation including Engineer's estimate iv. Review of contractor's financial standing and references provided v. Explanation of discrepancies between the Engineer's estimate and bids vi. Recommendation to award 5. Attend City Council meeting and recommendation for award of Contract for Construction. 6. Produce and transmit to selected contractor five (5) sets of project manuals ready for execution with City's Notice of Intent to Award (NOI) Design 5 of 7 D6. Revised 7/08 *This is the use of bid strategies to attain lowest possible prices for work, use of alternatives, etc. 7, Construction Phase Services a. Construction Administration 1. Attend pre -construction meeting to provide information & answer questions ii. Attend monthly progress meetings with Construction Manager, Contractor & City of Pearland as needed ill. Review/approve & comment on Contractor's submittals, RFIs, Contractor Proposals, Request for Change Orders (RCO) including coordination with Construction Manager on Proposals & Change Orders iv. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems v. Conduct Substantial Completion Inspection with CM or PM to: 1. review progress of work for Substantial Completion walk through 2. generate a punch list of items for correction 3. substantiate items that are completed 4. issue both Certificate of Substantial Completion (signed/sealed from Design Engineer) & Final Acceptance or -2nd walk through vi. Issue Final Completion & Acceptance letter to City recommending acceptance & release of final payment vii. Coordinate contractors, CM/CI to provide complete record of As-Builts Drawing viii. Within thirty (30) days after receipt of As-Builts from the contractor to the CM, the project engineer shall provide to the City one. (1) set of full size reproducible record drawings, Design 6 of 7 D6. Revised 7/08 an electronic file copy (PDF format) and an AutoCAD file (.dwg), or compatible .dxf file Definition: 1) As-Builts "redlines": Contractor's record of field changes to the work in line, grade & elevation 2) Record Drawings: Engineer's incorporation of contractor's As-Builts Design 7 of 7 D6, Revised 7/08 Additional Services Services to be provided after City authorization: 1. Surveying (Previously Completed for Roadway design) a. Design per Design Criteria Manual (DCM) including: 1. Topographic Survey ii. Geotechnical Boring on design plans b. Acquisition (Not in this Contract. To be performed by others) 1. Preparation individual parcel maps, Metes & Bounds for easements and/or Right of Way acquisition that includes: 1. proposed easements & right of way 2. requirements with owner's information 3. parcel owner's information 4. existing improvements 5. existing permanent improvements within 25' of proposed ROW 6. abstracting, staking parcels c. Construction i. ROW staking for utility relocation & construction staking to reestablish baseline and survey control (Not in this Contract) 2. Preparation of Geotechnical Report including Design Recommendation for the project, citing boring locations & depths, tailoring field investigation & laboratory activities to specific requirements of the project as necessary, customary & in keeping with best practices for the project type & requirements. (Previously Completed) 3. Storm Water Pollution Prevention Plan (SWPPP). Prepare a SWPPP tailored to the projectfor use by the Contractor during construction operation in keeping with TCEQ regulations. Design 1 ort 1)7. Revised 7/08 4. Traffic Signal Warrant Study. Develop a traffic signal warrant study (or determine the need for them) for intersections in the alignment. Such study shall determine the need for traffic signals at intersections on project the future need for signals at intersections riot being designed at ultimate capacities in subject project. (Previously Completed) 5. Texas Department of Licensing & Review. Submit plans for accessibility review and address all resulting comments for compliance with TAS & ADA (Final Inspection), 6. Environmental Report. Provide such services as maybe required and are more specifically defined in the Environmental Scope of Services, if requested and authorized, to produce a Phase I Environmental Site Assessment of the project site. (Previously Completed) 7. Platting Project Site. Provide surveying services to City to roplatt City property and right of way for project per City of Pearland platting requirements. Communicate these to Survey consultant direction, review & coordination of Surveyor to produce, submit and attain approval of property plat for recording by City of Pearland. (Not in this Contract) 8. Hydraulic Impact Analysis (if required) utilizing the FEMA effective model (latest TSARP update) for the relevant watershed. Analysis shall include: a. the specific structure or structures within the banks of the stream (present & future) and any detention requirements. b, detention requirements for present & ultimate improvements & no more than three alternate locations. (Previously Completed) 9. Conditional Letter of Map Revision (CLoMR). If appropriate & required, prepare CLoMR as required & in format(s) required to comply with both on either Harris County Flood Control Flood Plain Administration and/or Brazoria County Drainage District #4 & the City of Pearland Design Criteria Manual (DCM). (Not Required) Design 2 of 2 D7. Revised 7/08 SUPPLEMENTAL SCOPE OF SERVICES ARTICLE I BASIC SERVICES. Freese and Nichols, Inc. (FNI) shall render the following professional services to the City of Pearland (CITY) in connection with the development of the Project, described as: Business Center Drive Extension: 900' South of Broadway to County Road (CR) 59. Project construction plans, details and project manual (including bid proposal and specifications) shall be prepared in accordance with City of Pearlaud's Design Criteria Manual. A. DESIGN PHASE, SERVICES 1. Attend kick-off meeting with the CITY to establish requirements for the Project, 2. Attend monthly progress /update meetings. at the City. 3. Based on the alignment and layout established in Preliminary Engineering Report, dated February 23, 2009, design roadway alignment and geometries with roadway profile and prepale plan/profile sheets, (1"=20 1-1, 1"-2' V). Additionally, prepare -details, standards, construction notes, typical sections and other roadway design elements as necessary. 4. Based on the drainage scheme and criteria set forth in Preliminary Engineering Report, dated February 23, 2009 and 1-I&.I-I Report date February 12, 2009, design Project's storm sewer system along with hydraulic computations. The storm sewer design will be presented in roadway plan/profile sheets.. Additioflly, prepare d tails, standards, eot5struetrons notes and other drainage related elements as necessary. 5. Design 6' sidewalk along both sides of roadway from end of Pearland Town Center property line to CR 59, and on the cast side from 900' soutlh of Broadway to curl of Pearland Town Center property line. 6. Design and prepare plans and details for pavement marking and signage within the Project limits. 7. Design and show in roadway (Ilan -view only) 2" PVC street light conduit on both sides of roadway within Project limits. Streetlight layout and installation will be by the Power Company. 8. Design and prepare plans and details for traffic control at CR 59 tie-in and the segment north of Pearland Tont' Center back drive. Work will be coordinated with Brazoria County design engineer on CR 59. 9. Prepare Construction Specifications from the CITY's standard specifications with additional specifications not included in the CITY's standard specifications. 10. Prepare quantities for the Project and submit Engineer's Option of Construction Cost (OPCC) at 60%, 90%, and Final Completion. 11. Submit five (5) sets (1 full size + 4 half size) of 60°% -complete plans to the CITY for review and comments. Attend meeting to discuss comments. FNI wilt provide a response to C1TY's continents in writing. 6 \Propas lsiPeaaandsMUOOSPRLN -. uush,css Rorer Wave. 2011 SC -1 12. Upon receipt of 60% -complete comments, continue further development of construction plans and details to 90% Ievel, Submit five (5) sets (I full size + 4 half size) of 90% complete plans, technical specification and contrnet documents to the CITY for review and continents. Attend meeting to discuss continents. PNI will provide a response to CITY's comments in writing. 13. Submit 60% and 90% plans to private utility and pipeline companies to identify conflicts and coordinate relocations. Coordinate and assist CITY on formal notifications. 14. Coordinate submittals for review and obtain permits or approval from entities including, but not limited to, Drazoria County, I3DD'#4 and TxDOT. 15. Coordinate and exchange design information' with Brazoria County design consultant on the CR 59 and Soutirforkparkway improvements. 16. Coordinate and exchange design information with Parkside Capital design consultant on water, sanitary sewer and detention pond Improvements. 17. Prepare storm water pollution prevention plans and details for the project. 18. Upon final approval by the CITY, FNI will provide CITY five (5) sets of "Final" plans and oonstruetion documents. In addition, TNI will provide the CITY with pdf copies of the plans_ mid specifications on a CD, B. SPECIAL SERVICES 1. Design and prepare plans and details for a mast -arm signal design at the intersection of Business -Center Drive and CR 59. Work will be coordinated with Brazoria County design engineer on CR 59. FNI will also inrovide initial signal timing cycle and follow up with actual traffic count collection (sub -consultant), analysis and preparation of signal dining cycle study to recommend modifications to cycle timing per traffic counts and patterns. 2. Additional engineering services to modify plans, technical specifications, bid sheets, etc: for Phase 1 Construction. 3. Additional Topographical & Mapping for purpose of design on As -Needed basis • See attached sub -consultant proposal; 4. Perform traffic count collection at CR 59 intersection after signal operation for signal timing cycle study. See attached sub -consultant proposal, 5. Design and prepare plans, details, standards, technical specifications, quantities, and estimates for landscaping and irrigation system within the limits of the Project. Submit plans for review at 60% and 90% completions. See attached sub consultant proposal. 6. Miscellaneous expenses such as printing, deliveries and mileage. C. BID OR NEGOTIATION PHASE Upon authorization from the CITY, FNI will proceed with the performance of services in this phase as indicated in Exhibit A, "Transportation Scope of Services for Business Center Drive Extension" L9ProposaIswnanndCNDDBALX.. Business center nrivo , 201 SC -2 D, CONSTRUCTION PHASE Upon separate Authorization form the CITY, and upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described Exhibit A, "Transportation Scope of Services for Business Center Drive Extension?' FNI will endeavor to protect CITY 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 procedtu•es of constaction 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. PNI shall not be responsible for the acts or omissions of any person (except its owtt employees or agents) at the Project site or otherwise performing any of the Work of the Project. ARTICLE 11 ADDITIONAL SERVICES: Services that are not specifically listed in Exhibit A, "Transportation Scope of Services for Business Center Drive Extension" or above Supplemental Scope of Services shall be considered as Additional Services to be performed by FNI, if arithorized by CITY and will be paid for as stated in the Compensation Attachment, Item C.2. ARTICLE III TIMIE OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT incl agrees to complete the services called for in Exhibit A, "Transportation Scope of Services for Business Center Drive Extension" and Supplemental Scope of Servicesfrrticle-IA & B (Design Phase and Special Services) so as to deliver completed Plans, Specifications, and Engineer's Opinion of Construction Cost for all authorized construction of the Project, within (210) calendar days, after receipt of Notice to Proceed. Review periods by CITY, acquiring approval and permit have been accounted for. FNI will proceed with the performance of the services called for in aid and Construction Phases until completion of the Project. If FM's services are delayed through nofault of FNi, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in CITY or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. ARTICLEIV RESPONSIBILITIES OF CITY: CITY shall perform the following L1 a timely manner so a5 not to delay the services of FNi: A. Designate a person to act as CITY'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 CITY's policies and decisions with respect to FNI's services for the Project. B Provide all criteria and full information as to CiTY'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 CITY will require to be included in the drawings and specifications. 1.nrropo,a151Pea l dAIp004PRLR Business CenterDrve -2011 SC -3 C, Assist FNI by placing at FNI's disposal allavailable information pertinent to the Project including previous reportsandany other data relative to design or construction of the Project. D. Arrange for access to incl ivake all provisions for FNI to enter upon public and private property as required for ENI to perform services under this. AGREEMENT. E. Attend the pre-bid conference, bid opening, pteeonstruetton conferences,construction progress ancl. other job related meetings and substantial completion inspections and final payment inspections. F, Give pros pt written notice to FNI whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing ofFNPs services, or any defect or nonconformance of the work of any Contractor. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and CITY designate the following representatives: CITY's Designated Representative - (Cara Davis, 3519 Liberty Drive, :Pearland, Texas 77581, (281) 652- 1642) FNI's Project Manager - (Matt Johnson, P.E., 11200 Broadway Street, Suite 2332, Pearland, Texas 77584, (832)456-4729) FNI's Accounting Representative - (Judy Blair; 11200 Broadway Street, Suite 2332, Pentland, Texas 77584, (832) 4456-4711) L9Pmposalslrealand:\N00‘PAI \ -- ❑451685 Center UflCv` - 2011 SC -4 ATTACHMENT CO COMPENSATION For and in consideration of the services to be rendered by FNI, CITY shall pay the fees hereinafter set forth. A, COMPENSATION: I. Compensation to FNI for the services as defined in Article IA thrn D of Attachment SC shall be as follows: a. Design Phase (Lump Sum) $207,988 b. Bid Phase (Hourly Not -to -Exceed) $ 8,270 c. Construction Phase (Hourly Not -to -Exceed) $ 60,485 d Special Services: 1. Traffic Signal Design at CR 59 Int'n & Timing & Cycle Study (Luthp Sum) $ 28,555 2. Plans Modifications for Phase 1 Const. (Hourly Not -to -Exceed) $11,184 3. Additional Topa Suryeying(Cost+ I,0%)(Sub Consul)(Budget) $5,500 4. Traffic Count Collection (Cost + 10%)(Sub Consul) $ 738 5. Landscape / hrigation Design (Cost 1 10%)(Sub Consul) $ 28,325 6. Reimbursable Project Expenses (Printing, Deliveries, Mileage, outside printing of plans and: construction documents) $ 6,000 Total $357,045 Therefore, total fee shall not exceed $357,045 without prior reauthorization. FNI sees the Scope of Services changing so that additional services are needed, FNI will notify CITY for CITY'S approval before proceeding. B. COMPENSATION TERMS: "Sub -Consultant Expense" is defined as the expense that i5 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, 0avel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment, L:\Plopo,als1Peert,ndC (U00\PRL\- Business Center ❑fi'e CO -1 ATTACHMENT CO C. BASIC SERVICES: i Upon authorization from the CITY, TNI shall proceed with the services outlined in different phases of the project. For the purposes of preparing monthly stateinents, FNI shall submit to the CITY payment requests in proportion to that pariof the service which has been accomplished as evidenced by monthly statements. Final payment shall be due upon the completion of defined services, 2. If other Additional Services are required and authorized by the CITY, FM shall be compensated as follows-: a. Where the services of individuals arc supplied by FNI, as authorized by CITY, payment for these services will be based on Hourly Rate Schedule attached. 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%. IAProposals^PearlandtNICOOTRIA Ccm.rusCO-2 SCHEDULE 01? CHARGES Business Center Drive Extension POSITION PRINCIPAL GROUP MANAGER SR. PROJECT MANAGER PROJECT MANAGER SENIOR ENGINEER ENGINEER (PE) ENGINEER (BIT) SENIOR HYDROLOGIST HYDROLOGIST SR. CONSTRUCTION MANAGER CONSTRUCTION CONTRACT ADMINISTRATOR RESIDENT CONSTRUCTION INSPECTOR GIS ANALYST DESIGNER SR. CAD TECHNICIAN CAD TECHNICIAN CONTRACT / OPERATIONS ANALYST ADMINISTRATIVE ASSISTANCE CO-OP / INTERN Tho individual salt ries will be adjusted an'wally. EXPENSES Plotting Printing Bond $2.50 per plot B1uelines/Blacklines Color $5.75 per plot Offset and Xerox Copies/Prints Vellum $5.00 per plot Black&White Mylar :$5.00 per plot Black & White Color Color Binding Travel IRS approved rate ATTACHMENT CO RATE 225 190 185 130 145 120 95 145 120 185 160 80 95 110 80 70 95 70 60 $0.14 per square foot $0.10 per single side copy $0.20 per double side copy $0.50 per single side copy $1.00 per double side copy $5;75 per book OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost tinges multiplier of 1,.10. They include outside printing and reproduction expense, communication expense, travel, transportationand 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 tlian staff members, 1: \Pmpus>I9Pmdond:\IUOO I'RLX- business Center 11 CO -3 City of Pearland FREESE Rosiness Orme Extension OW B, adwav to CR59) rR IpryHOLS Ear and Oiler Sasces Cost grenkdown c F rt �a $ n ^' 6 „w ICI GE Ft; Ga ;a c' Zsq 2 ° ro_.'a r q CONSTRUCTION PHASE General Rep C otoclion Phae$cnac¢ti 59 164 146 13' 60 1_0 1 24 $60.465 So total-.'Nt Constndion PhaeServices ;360.435 G € WCC iaat`0 ,`��' G F 1QaES 5 H yy V B 1 i u 7 `°m S u F L G 5 V ° I•U 9 p99 d }, you V J . tl p b E N' y If) M - .v 91 9 H i. K I E 3K (J E_1 H4 fir. W of 4n 4 L n. a ,�. a a'l y u - .r_v- inr�c' 4 I 16 20 I 6 n t ` vi i r 0. o h e 9 9- z 'y o, E. E tl k o u 3 a V $ U v' 2 ° za Y Mgc $ 0 Pok.s A@ US P $ h E� 6r N 7—' 9 rpp F' vy S u A A g. 5, fi � ifiw c v .�'$c" 5 4.. c 2 H U o w • 6 tltl S n ci 2 O s _ ai TJ `� 3 v' V .� < S 9 'E S NA 'eJ z.. G q$ V VV '85rt8i + > o 4 ' V o O F -gym k err-.. .. .. .. .... --� V [ I SI ! i ! r$ R . . . . \ . iiimiAN III 1 ) \/ .;\\ _!©. .-4-to ){ {J 1 6 ,p§ ƒ- ttr Vi ..._ } 5; .,:w_ . P. Q`2 © ©1I ..... . )/ /!: 9 rg y: . \� � /,% ) . . TOTAL ENGINEERING SERVICES t5,. /`~ . \3 }) G2G{#)! ru00 D /}///q{ \ !gd/! Q dfd! fl! .y Trask Dcscription M §© i &K % t -a — : Q ( : > ]« : « �. I \� in 0 TOTAL ENGINEERING SERVICES q 2 . § / \{ ) 2:4 = -- e. a 'A / 2!° ° / / — /® �} . ,.# ) .}{) ) s `a. § /) 4! ) u JJ r\ « /. §®z: \/», °D . & LJA Engineering, Inc. 2929 Briarpark Drive Suite 600 Houston, Texas 77042-3703 March 30, 2011 Phone 713,953.5200 Fax 713.953.5026 vitm.ljaongineering.com Freese and Nichols, Inc. 11200 Broadway Street, Suite 2332 Pearland, Texas 77584 Attn: Mr. Mehran Bavarian, PE Re: Proposal to Provide Additional Topographical and Mapping Services For Business Center Drive Extension from CR 59 to 900' South of Broadway Brazoria County, Texas LJA Proposal No. 11-0235 Dear Mr. Bavarian: 114 PROPOSAL LJA Engineering & Surveying, Inc. (dba LJA Engineering, Inc.) (LJA) Is pleased to submit this proposal to provide additional topographical and mapping services to Freese and Nichols, Inc. (Client) for the above referenced project. We propose the following services and corresponding fees in accordance with the attached Professional Services Agreement (PSA). SCOPE OF SERVICES A. Topographical and Mapping Services Topographical and mapping Services performed on as -needed basis for purpose of roadway design. Time and Materials Fee not to exceed $5,000 If this proposal meets with your approval, please execute both copies, returning one copy to our office and keeping one copy for your records. Your signature below and on the attached Professional Services Agreement will be sufficient authorization to commence the stated work. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you should have any questions or require additional information, please do not hesitate to call us at 713,953.5090. • Sinc-rel . APPROVED FOR Jeff ry eLeon, PE Project anager JCD/ dl Attachment(s) 0:WROPOSAL120111Freese Nichols111-0235 pro top° and mapping.doc By: Name: Title: Date: LJA Engineering, Inc. 2929 Briarpark (live Suite 600 Houston, Texas 77042.3703 Phone 713.953.5200 Fax 713,953.5026 caw w,ljjaengineering,com PROFESSIONAL SERVICES AGREEMENT Tits Agreement Is by and between Freese and Nichols, Inc. (CLIENT) and LJA Engineering & Surveying, Inc., (dba LJA Engineering, Inc.} (LJA) who agree as follows: Client engages LJA to pedorre the services described in Part I ('Services`) and LJA agre es to perform the Services for the compensation set forth In Part NI. LJA sha'I be authorized to commence the Services upon execution ofthlsAgreement Client and LJA agree that this Agreement and attachments referred to heroin, constitute the entire Agreemenl between them relating lo the Project (•Agra emenr j. Project: Proposal to Provide Additional Topographical end Mapping Services for Business Center Drive Extension from CR 59 le 900' South of Broadway Location: City of Peadand, Texas Jab No. 1 Proposal No.: 11-0235 f. LJA ENGINEERING & SURVEYING, INC; S, (Oa LJA ENGINEERING, INC.) RESPONSIBILITIES: LJA shall perform or furnish the services described under this Agreement. See Attached Proposal No. 11-0235. Dated March 30. 2011 1I. CLIENT'S RESPONSIBILITIES: Client, at Its expense, shall do the following In timely manner so es not to delay the Services. 1. INFORMATION)REPORTS; Furnish LJA with all reports, teddies, site characterizations, regulatory orders, and similar information In he possession relating to the Project Unless otherwise spec fed In Part I, LJA may rely upon Cllenldurnlshed Information without independent verification In performing the Services. 2. REPRESENTATIVE: Designate a representative far the Project who shall have the authority 10 transm't instructions, receive information, interpret and define Client's pol'des,and slake decisions with respect to the Services. 3. DECISIONS; Provide ell Merle end lei! information as to Client requirements for the Prolect,ohthin (with LJAls assistance, If app'icable) necessary approvals and permits, attend Pro)ect- related meetings, provide interim reviews on an agreed-upon schedule, make decisions en Project alternallves, and generally participate in the Project to the extent necessary to allow LJA Io parlors -idle Services. COMPENSATION, BILLING, AND PAYMENT: Client shall pay LJA for Services in accordance with the following Oiling Schedule. 1. SERVICES: Hourly Rates whin An Estimated Fee $ Percentage of Construction Cost S Lump -Sum $ X Other (Specify) $6,000 (Time and Materials not to exceed) (Engineers Hourly Rate Schedule is Attached as Attachment 'A') 2. REIMBURSABLE EXPENSES: Reproduction. totephone, out-of-town travel expenses, andothernon-Iaborciargesdrectlyrelatedtoth'Pro)3Uwilbebilledatcosllnadditontothefees agreed upon for services rendered. Vehicle other than survey /Project represenladvewill bechafe edetarale of50.61per ri e. Survey/ Project representative vehldeneleagewilbecharged alerate of 50.73 per mile. CADD charges will be $25,00 per hour. Filing fees, permit fees, and other special charges which are advanced on behalf of the Clienl will be billed en a similar basis plus a 10% service charge. 3. PAYMENTS: Billings for services rendered y, 9i leo made monthly and payment Is requested within fifteen (15)daysofreceipt ofInvoice. Unless special anargerrentsere made, atinsnce charge of 1,5% pen month will be added to unpaid ba'ances more than thirty (30) days old as well as any costs of collections. LJA reserves the right to suspend work should invoices sol be paid within the stated terms. The amount of any excise, VAT, or gross receipts tax that may be Imposed for professional services ahait bo added to the compensation as determined above. IV. STANDARD TERMS AND CONDITIONS; 1. STANDARD OF CARE. Services shall be performed In accordance wilh the standard of professional practice ordinarily exercised by the applicable profession at the timo and within the locality where Me Services are performed. Professlonat services are not subject and LJA cannot provide, any warranty orguarantee, express orimplied,kn0luding warranties or guarantees ccntalted in any uniform commercial coda. Any such warranties or guarantees contained in any purchase orders, requisitions, or notices to proceed issued by Client ere specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth In this Agreement Is based on factsknownatthelimaofexecution01tisAgreemenLlncluding.11applkab'e,Informabonsupp'iedby Cltenl. For some Projects Involving conceptual or process development services, scope may not be fully definable during Initial phases. As the Project progresses, lasts discovered may indicate that scope must be redefined. 3. SAFETY. LJA has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically Intruded es a service to bo provided under this Agreement, LJA specifically disclaims any authority or reeponsibirity for general job site safety and safely of persons other than LJA employees. 4. DELAYS. If events beyond the control of Client or LJA. Including. but not limited 10. Ire, fond, espias'on, rot, slrka, war. process shutdown, act ofGod orthe public enemy, and act er regulation of any government agency, result In delay lo any schedule established In this Agreement, such schedule shaft be amended lo the extent necessary to compensate for such delay. In the event such delay exceeds 60 days, LJA shall be entitled to en equitable adjustment In compensation. 5. TERMINATION/SUSPENSION. Either party may torntlnatethis Agreement upon 30days written notice to the other pally. Client shall pay LJA for all Services, inducting profit relating thereto, rendered prior to termination, plus any expenses of termination. In the even) either party defauns in its obligations under this Agreement (Including Clients obligation to make the payments required hereunder), the non -defaulting party may. after days wrillen notice staling its intention to suspend performance under the Agreement Ii cure of such default Is not commenced and diligently continued, and failure of the da faulting party to oormwenoe cure within such time. limit and diligently continuo, suspend performance under lhrs Agreement, 6. OPINIONS OF CONSTRUCTION COST, Any opinion of construction costs prepared by LJA 15 supplied for lho general guidance of the Client only. Since WA has no control over competitive b!dding er market conditions, LJA cannot guarantee the accuracy of such opin'ons es compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS. LJA shall serve es Client's professional representative tor the Services, and may make recommendations to Clant concerning aclierie relating to Clients contractors, but LJA specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures of construction selected by Client's contractors. 6. CONSTRUCTION REVIEW. For Projects involving construction, Client acknowiedg es that undergenera'ly accepted profoss!onal practice, interpretation 01constructon dowmentsin the field are normally required, and that performance of construction -related services by the design professional for the Project permits errors or omissions to be Identified and corrected at comparatively lou cost. Client agrees to hold LJA harmless from any claims resulting from performance of construction -related services by persons other than LJA. O.'PROPOSAL120111Freese Nichols\i 1.0235 psa topo and mapping.doc Revised 1/3111 9. INSURANCE. LJA will maintain Insurance coverage for Professional, Comprehensive, General, Automobile, Workers Compensation, and Employers liability In amounts in accordance withlegal, end LJAebusinessrequiremenls. CertfestosevidencingsuchcoveragewillboprovidedtoClientuponrequest. For Pro)ectsIrIVONI gconsbucnan,Clientegreestorequko its construction contractor, If any, to incudo LJA es an additional insured on its orioles relating to the Project. LJAS coverages referenced above shall, in such case. be excess aver contractors primary coverage. 10, PROJECTS WITH MULTIPLE CLIENTS. WhenLJAundertakeeaProjectformultipleClients:IlisunderstoodandegrsedthateachClientonUieProjectisiotnityandseverelyliabe Ior payments to LJA for LJA'a work under this Agreement and On the Project. If any Client on the Protect falls to make timely payment to LJA, end the remaining Clients v'sh to continue lire Pro)ad, this remaining Clients will prbmpdy CenErm to LJA In writing Ihelrwlsh for LJA to continuo the Project and that they are ob'igating themselves 10 WA for the additional (defaulted) portion of the Project. LJA. at its option. may suspend the remaining performance under This Agreement until all past due payments are made, and authorization to proceed and pay from ell non -defaulting Clients is received, or continuo mark on the Ptoksct and Invoice and coi!eet from the remaining Clients eny payment (inctuding.damages) of 'amounts past due and that become due. 11. HAZAROOUSMATERIALS. Hazardous materials may ordst at site where there Is no reason to believe they could or shoutd be present LJA and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. LJA agrees to notify Client as soon as practically possible sherd Unanticipated hazardous materials or suspected hazardous materials be eneounlered.. Client acknowledges end agrees that it retains tide to all hazardous material existing en the alto and shall report to the epproprlate 'federal. state or local public agencies, as required, any conditions the site that may present a potential danger to the public health, safety or the environment. Client shall execute any manifests or forms In connection with transportation. storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize LJA to execute such documents as Client's agenL Client waives any claim againel LJA and agrees to defend. Indemnify, and hold LJA harmless from any claimer liabnity for injury or loss arising from WAS d'sceveryof unanticipated hazardous ma twists or suspected hazardous mat errata. • 12. INDEMNITY. To the fullest extent permitted by law, LJA shall indemnify and hold harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the (allure to adhere to the standard of Dare described In Part IV Paragraph 1 above of LJA, its agents or employees. To the fullest extent permitted by law, Client shall defend, indemnify, and hold harmless LJA (ram and against loss, liability, and damages sustained by LJA, its agents, employees, and representatives by reason of claims for Injury or death to persons, damages to tangible property, tothe extent caused direcily.by any of the foliovAng: (a) any substance, condition, element, or material or anycombinatlon of the foregoing (f) produced, emitted or released from the Projector tested by LJA under this Agreement, or (b) operation or management of the Project. Client also agrees to require Its construction contractor, if any, to Include LJA as an Indemnitee under any Indemnification obligation to Client. 13. LIMITATIONS OF LIABILITY. No employee or agent of WA shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, LJA's total liability to Client for any and alt Injuries, claims, losses, expenses or damages whatsoever arising out of or in anyway related to the Project or this Agreement from any causes including, but not limned to, LJA's negligence, errors, omtsslons, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by LJA for specific Project assignments. If Client desires a limit of liability greater than that provided above, Client and LJA shall Include in Part IIi of this Agreement the amount of such limit and the additional compensation to be paid to LJA for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LJA BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 14. ACCESS. Client shall provide WA sate access to any premises necessary for LJA to provide the Services. 15. REUSE QF PROJECT DELIVERABLES, Reuse of anydocurnentsorotherdeilverabfes,Includingelectrorlcmedla,parta'ningtott:eProjectbyCBemfaranypurposeotherthanlhat far whkh such documents or detiverab',es-were originallyprepared,ot alteration of such docunants ordstterebtes-without written Veilicatfan or adaptauon.by WA for the specific purpasoln!onded,_ shall be at the Client's tisk. Further, ail tida blacks and the engineers seal, it applicable, shall be removed If end when Client provides deliverables In electronic meal to another entity. CEenlagrees that relevant analyses, findings and reports provided in olectronio media shall also be provided in herd copy and that the hard copy shalt govern In the rase or a disueparwy between the tyro versions, end shall be held es the official set or drawings, as signed and seated. Client shall be afforded a period of 30 days In which to check the hard copy against the electronic media. In the (ventlhatanyerrorortaconslstertcyIsfoundsueresultofthispraoess,LJAshallbead•visedandtheInconsistencyshallbecorrectedatnoadditionaicosttoC!ient. FOliowIng 110 exp'tation 01 5110 30 -day period, Client shall bear all responsibility for the care. custody, and control Of the electron's media. In addition. Client represents that it shall retain the necessary mechanisms to read the electronic media, which Client acknovAedgestobeofoft/limited duration. Client agrees lode!end,Indemnity, and hold harmless LJA from aldoirrs.damages, and expenses findud'ngreasonable litigation costs) arising out of such reuse or alteration by Client or others acting through Client. 18. AMENDMENT. TMs Agreement, upon execution by the parties hereto, can be amended only by a written instrument signed by the parties. 17. ASSIGNMENT. Except for assignments (a) 10 entities which control, orare controlled by, the parties hereto or (b) resulting from operation of irw, the rights and obligations of this Agreement cermet be assigned by any party without written permission of each other party. This Agreement shall be binding upon and Inure to the benefit of any permitted assigns. 18. STATUTES OF LIMITATION. To the fullest extent permitted by raw, the parties agree that, except for claims for indemnification, the time period for bringing claims under tills Agreement shall expire ono year atter Project completion. 19. DISPUTE RESOLUTION. The parties shah attempt to settle disputes arising under this Agreement by discussion between the parties senior representatives ofmanagement. If any dispute cannot be resolved In this manner, within a reasonable length of time. the parties agree to attempt non-binding mediations or any other method of alternative dispute resolution prior !curing any legal proceedings. In the event any actions are brought to enforce this Agreement. the prevailing party shelf be entitled to co:lect its litigation costs including attorney's fees from the other party. 20. NO WAIVER. No waiver by either parry of any default by the other party In the performance of any particular section of this Agreement shall invalidate any other section of Ibis Agreement or operate as a waiver of any future default, whether like or different In character. • 21. NO THIRD.PARTY BENEFICIARY. Nothing contained' in this Agreement, nor the performance of the parties hereunder, is intended tobenefit, nor shall Inure euro 10 the b,nefIot, any third party, including Client's contractors, if any. 22. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, end the Invalidity or unenforceability of any of them shag not affect or impair the validity or enrorceabi'ity of the remainder. 23. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as. or on behalf of, the party for whom they are signing. APPROVED FOR FREESE AND NICHOLS, INC. APPROVED FOR LJA ENGINEERING & SURVEYING, INC., (dba LJA EINEERI G, INC.) By: Printed Name: Title: Date: O:IPROPOSALt20111Freese NlcholsU 1.0235 pea tope and mapping.doc Revised 1r3r11 By; Printed Name: Davi. R. Tinney, PE Title: Vice President Dale: ATTACHMENT"A" SCHEDULE OF HOURLY RATES StaffNon•Princi al Personnel Charoes Services performed by staff shall he billed on the basis of "labor cost" of each employee times a multiplier of 2.2. Labor cost Is defined as the cost of salaries paid to the Engineer's personnel plus payroll burden, currently 37% for social security contributions, federal and state unemployment taxes, retirement benefits, medical and Insurance benefits, sick leave, vacation, and holiday pay applicable thereto. Upon request of the Client, Engineer shah provide evidence of the then - current salaries paid to the Engineer's personnel for the purpose of verifying the accuracy of any Invoices presented for payment by the Engineer to the Client. Labor Cost Range (including 37% Payroll burden) Lowast Hfhest Department Head (VP, Dept. Manager, Sr. PM) $50,00 $95,00 Project Manager $40.00 $75.00 Engineer (Grad. Eng., EIT, APM, Proj. Coord.) $30.00 $55.00 Sr. Planner $45.00 $75.00 Planner $30.00 $60.00 Sr. Landscape Architect $35.00 $60.00 Landscape Architect $20.00 $50.00 Designer 526,00 $50,00 Resident Project Representative $26.00 $45.00 GIS Developer 535.00 $60.00 GI-S_Anaiyst- $25.00 $35._00 Survey Technician $33.00 $45.00 Project Surveyor $41,00 $52.00 CADD Operator (CADD Technician) $18.00 $37.00 Clerical (Construction Admin. Assistant) $18,00 $37.00 CADD System Intergraph CADD system will be billed at a rate of $25.00/hour plus operator time, Principals Principals will be billed at a rate of $175.00/hour. Senior Consultants Senior consultants will be billed at rate of $200.00/hour. Expert Witness Export witness duties will be billed at a rate of $350. Surveying Services Field party rate Includes personnel/supervision, requested overtime shall he 1.5 times standard rate, Survey Field Crew GPS Robotic Total Station All Terrain Vehicle Mileage Charges Mileage shall be charged at a rate of $0.51/mile for all travel, Survey/project representative mileage shall be charged at the rate of $0.73/mile for all travel. 00/hour, normal equipment and supplies. Client $135,00/Hour $ 50.00/Hour $ 25.00/Hour $ 50.00/Day 0:1PROPOSAL\RATES1Hourly Rote Attachment A.doa Revised 1/3/11 GRAM rruff ic. Countint1, field t5arta Cel ecti :: Corpontte Office 21220 3akcshi11 Road, 131dg, 1 Hutto, TX 78634 Office: (512) 832.8650 Fax: (512) 833-6471 W Wtc. tr,r arutrafrc.cotu Toff f Free: 888-315-6141 Fort "forth Office 1121) W. Lovers Lane Arlington,' 1'X 76013 oiaintlte(i flash act Ofc: 817-265.8968 Fax: 817-265-S978 Dallas Office 4152 Atter Court Fvles(1W le, TX 7-s150 cllincti u;scr7,,?ru?rtruliicsotn Ofc: 214-208-1856 Fox: 866-710-6103 Houston Office 1 506 Festival Houston. FX 77062 t(Irict'CI; aurtritlfic.cotli Ofo: 713-944-9448 Fax: 713-943-6831 Cell: 832-752-3303 Sart Antonio Office 6323 Scvorcit:n Drive; Snits 178 San Antonio TX 78229 hi gut% 7i,rtr�int ro I l i c. co t r Ore: .2/ l)348.61)67 Fox: 210-348-0062 taw .grorntritiliti. cum Mat l i t ORIAT1-DN AGRMViENT May 4, 2009 Freese & Nichols 281-485-2404 Attn: Mehran (Ron) Bavarian, P.F. mhgfreese.cont 2010 E. Broadway Perarlanrf, Texas 77581 Re; Traffic count proposal Pearland, Texas Dear Mr. Bavarian, GRAM Traffic Counting Inc is submitting this proposal for your approval. The turning movement count is at CR 59 and Business Center Drive in Penrinnd, Texas. A count is to be performed on a: Weekday during these hows AM Peak Hour, 6:30 AM - 9:00 AM; Mid-day Peak Hour, 11:00 AM - 2:00 PM and PM Peak Hour, 3:30 PM - 6:00 PM Sat4lydaY Peak, 11:00 AM - 2:00 PM • 'fuming movement courts at $50.00 per hour per technician • 11 hours of turning movements @550.00 • Total Turning movement count charges ire $$0 x 11 = $ 550,Q0 Mileage calculated at afi.Giri for miles 120 = $ 70.20 Project Manager at $5n 0 for ri hour - 5n 09 Vv 11 u 4'v v,tiv for one ll"�r1 $ VVrVY This is being submitted for Lump Burn Invoicing/Price Good for 90 days NOTICE: Please provide a tee schedule and/or a copy of your contract that sets out the terms and conditions as it applies to the work GRAM is contracted to complete, if any. If this information is not provided by the agency or firm authorizing the work requested and no other price changes have been authorized by GRAM prior to the signing of this Work Authorization Agreement, said agency or firm agrees to pay the pr ic,; as quotad and agrccd to In this Work Authorization Agreement PROJECT TOTAL. r $ 670.20 AccPptcd Ry Authnr17 d Representative: Mehra Ron) Bavarian, RE. Date - re: Libmi ate mi ted 'y Porfirio z 20 ate_ ate K GA . D E F G R E ST . D E S I G N LLC LANDSCAPE ARCHITECTURE April 21, 2011 Mr. Mehran (Ron) Bavarian, P.E. Freese and Nichols 11200 Broadway Street, Suite 2332 Pearland, Texas 77684 Project Reference: 23601 Cinca Ranch Blvd, Dear Mr. Bavarian: City of Pearland, Texas Business Center Drive Extension Landscape Improvements ,areWepleased to make this proposal for the Landscape Architecture design for OaItoA•200 the bove referenced project: This proposal shall refer to Freese and Nichols as the CLIENT and to KGA/DeForest Design, LLC as the LANDSCAPE ARCHITECT. Katy, Texas 77494 PRELIMINARY PLANS The LANDSCAPE ARCHITECT will prepare preliminary plans for the landscape improvements within the project. The plans will consider the following program (281) 646.1602 elements for your project:. 1. Landscape improvements within medians on Business Center Drive (street (281) (i4U iG�lt fax trees, ornamental trees, accent planting at median tips). 2. Irrigation design as per City of Pearland Requirements. 3. Plans will be broken Into two phases for installation -Phase One: County Road 59 to Northern Boundary of Parkside Capital www.kgadeforasf=oom Property Estimated Construction Cost: $66,549.60 -Phase Two: Includes the remainder of the project. Estimated Construction Cost: $114,069.60 4. Estimated budget for Phase One and Two improvements is $ 180,619.20 DESIGN DEVELOPMENT The LANDSCAPE ARCHITECT will refine the Preliminary Plans and prepare Design Development drawings with a Cost Estimate. The Design Development plans will include all site landscape features as presented In the Preliminary Plans, along with the adjustments as requested. The Design Development plans shall address the following areas: 1. Design layout refinements. 2. Planting plan development, 3. Coordination with ProjectEngineer. 4. Coordination for various utility requirements, CONSTRUCTION DOCUMENTS The Construction Documents phase will commence after CLIENT'S approval of the Design Development plans, The LANDSCAPE ARCHITECT will prepare all Construction Documents, technical specifications, and final Cost Estimates necessary for the project. 1. Assist in filing appropriate plans as necessary to various authorities having jurisdiction over the project, i,e. City of Pearland. 2. Prepare layout and construction plans accurately locating and calling out all site developments. 2 3. Prepare planting plans, including all tree, shrub, vine and ground covers, Appropriate plant schedule with plant names, sizes and specimen quality shall be provided. 4. Prepare irrigation plans, including specifications, Identification, location and sizing of the irrigation system and its component parts. 5. Prepare details of all landscape materials with specifications, as required for proper construction, installation, or finishing, 6. Prepare irrigation details. 7. Prepare bid form with specification. 8. Submit final construction estimate to include unit costs at current construction dollars. BIDDING After completion and approval of the Construction Documents, the LANDSCAPE ARCHITECT will assist the CLIENT In putting the plans out for advertised competitive public bid. Services shall Include the following: 1. Advertise plans as applicable. 2. Contact bidders and distribute plans: 3, Coordinate and attend pre -old conference. 4. Prepare addenda as necessary. 5. Evaluate landscape bids and make recommendation for contract. (Bid tabulation sheet will be provided to CLIENT which summarizes bid information.) CONSTRUCTION ADMINISTRATION The LANDSCAPE ARCHITECT will provide Construction Administration Services for this phase of the landscape development. We will follow the progress of construction through regular site Visits where we observe the quality of construction and determine, In general, If construction is proceeding in accordance with the design intent and construction documents. We will make the CLIENT aware of any work failing to conform to the Contract Documents. The services described herein include: 1. Attend pre -construction meeting. 2. Review proposed substitutions and make recommendations. 3. Review pay requests and process change orders. 4. Conduct periodic site observations and prepare progress reports. Revieyr layout of irrigation: Review layout and locations of planting beds and trees. Review installation operations. 5. Review and process shop drawings submitted. 6. Conduct Substantial Completion review and prepare punch list. 7. Provide project mylarstocontractor for As -Built irrigation drawings. FEES The total fee for the project is a lump sum based on an estimated time for professional services. Preliminary Plans $ 5,750.00 Design Development $ 4,900.00 Construction Documents $9,300.00 Bidding $ 1,500.00 * Construction Administration $ 4,300.00* Total Fee $25,750.00 * Please note that the Bidding and Construction Administration amounts above are to be billed hourly as needed, not to exceed this number. ADDITIONAL SERVICES Additional services, when requested by the CLIENT, will be billed hourly at the rates listed below: Principal $126.00/hour Project Manager I $110 00/hour Project Manager 11 $95,00/hour Construction Supervisor $95.00/hour Draftsmen $55.00/hour Clerical $40.00/hour EXCLUSIONS TO THE CONTRACT 1. Surveying Services REIMBURSABLE EXPENSES Standard reimbursable expenses are included in the above fee schedule and will not be itemized with each invoice. Specialty color rendered printing, boards or booklets; if requested will be billed as an additional expense at cost. BILLING Professional services shall be invoiced monthly, based on the percentage of completion of the various phases of the work as outlined above, Payment shall be due within 30 days of receipt of invoice. TERMINATION This Agreement may be terminated by either party with 10 day written notice. LANDSCAPE ARCHITECT shall be due payment for all services rendered prior to termination. Respectfully, KG eFIREST N, LLC Role E. Prdent RED/sl APPROVED Freese and Nichols BY: DATE: The Texas Board of Architectural Examiners has Jurisdiction overcomplaints regarding the professional practices of persons registered as Landscape Architects In Texas. The TIME may be reached by mall at 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942. They may be reached by phone at 612-305-9.000. Their Internet web address Is }wrrcfbee.s€ate.lx.us.