05-17 - R TOWN OF PROSPER,TEXAS RESOLUTION NO.05-17
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE AN AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND
FREESE AND NICHOLS, INC. REGARDING PROFESSIONAL SERVICES FOR THE
DESIGN OF A PROJECT INCLUDING, BUT NOT LIMITED TO, A GROUND STORAGE
TANK, PUMP STATION,AND WATER LINE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute,on behalf
of the Town Council of the Town of Prosper, Texas,an agreement between the Town of Prosper,Texas and
Freese and Nichols, Inc. regarding professional services for the design of a project including, but not limited
to, a ground storage tank, pump station, and water line.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th day of April, 2005.
swtfnger or
ATTEST TO:
anae Jennings n Secretary
AGREEMENT
BETWEEN
THE TOWN OF PROSPER, TEXAS
AND
FREESE AND NICHOLS, INC.
FOR
DESIGN
SERVICES
Made as of the 26th day of April in the Year Two Thousand and Five:
BETWEEN the Town: The Town of Prosper, Texas
P.O. Box 307
113 W. Broadway
Prosper, Texas 75078
telephone 972-346-2640
facsimile 972-347-2111
and the Consultant: Freese and Nichols, Inc.
1701 North Market Street
Suite 500 LB 51
Dallas, Texas 75202
telephone 214-920-2500
facsimile 214-920-2565
for the following Projects: Professional engineering services in connection with the
development of a new ground storage tank, pump- —
station, and water pipeline to enable the Town to receive
treated water from the North Texas Municipal Water
District, as further described in Exhibit A.
The Town and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the Town of Prosper,
Texas, a General Law Municipality, hereinafter referred to as "Town", and Freese
and Nichols, Inc., hereinafter referred to as "Consultant", to be effective from and
after the date as provided herein the "Agreement".
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4
WHEREAS, the Town desires to engage the services of the Consultant to provide
professional engineering services in connection with the development of a new
ground storage tank, pump station, and water pipeline to enable the Town to receive
treated water from the North Texas Municipal Water District.
WHEREAS, the Consultant desires to render such engineering services for the
Town upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parities hereto agree as follows:
ARTICLE 1
CONSULTANT'S SERVICES
1.1 Employment of the Consultant - The Town hereby agrees to retain the
Consultant to perform professional engineering services in connection with
the Project. Consultant agrees to perform such services in accordance with
the terms and conditions of this Agreement.
1.2 Scope of Services - The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit "A", which is attached hereto
and incorporated herein by reference for all purposes. The parties
understand and agree that deviations or modifications to the scope of
services described in Exhibit "A", in the form of written change orders, may be
authorized from time to time by the Town.
1.3 Schedule of Work - The Consultant agrees to commence work immediately
upon execution of this Agreement, and to proceed diligently with said work to
completion as described in the Completion Schedule/Project Billing/Project
Budget attached hereto as Exhibit "B" and incorporated herein by reference
for all purposes.
• ARTICLE 2 - --
THE TOWN'S RESPONSIBILITIES
2.1 Project Data - The Town shall furnish required information, that it currently
has in its possession, as expeditiously as necessary for the orderly progress
of the work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 Town Project Manager - The Town shall designate, when necessary, a
representative authorized to act on the Town's behalf with respect to the
Project (the "Project Manager"). The Town or such authorized representative
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shall examine the documents submitted by the Consultant and shall render
any required decisions pertaining thereto as soon as practical so as to avoid
unreasonable delay in the progress of the Consultant's services.
ARTICLE 3
CONSULTANT'S COMPENSATION
3.1 Compensation for Consultant's Services - As described in "Article 1,
Consultant's Services", compensation for this project shall be paid in
accordance with Article 3 and the Completion Schedule/Project Billing/Project
Budget as set forth in Exhibit B.
3.2 Direct Expenses — Direct Expenses are included in the Consultant's Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant's employees and
sub-contractors in the interest of the Project for the expenses listed in the
following Subparagraphs:
3.2.1 Automobile mileage reimbursement, at the rate of 40.50 per mile.
3.2.2 Courier services, acceptable only in circumstances requiring deadline-
sensitive deliveries and not for the convenience of the Consultant.
3.2.3 Fees paid for securing approvals of authorities having jurisdiction over
the Project and Sales & Use Tax, if any.
3.2.4 Reproductions and photographic services provided by commercial
services.
3.2.5 Models requested in writing by the Town.
3.2.6 Expenses of data processing and Computer Aided Design and Drafting
(CADD).
3.3 Additional Services - The Consultant shall provide the services as described
in the Scope of Services as set forth in Exhibit A of this Agreement. If
authorized•in writing by the Town, the Consultant shall provide additional- --
services, to be compensated on an hourly basis in accordance with this
paragraph ("Additional Services"). These services may include, but not be
limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope
of Services described in Exhibit "A".
3.3.2 Additional drafts and revisions to the Project which are not provided for
or contemplated in the Scope of Services as described in Exhibit "A".
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3.3.3 Additional copies of final reports and maps which are not provided for
or contemplated in the Scope of Services as described in Exhibit "A".
3.3.4 Photography, professional massing models which are not provided for
or contemplated in the Scope of Services as described in Exhibit "A".
3.3.5 Compensation for Additional Services authorized by the Town shall be
in addition to the Consultant's Fee and shall be based on direct billable
labor rates and expenses.
3.3.6 Compensation for Additional Services authorized by the Town shall be
in addition to the Consultant's Fee and shall be based on an hourly
basis according to the following personnel rates. The rates set forth in
this chart are subject to reasonable change provided prior written
notice of said change is given to Town.
Schedule of Charges:
Position Min Max
PRINCIPAL 150.00 200.00
ENGINEER V 117.90 157.09
ENGINEER IV 101.69 130.52
ENGINEER III 92.78 116.51
ENGINEER II 85.56 101.64
ENGINEER I 79.00 93.05
ENGINEERING TECHNICIAN 75.41 113.90
GIS ANALYST II 105.45 138.40
GIS ANALYST I 61.17 78.57
WORD PROCESSING/SECRETARIAL 54.42 64.80
CO-OP 27.38 39.40
3.4 Invoices — No payment to the Consultant shall be made until Consultant
tenders an invoice to the Town. Payments are payable to the Consultant
within thirty (30) days from the date of invoice as long as the invoice is mailed
to Town within three (3) days of the date of the invoice. Invoices are to be
mailed to Town monthly. If any invoice remains outstanding and unpaid for
more than-sixty (60) days from the date of invoice, and Consultant has fully —
performed its obligations as set forth herein, the Consultant has the option
upon written notice to the Town, to suspend all work specified under this
Agreement until the account is brought current. Continued performance
and/or completion of work by the Consultant under this Agreement shall
resume upon the payment of the earned fees by the Town.
3.5 Failure to Pay - Failure of the Town to pay an invoice, for a reason other than
cause, to the Consultant within sixty (60) days from the date of the invoice
shall grant the Consultant the right, in addition to any and all other rights
provided, to, upon written notice to the Town, refuse to render further services
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to the Town and such act or acts shall not be deemed a breach of this
Agreement. The Town shall not be required to pay any invoice submitted by
the Consultant if the Consultant breached any provision(s) herein.
3.6 Adjusted Compensation - If the Scope of the Project or if the Consultant's
services are materially changed, the amounts of the Consultant's
compensation shall be equitably adjusted in the form of written change order
by the Town. Any additional amounts paid to the Consultant as a result of
any material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed.
3.7 Project Suspension - If the Project is suspended or abandoned in whole or
in part at the Town's sole discretion for more than three (3) months,
Consultant shall be entitled to compensation for any and all work completed
to the satisfaction of the Town in accordance with the provisions of this
Agreement prior to suspension or abandonment. In the event of such
suspension or abandonment, Consultant shall deliver to the Town all finished
or unfinished documents, data, studies, surveys, drawings, maps, models,
reports, photographs and/or any other items prepared by Consultant in
connection with this Agreement prior to Consultant receiving final payment. If
the Project is resumed after being suspended for more than three (3) months,
the Consultant's compensation shall be equitably adjusted as approved by the
Town. Any additional amounts paid to the Consultant after the Project is
resumed shall be agreed upon in writing by both parties before the services
are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
The Project is the property of the Town, and Consultant may not use the documents,
data, plans, or any other materials for any purpose not relating to the Project without
the Town's prior written consent. The Town shall be furnished with such
reproductions of the Project, data and maps as defined in the Project Deliverables
section of Exhibit A. Upon completion of the work, or any earlier termination of this
Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, and--
maps to reflect changes made while working on the project and promptly furnish the
same to the Town in an acceptable electronic format. All such reproductions shall
be the property of the Town who may use them without the Consultant's permission
for any purpose relating to the Project, including, but not limited to, completion of the
Project, and/or additions, alterations, modifications, and/or revisions to the Project.
ARTICLE 5
CONSULTANT'S ACCOUNTING RECORDS
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Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted
accounting principles. Invoices will be sent to the Town as indicated in Article 3.4.
Copies of employee time sheets, receipts for direct expense items and other records
of project expenses will be included in the monthly invoices.
ARTICLE 6
AUDITS AND RECORDS/PROHIBITED INTEREST
The Consultant agrees that at any time during normal business hours and as often
as the Town may deem necessary, Consultant shall make available to
representatives of the Town for examination all of its records with respect to all
matters covered by this Agreement, and will permit such representatives of the Town
to audit, examine, copy and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this
Agreement, all for a period of one (1) year from the date of final settlement of this
Agreement or for such other or longer period, if any, as may be required by
applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest/conflict of interest
requirements of State Law and will abide by the same. Consultant understands and
agrees that the existence of a prohibited interest/conflict of interest during the term
of this Agreement will render the Agreement voidable.
ARTICLE 7
TERMINATION OF AGREEMENT/REMEDIES
Town may, on thirty (30) days written notice to Consultant, terminate this
Agreement, for any reason, before the termination date hereof, and without prejudice
to any other remedy it may have. If Town terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project
exceeds the Consultant's Fee at the time of termination, Consultant waives its right
to any portion of Consultant's Fee as set forth in Article 3 herein and agrees to pay
any costs over and above the fee which Town is required to pay in order to finish the--
Project. On any default and/or breach by Consultant, Town may elect not to
terminate the Agreement, and in such event it may make good the deficiency in
which the default consists, and deduct the costs from the Consultant's Fee due
Consultant as set forth in Article 3 herein. If Town terminates this Agreement and
Consultant is not in default of the Agreement, Consultant shall be entitled to
compensation for any and all work completed to the satisfaction of Town in
accordance with the provisions of this Agreement prior to termination.
In the event of any termination, Consultant shall deliver to Town all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
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photographs and/or any other items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of
any one right or remedy by either party shall not preclude or waive its rights to use
any or all other remedies. These rights and remedies are given in addition to any
other rights the parties may have by law, statute, ordinance or otherwise.
ARTICLE 8
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 9
INDEMNITY
Consultant shall release, defend, indemnify and hold harmless Town and its Town
Council members, officers, agents, representatives and employees from and against
all damages, injuries (including death), claims, property damages (including loss of
use), losses, demands, suits, judgments and costs, including reasonable attorney's
fees and expenses, in any way arising out of, related to, or resulting from the
performance of the work caused by the negligent act and/or intentional act and/or
omission of Consultant, its officers, agents, representatives, employees,
subcontractors, licensees, invitees or any other third parties for whom Consultant is
legally responsible (hereinafter "Claims"). Consultant is expressly required to defend
Town against all such Claims.
In its sole discretion, Town shall have the right to select or to approve defense
counsel to be retained by Consultant in fulfilling its obligation hereunder to defend
and indemnify Town, unless such right is expressly waived by Town in writing. Town
reserves the right to provide a portion or all of its own defense; however, Town is
under no obligation to do so. Any such action by Town is not to be construed as a
waiver of Consultant's obligation to defend Town or as a waiver of Consultant's- —
obligation to indemnify Town pursuant to this Agreement. Consultant shall retain
Town approved defense counsel within seven (7) business days of Town's written
notice that Town is invoking its right to indemnification under this Agreement. If
Consultant fails to retain counsel within such time period, Town shall have the right
to retain defense counsel on its own behalf, and Consultant shall be liable for all
costs incurred by Town.
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ARTICLE 10
NOTICES
Consultant agrees that all notices or communications to Town permitted or required
under this Agreement shall be delivered to Town at the following address:
Douglas C. Mouse!
Town Administrator
Town of Prosper
PO Box 307
113 W. Broadway
Prosper, Texas 75078
Town agrees that all notices or communication to Consultant permitted or required
under this Agreement shall be delivered to Consultant at the following address:
Brian C. Coltharp, P.E.
Freese and Nichols, Inc.
1701 North Market Street
Suite 500 LB 51
Dallas, Texas 75202
Any notice provided for under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice
or communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to
the other party in accordance with the provisions of this Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Complete Agreement - This Agreement, including the exhibits hereto labeled_ —
"A" through "C", all of which are incorporated herein for all purposes,
constitute the entire agreement by and between the parties regarding the
subject matter hereof and supersedes all prior and/or contemporaneous
written and/or oral understandings. This Agreement may not be amended,
supplemented, and/or modified except by written agreement duly executed by
both parties.
11.2 Assignment and Subletting - The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the Town, which can be withheld at the
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Town's sole discretion. The Consultant further agrees that the assignment or
subletting of any portion or feature of the work or materials required in the
performance of this Agreement shall not relieve the Consultant of its full
obligations to the Town as provided by this Agreement. All such approved
work performed by assignment or subletting shall be billed through
Consultant, and there shall be no third party billing.
11.3 Successors and Assigns - Town and Consultant, and their partners,
assigns, successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
11.4 Severability - In the event a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
11.5 Venue - This entire Agreement is performable in Collin County, Texas and
the venue for any action related directly or indirectly, to this Agreement or in
any manner connected therewith shall be Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
11.6 Execution/Consideration - This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
11.7 Authority - The individuals executing this Agreement on behalf of the
respective parties below represent to each other that all appropriate and
necessary action has been taken to authorize the individual who is executing
this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to
execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and
that each individual affixing his or her signature hereto is authorized to do so,=
and such authorization is valid and effective on the date thereof.
11.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure
of either party to enforce any of the provisions of this Agreement, at any time,
shall not in any way affect, limit or waive such party's right thereafter to
enforce and compel strict compliance.
11.9 Headings - The headings of the various sections of this Agreement are
included solely for convenience of reference and are not to be full or accurate
descriptions of the content thereof.
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11.10 Multiple Counterparts - This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
11.11 Sovereign Immunity — The parties agree that the Town has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
11.12 Representatives — Each signatory represents this Agreement has been read
by the party for which this Agreement is executed and that such party has had
the opportunity to confer with its counsel.
11.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning, and
any presumption or principle that the language herein is to be construed
against any party shall not apply.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest day as reflected by the signatures
below.
Effective Date: ay ) 2-005
TOWN CONSULTANT
The Town of Prosper, Texas Freese and Nichols, Inc.
By: BY: C/Vc.alvl C.
Charles iswan Brian C. Coltharp, P.E.
Title: Mayor Title: Principal
STATE OF TEXAS:
COUNTY OF COLLIN:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
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CHARLES NISWANGER, KNOWN TO ME TO BE THE PERSON WHOSE NAME
IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIV NDE Y HAND AND SE OFFICE THIS DAY OFF ,
2005. r K/
t
N• I ANY UBL IN AND FOR THE STATE OF TEXAS
fcl Douglas c.Maned
STATE OF TEXAS: ir AM comrnfesion Expires
October 30,2007
COUNTY OF DALLAS:
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND
FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED BRIAN
C. COLTHARP, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND
CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS L-, DAY OF / ,, ,, ,
2005.
ce„,., ______"
z____v______/:___
7
esi-e ARY PUBLIC IN AN FOR THE STATE OF TEXAS
, �Nugt,4
;;t*.".'tk JANE S. JENKS
+' = Notary Public,State of Texas
8 ��'��5 My Commission Expires
4;1;; ::�' January 21,2001
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EXHIBIT "A"
SCOPE OF SERVICES
TOWN OF PROSPER
TREATED WATER SYSTEM DESIGN
PROJECT DESCRIPTION
The Project is described as follows: Design of Ground Storage Tank, Pump Station,
and approximately 17,500 If of water transmission pipeline.
SCOPE OF SERVICES
BASIC SERVICES
A. PROGRAM MANAGEMENT
Consultant shall provide program management services for the project. The
following services shall be provided.
1. Coordination of the letters of permission for access to private properties
for surveying and geotechnical investigations. Consultant shall mail the
letters and perform follow-up phone calls as necessary to obtain the
signed letters.
2. Coordinate easement documents with the Town Administrator and/or
Town Attorney.
3. Coordinate the efforts of all involved in the project, including Consultant,
the surveyor, the geotechnical engineer, the Town Staff, the Town
Attorney, and the franchise utilities. Provide oversight of the schedule
during the survey, land acquisition, and engineering process, to attempt to
maintain the Town's desired schedule.
4. Coordinate with the franchise utilities that are impacted by the proposed
improvements. Provide copies of the improvements plans to each utility.
Obtain schedules of proposed franchise utility clearing, and relate these
schedules to the project schedule.
5. Prepare presentations and attend up to 6 Council meetings to brief the
Council on the progress of the design, and to recommend award of the
construction contracts.
6. Set up and attend up to 3 project meetings between the 2 construction
contractors, to aid in coordination of the 2 construction contracts.
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7. Follow up with TCEQ and TxDot on the status of permit applications for
the project. Work with them to obtain these permits within the time
allowed by the project schedule.
8. Coordinate with the electrical power utility to bring power to the project
site. Keep the utility briefed on project schedule, and work with them to
develop estimates of cost for the Town.
B. PRELIMINARY DESIGN REPORT
Upon written notice to proceed, Consultant shall prepare a preliminary design
report that will provide recommendations to the Town for the design of the
project. The following information shall be provided in the preliminary design
report.
1. Review of the existing water distribution system to recommend the
capacities of the pump station and ground storage tank.
2. Review of the existing water distribution system to recommend the final
sizing of the water transmission lines and locations for connections.
3. Perform a route analysis for the water transmission mains. Consider such
elements as cost, impacts on businesses and residents, utility conflicts,
proximity to future thoroughfares, and coordination with other projects.
Provide recommendations, preliminary layouts, and cost estimates for up
to 2 pipeline route alternatives.
4. Preliminary layout and cross-section of the pump station, showing existing
facilities, proposed pump station buildings, pumps, piping (pump station
and yard), tie-ins to existing piping, valves, meters, generators, transfer
switches, and transformers.
5. Prepare recommendations on the number of pumps, pump flow rates,
pump operation, and instrumentation and controls.
6. Evaluate the system head curves for the pump station, and the resulting
pump heads and motor horsepower. Provide recommendations on the
use of variable frequency drives (VFD's) for coordination with the power
utility and the generators.
7. Provide recommendation on a backup generator for the pump station, and
the transfer switches needed for the generator operation.
8. Evaluate and provide recommendations on alternative pipe materials,
meters, and valves.
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9. Evaluate and provide recommendations on the need for a pump station
building. Include building material and HVAC requirements if buildings are
recommended.
10.Prepare preliminary layout and elevation of the ground storage tank,
showing tank, inlet and outlet lines, drains, overflow, interior and yard
piping, access ladders, and valves.
11.Evaluate vulnerability issues with the pump station and ground storage
tank, and provide recommendations on protective measures to be
included in the design.
12.Provide recommendations on controls hardware and software alternatives.
Show coordination of the controls with the Town's existing facilities.
13.Investigate the availability of power for the site, and provide
recommendations on how electric power should be brought to the site.
14.Review estimated range of disinfectant residual from proposed North
Texas MWD pipeline. Estimate chemical addition requirements.
15.Visit with Town personnel to discuss desired chlorine/ammonia injection
system operating and control strategy. Provide concept-level costs of
chemicals and facilities and discuss options for chemicals, storage,
controls, and equipment for feed and monitoring.
16.Based upon the abstract map and recommended pipeline route, determine
what easements are required for the recommended route, including both
temporary and permanent easements.
17.Update project schedule and opinion of probable construction costs.
Provide 5 copies of the draft preliminary design report to the Town. Attend
one review meeting with the Town to discuss Town's comments on the report.
Incorporate the Town's comments into the report, and provide 5 copies of the-- —
preliminary design report to the Town.
C. DESIGN
Upon Town approval of the preliminary design report, Consultant will design
the features associated with this project. The design shall include the
following.
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1. Design submittals shall be provided by Consultant to the Town at 50%,
90%, and 100%. The submittals shall include construction drawings,
specifications, contract documents, bid proposal, updated schedule, and
updated opinion of probable construction costs. Three (3) copies of these
items shall be submitted to the Town at each of the submittal dates.
2. Provide final engineering layouts, cross-sections, details, and
specifications for the pump station, including proposed pump station
building, pumps, piping (pump station and yard), tie-ins to existing piping,
valves, meters, generators, electrical equipment and controls, transfer
switches, and transformers.
3. Provide final layout, elevation, details, and specifications for the ground
storage tank, showing tank, inlet and outlet lines, drains, overflow, interior
and yard piping, access ladders, valves, man ways, logo, and access
roadway. Provide adequate detail to enable the tank manufacturer to
prepare final design and shop drawings for the tank foundation and
complete tank.
4. Provide final engineering layouts, cross-sections, details, and
specifications for the water transmission lines, including plan and profile of
the piping, in-line valves, blow-off valves and vaults, air release valves and
vaults, fire hydrants, services (if required), bored casing, connections to
existing and proposed lines, trenching, embedment, backfill, and paving
repairs.
5. Provide Architectural, Mechanical, and HVAC plans, elevations,
schedules, details, and specifications for the pump station building if
required.
6. Provide Structural plans, cross-sections, details, and specifications for the
pump station foundations, pump vaults, meter vaults, valve vaults,
electrical equipment slabs, and sidewalks.
7. Provide Electrical plans, details, and specifications for the pump station
and ground storage tank electrical equipment, instrumentation, controls,- —
lighting, generators, transfer switches, transformers, meters, motor
control centers, and security intrusion alarm features.
8. Provide plans, specifications, contract documents, and bid proposals for
two separate construction contracts to complete this project. FNI standard
specifications shall be used. Preparation of plans, specifications, contract
documents, and bid proposals for additional construction contracts will be
an additional service.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 15 of 29
9. Provide plans and specifications to TCEQ for review of the proposed
improvements.
10.Prepare applications for permit for work within TXDOT R.O.W.
11.Consultant shall coordinate with the North Texas Municipal Water District
and design compatible connections of the Town's system to the NTMWD
system.
D. BID OR NEGOTIATION PHASE. Upon completion of the design services and
approval of "Final" drawings and specifications by Town, Consultant will
proceed with the performance of services in this phase as follows:
1. Assist Town in securing bids. Issue a Notice to Bidders to prospective
contractors and vendors listed in Consultant's database of prospective
bidders, and to selected plan rooms. Provide a copy of the notice to
bidders for Town to use in notifying construction news publications and
publishing appropriate legal notice. The cost for publications shall be paid
by the Town.
2. Print Bid Documents and distribute to selected plan rooms, and to
prospective bidders that respond to the Notice to Bidders.
3. Maintain 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 Town by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if
necessary.
5. At Town request, Consultant will assist Town 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 Town.
6. Assist the Town in conducting a pre-bid conference for the construction
projects and coordinate responses with Town. Response to the pre-bid
conference will be in the form of addenda issued after the conference.
7. Assist Town in the preparation of Construction Contract Documents for
construction contracts. Provide ten (10) sets of Construction Contract
Documents for each construction contract, which include information from
the apparent low bidders bid documents, legal documents, and addenda
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 16 of 29
bound in the documents for execution by the Town and construction
contractor. Distribute five (5) copies of these documents for each
construction contract to the contractor with a notice of award that includes
directions for the execution of these documents by the construction
contractor. Provide Town with the remaining five (5) copies of these
documents for each construction contract for use during construction.
Additional sets of documents can be provided as an additional service.
8. Furnish contractor copies of the drawings and specifications for
construction pursuant to the General Conditions of the Construction
Contract.
E. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase
services, Consultant will proceed with the performance of construction phase
services as described below. Consultant will endeavor to protect the Town in
providing these services. However, it is understood that Consultant does not
guarantee the Contractor's performance, nor is Consultant responsible for
supervision of the Contractor's operation and employees. Consultant 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. Consultant 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.
The Town agrees to include provisions in the construction contract documents
that will require the construction contractors to include Consultant and their
subconsultants on this project to be listed as an additional insured on
contractors' insurance policies.
1. Assist Town 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 proposed estimate of monthly cash requirements of the
Project from information provided by the Construction Contractor. =
2. Establish communication procedures with the Town and contractor.
3. Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the
processing of contractor's submittals and provide for filing and retrieval of
project documentation. Review contractor's submittals, including,
requests for information, modification requests, shop drawings, schedules,
and other submittals in accordance with the requirements of the
construction contract documents for the projects.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 17 of 29
4. Based on Consultant'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
Consultant recommends Contractor be paid on monthly and final
estimates, pursuant to the General Conditions of the Construction
Contract.
5. Make one visit per month for 11 month construction duration to the site 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 Consultant will endeavor to protect the
Town against defects and deficiencies in the work of Contractors and will
report any observed deficiencies to the Town. Visits to the site in excess
of the specified number are an additional service.
6. Notify the contractor of non-conforming work observed on site visits.
Review quality related documents provided by the contractor such as test
reports, equipment installation reports or other documentation required by
the Construction contract documents.
7. Interpret the drawings and specifications for the Town and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and
approved by the Town, for substitutions of equipment and/or materials or
deviations from the drawings and specifications is an additional service.
8. Establish procedures for administering constructive changes to the
construction contracts. Process contract modifications and negotiate with
the contractor on behalf of the Town to determine the cost and time
impacts of these changes. Prepare change order documentation for
approved changes for execution by the Town. Documentation of field
orders, where cost to Town 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 Town are an additional service.
Substitutions of materials or equipment or design modifications requested
by the Town are an additional service.
9. 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 Town 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 Town if appropriate.
Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control of Consultant are an
additional service.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 18 of 29
10.Conduct, in company with Town's representative, a 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 Town 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.
11.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"
shall be provided by Consultant to the Town. Consultant shall also
provide a DWG electronic copy of the Record Drawings to the Town.
F. RESIDENT REPRESENTATION: Not Included.
SPECIAL SERVICES
A. SURVEY
Upon written notice to proceed, Consultant shall retain (as a subconsultant)
and monitor the services of a surveying firm to perform surveying services for
the project. The following survey shall be provided.
1. Abstract map of the proposed pump station ground storage tank sites and
pipeline alignments. This map will consist of available property line
information from the Collin County Appraisal District. The abstract
property information will be overlaid onto an aerial photograph of the Town
of Prosper, and used to determine and display alternative pipeline
alignments.
2. Prepare letters of permission for access to private properties for surveying
and geotechnical boring activities. These letters are to be put on the Town
of Prosper letterhead and sent to the appropriate landowners. _
3. Perform a design topographic survey of the pump station/ground storage
tank site and the pipeline alignments. Survey all surface features within
the survey areas, including 1-foot contours, ditches, creeks, outlines of
tree-lines, telephone poles, fences, valves, vaults, manholes, roads,
culverts, buildings, mailboxes, utility boxes, driveways, and all other such
surface features.
4. Call DigTess to flag all existing underground franchise utilities, and survey
these utilities into the design survey. Research existing Town of Prosper
utility plans, and include these lines in the survey.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 19 of 29
5. Prepare up to 4 permanent and temporary easement documents
necessary for the pipeline, including legal description and exhibit. Prepare
a boundary survey and legal description and exhibit of the pump station
site for use by the Town to purchase this property.
B. ENVIRONMENTAL SERVICES
Consultant will render the following professional environmental services in
connection with the project.
Compile existing information and conduct wetland delineation
1. Prior to making a field visit, obtain information for the vicinity such as soils
maps, National Wetland Inventory maps, topographic maps, floodplain
maps, and other readily available, pertinent data. This information will be
evaluated to guide the field survey described below. Consultant's
scientists will conduct a pedestrian survey of the route to identify
environmental issues. This investigation will include the following:
• Identification of "waters of the U. S." as defined by U. S. Army Corps
Engineers' regulations. These waters of the U. S. are regulated by
the USACE and require a permit for activities conducted within the
jurisdictional boundaries. The presence of jurisdictional waters such
as ephemeral, intermittent, or perennial streams; wetlands; or other
open waters will be documented.
• The presence of potential habitat for any federally listed threatened or
endangered species will be determined.
• Evidence of any obvious environmental contamination such as
stained soils, sheens on water, etc will be noted.
Section 404 Permitting
1. Consultant will prepare a letter report that will include a description of field
observations described above; an opinion of whether or not jurisdictional
waters are present, and if so, the type(s) of waters; an estimate of the—.
area of impact to waters of the U.S.; and a discussion of potential USACE
404 permit options.
2. If required under the terms and conditions of the applicable nationwide
permit or permits, Consultant will prepare a preconstruction notification
(PCN). The draft PCN will be submitted to the Town for review and
comment. After the Town's comments are incorporated into the PCN, it
will be submitted to the Fort Worth District Corps of Engineers. If a PCN is
not required, Consultant will submit documentation to the Town describing
the permit conditions and requirements. All permit conditions and
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 20 of 29
requirements will be included in the construction contract documents, and
the construction contractor will be required to abide by these during
construction. If an archeological survey is required, this will be considered
additional services.
Section 404 Mitigation Plan
1. These services do not include any mitigation plan services, if required by
the permit. If these are required, they will be considered additional
services, and will be negotiated between Consultant and the Town if
requested by the Town.
C. GEOTECHNICAL ENGINEERING SERVICES
1. Review Sherman Sheet of Geologic Atlas of Texas and the Soil Survey of
Collin County, Texas to determine general subsurface conditions to be
expected at the site.
2. Select approximate locations for exploratory borings. Consultant will select
and stake the specific locations after checking underground utilities, other
existing construction, and accessibility. Ground surface elevations for the
borings are will be determined by surveyor.
3. Consultant will subcontract with a drilling contractor to drill a total of thirteen
(13) borings at the site: three (3) 25-foot borings and one (1) 35-foot boring
for each ground storage tank; four (4) borings (20', 30' 40' and 45') for the
pump station and one (1) 20-foot boring for the transformer pad. Three
borings (two 35-foot borings and one 45-foot boring) will be cored and the
rest will be drilled with a continuous flight auger. Obtain soil samples for
testing, perform cone penetrometer tests in the field, and backfill borings
with cuttings and plug the upper foot of each boring with concrete sack mix
to prevent a tripping hazard.
4. Provide an engineer or geologist experienced in logging borings to direct
the drilling, log the borings, record the blow counts from the cone
penetrometer tests and handle the samples.
5. Select samples for laboratory testing, assign tests, deliver samples to a
subcontract laboratory selected by Consultant, and review test results.
Tests expected include classification tests (liquid and plastic limits and
percent passing the #200 Sieve), unconfined compression tests, pressure
swell tests, and unit dry weight/moisture contents.
6. Review subsurface conditions and soil properties found by the field work
and discuss the implications for design with Consultant's engineers.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 21 of 29
7. Prepare a report of geotechnical investigation presenting the boring
locations, boring logs, lab test results, a discussion of general subsurface
conditions at the site and their impact on design. The report will include
recommendations for foundation design for the ground storage tanks, pump
station, transformer pad and flow meter vault. The report will also include a
discussion of construction issues.
8. Consult during design to help apply the findings of the investigation to
specific design issues. Provide review of appropriate construction plans
and specifications for conformance to the design recommendations.
CONTINGENCY SERVICES
If directed by the Town in writing, Consultant shall perform the following services.
1. Perform additional services when requested by the Town.
2. Perform up to 12 additional construction site visits during construction of the
project.
3. Coordinate with the Town Attorney for up to approximately 2 condemnation
proceedings. Provide land agent and engineering expert witness services
for these condemnation proceedings. The number of proceedings is
approximated because effort required varies from proceeding to proceeding.
If the effort expended by Consultant brings the total Contingency Services
effort up to the not to exceed fee indicated in Article 3.1 for this section,
additional effort will be considered additional services.
4. Provide up to 90 hours of post-construction consultation with the Town
concerning the new water system. Provide consultations on the new
system operation, any problems with the new system, adjustments to the
system, and any other items associated with the new system. This scope
also includes up to 5 trips to the project site.
ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if
authorized by the Town, which are not included in the above described scope of—
services, are described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Mitigation planning required by the USACOE 404 permit.
C. GIS mapping services or assistance with these services.
D. Providing services to investigate existing conditions or facilities, or to make
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 22 of 29
measured drawings thereof, or to verify the accuracy of drawings or other
information furnished by the Town.
E. Providing renderings, model, and mock-ups requested by the Town.
F. Making revisions to drawings, specifications or other documents when such
revisions are 1) not consistent with approvals or instructions previously given
by the Town or 2) due to other causes not solely within the control of
Consultant.
G. Providing consultation concerning the replacement of any Work damaged by
fire or other cause during the construction, and providing services as may be
required in connection with the replacement of such Work.
H. Investigations involving consideration of operation, maintenance and
overhead expenses, and the preparation of rate schedules, earnings and
expense statements, feasibility studies, appraisals, evaluations, assessment
schedules, and material audits or inventories required for certification of force
account construction performed by the Town.
I. Preparing applications and supporting documents for government grants,
loans, or planning advances and providing data for detailed applications.
J. Providing shop, mill, field or laboratory inspection of materials and equipment.
Observe factory tests of equipment at any site remote to the project or
observing tests required as a result of equipment failing the initial test.
K. Conducting pilot plant studies or tests.
L. Preparing Operation and Maintenance Manuals or conducting operator
training.
M. Preparing data and reports for assistance to the Town 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. - —
N. Assisting the Town in preparing for, or appearing at litigation, mediation,
arbitration, dispute review boards, or other legal and/or administrative
proceedings in the defense or prosecution of claims disputes with
Contractor(s).
O. Performing investigations, studies and analyses of substitutions of equipment
and/or materials or deviations from the drawings and specifications.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 23 of 29
P. Assisting the Town 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 Consultant on a fee basis negotiated by
the respective parties outside of and in addition to this Agreement.
Q. 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.
R. Performing investigations, studies, and analysis of work proposed by
construction contractors to correct defective work.
S. 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.
T. Services required to resolve bid protests or to rebid the projects for any
reason.
U. Visits to the site in excess of the number of trips included in the Basic
Services for periodic site visits, coordination meetings, or contract completion
activities.
V. 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.
W. Providing services after the completion of the construction phase not
specifically listed in the Basic Services.
X. Providing services made necessary because of unforeseen, concealed, or
differing site conditions or due to the presence of hazardous substances in
any form.
Y. Providing services to review or evaluate construction contractor(s) claim(s),- --
provided said claims are supported by causes not within the control of
Consultant.
Z. Providing value engineering studies or reviews of cost savings proposed by
construction contractors after bids have been submitted.
AA. Preparing statements for invoicing or other documentation for billing other
than for the standard invoice for services attached to this professional
services agreement.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 24 of 29
BB. Provide follow-up professional services during Contractor's warranty period.
CC. Furnishing the services of a Resident Project Representative to act as the
Town's on-site representative during the Construction Phase. The Resident
Project Representative will act as directed by Consultant 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, Consultant shall endeavor to provide further
protection for the Town against defects and deficiencies in the work.
DD. If the Town provides personnel to support the activities of the Resident
Project Representative who is Consultant or Consultant'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. The Town agrees that whenever
Consultant informs him in writing that any such personnel provided by the
Town are, in his opinion, incompetent, unfaithful or disorderly, such personnel
shall be replaced.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 25 of 29
EXHIBIT B
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement between the Town of Prosper, Texas (Town)
and Freese and Nichols, Inc. (Consultant)
For Treated Water System Design Services
ITEM TASK COMPLETED COMPENSATION
Basic Services Based upon schedule attached Percentage of Construction (See
hereto as Exhibit "C" Below)
Special Services Based upon schedule attached On the basis of the Schedule of
hereto as Exhibit "C" Charges listed below with the
maximum fee not to exceed
$122,100
Contingency As requested On the basis of the Schedule of
Services Charges listed below with the
maximum fee not to exceed
$50,000
For and in consideration of the services to be rendered by Consultant, the Town
shall pay the fees hereinafter set forth.
A. COMPENSATION TERMS:
1. "Construction Cost" is defined as the total cost to the Town 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 the Town of all
current construction contracts, items of construction including labor, materials
and equipment, required for the completed work (including extras) and the_ y
total value at the site of Project of all labor, materials and equipment
purchased or furnished directly by the Town for the Project.
2. "Salary Cost" is defined as the cost of salaries (including sick leave, vacation,
and holiday pay applicable thereto) plus unemployment and payroll taxes and
contributions for social security, employment compensation insurance,
retirement benefits, medical and other insurance, and other miscellaneous
benefits.
3. "Other direct expenses" shall include outside printing and reproduction
expense, communication expense, travel, transportation and subsistence
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 26 of 29
away from Dallas and other miscellaneous expenses directly related to the
work, including costs of laboratory analysis, test, and other work required to
be done by independent persons or consultants other than Consultant's staff
members. For CAD services performed In-house by non-Consultant
employees where Consultant provides workspace and equipment to perform
such services, these services will be billed at cost times a multiplier of 2.0.
This markup approximates the cost to Consultant if a Consultant employee
was performing the same or similar services. "Other direct expenses" only
apply to the Special Services and Contingency Services.
B. BASIC SERVICES:
1. For providing Basic Services as described in Exhibit A for the Project,
Consultant shall be paid a Basic Fee computed as a percentage of the
construction cost for all portions of the Project (ground storage tank, pump
station, and water transmission pipelines). This fee shall be based on the
following:
Construction Cost Fee Percentage
Up to $6,199,999 8.0 cro
$6,200,000 and greater 7.0
The final fee computation shall be based upon a linear interpretation of the
fee percentages listed above based upon the actual construction cost. All the
construction cost of all portions of the Project shall be added together before
applying the percentage.
For the purposes of preparing a statement, 15% of the Basic Fee shall be for
the Program Management and Preliminary Design Report, 70% of the Basic
Fee shall be for the Design and Bid or Negotiation Phases and 15% of the
Basic Fee rate shall be for the Construction Phase. If construction bids are
received and a contract is not awarded, payment to Consultant shall be 85%
of the Basic Fee times the lowest bona fide bid received. If construction bids
are not received within six (6) months of the submission of final documents by
Consultant, payment to Consultant shall be 85% of the Basic Fee times the
final opinion of probable construction cost developed and agreed to by the
Town and Consultant. _
2. If a portion(s) of the Project is deleted by the Town following submittal of the
Preliminary Design Report, the payment to Consultant for the deleted portion
of the Project shall be 25% of the Basic Fee rate, as determined in 1. above,
times the estimated probable construction cost for the deleted portion of the
Project. If a portion(s) of the project is deleted by the Town following
submittal of final drawings and specifications, the payment to Consultant shall
be 85% of the Basic Fee rate, as determined in 1. above, times (1) the actual
construction cost of the part under contract, plus (2) the final estimated
probable construction cost of the deleted portion of the Project.
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 27 of 29
3. Consultant may submit requests for partial payment based on the amount of
services complete; however, the sum total of those payments for the Basic
Services shall not exceed 85% of the total estimated fee at time of
submission of the final drawings and specifications to the Town. The final
15% shall be due and payable based upon the amount of services completed
over the life of the construction project as submitted on consultant's monthly
invoices. The estimated fee shall be based on the preliminary opinion of
probable construction cost for the recommended and approved facilities
described in the Preliminary Design Report. The final fee will be adjusted to
reflect actual construction cost.
C. SPECIAL SERVICES AND CONTINGENCY SERVICES
For providing the Special Services and Contingency Services as detailed in
Exhibit A, Consultant shall be compensated on the basis of the Schedule of
Charges listed below with the maximum fee not to exceed $122,100 for the
Special Services and $50,000 for the Contingency Services.
Schedule of Charges
Staff Member Salary Cost Times Multiplier of 2.25
Other Direct Expenses Actual Cost Times Multiplier of 1.10
Rates for In-house Services
Computer Printing
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special " $ 5.00 per plot _
Binding
$5.75 per book
Testing Apparatus
Density Meter $350.00 per month
Gas Detection $ 10.00 per test
Town of Prosper and Freese and Nichols Inc Water System Design Contract(4-26-05)
Page 28 of 29
EXHIBIT C
Town of Prosper
Proposed Project Schedule
New Pump Station,Ground Storage Tank&Transmission Pipeline
ID Task Name 2/05 3/05 4/05 5/05 6/05 7/05 8/05 9/05 10/05 11/05 12/05 1/06 2/06 3/06 4/06 5/06 6/06 7/06 8/06 9/06 10/06 11/06
1 Authorization to Proceed :�-
� Mi - -2 Preliminary Design -��___-
3 Kickoff Meeting R
1.1 ___ _ _ _ _
4 Evaluate Existing System Hydraulics MIME — _ _ — _
MI 4= _________Milli
____
R5 Evaluate Pump Station Options&Electrical Requirements ii II-______�=ME —
6 Evaluate Ground Storage Tank Options MI i ____MIME
i
7 - Evaluate Pipe Alignment Options MIm� Il MI5
8 Prepare Conceptual Estimates&Site Layouts MI s ___—__-
9 Concept Review Meeting w/Prosper __111111 _1_MM.
___MIME
_Mill
__ MIME__
N 10 Prepare Draft Preliminary Design Report •MI___MI MI___________ ___
MI 11 Submit Draft PDR MIME _—_____ —ail
M12 Prosper Review ..._— ----- ------ --...MIME.
1111111.1111111111111111101111 MIME__ —
13 PDR Review Meeting w/Prosper
14 Revise PDR E
III IIPINIIIMII
ellt16 Special S rvicesPDR
K 17 Survey&Easements —_1111M_�[�__ _ MIME --- --- ---- --
ro 18 Deed Research&Landowner List ME �_ _—� IEEE
— _--- --19 Survey Permission Letters20 Field Survey(15,500 feel) ■ I� ■Q21 Prepare Easement Documents(4 Parcels) ■ MI ■�■�MEMO ■1■■■ ■
R22 Acquire Easements a'
23 Geotechnical Investigation @ Pump Station Site __ =1011 ---—
24 Construction Contract Documents MIME _E-,11.-�� =��
25 80%Design IIIII EN "�
26 Develop PS&GST Plans
27 Develop PL Plannec&Profile Sheets rm.moin
_I �_E__-__.28Develop Connection Details to Existing Facilities1v _ __ _
29 Develop General Detail Sheets MIME ___I s_,_;_i IIII MIIIIMMEIIIM
9 30 Prepare Utility/ROW Crossing Plans
31 Develop Specification TOC Ito
32 Submit 60%Review Documents
33 Prosper Review s
34 Review Meeting w/Prosper I __ _II—__�, ___I _
35 90%Design MIME ____�OMEN 1�_____ME
36 Revise 60%Documents
37 Prepare Utility/ROW Crossing Permits
y�1 E MI MI
38 Prepare 90%Specifications MIME MIME__ 'I�__—_
.�. 39 Submit 90%Review Documents —MEMIME_ME__�ME_ MI
40 Prosper Review MIME _—ME___MI_ ME II ----
41 Review Meeting w/Prosper ----
_
42 Revise 90%Documents 11111 ell43 Submit Final Bid Documents
44 Advertise&Award i
45 Construction ', - _ _-. MIME-. -.MIME - - _. -. _
•
[OFF05041]T:UCS\Prosper Schedule_050421
Tue 4/26/05