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HomeMy WebLinkAboutResolution No. 04-43 RESOLUTION NO. 04- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND FREESE AND NICHOLS, INC. FOR DESIGN OF A LIFT STATION AND FORCE MAIN TO CONVEY WASTEWATER FROM WYNNWOOD PENINSULA TO STEWART CREEK WASTEWATER TREATMENT PLANT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: DESIGN OF A LIFT STATION AND FORCE MAIN TO CONVEY WASTEWATER FROM WYNNWOOD PENINSULA TO STEWART CREEK WASTEWATER TREATMENT PLANT; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with FREESE AND NICHOLS, INC, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay a sum not to exceed $378,500.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Engineering Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. o04. A)45~ST.~/ ~ ~/~/~~-~ J .~hn ~)illard, Mayor City of The Colony, Texas Christie Wilson, City Secretary R~oo~ [CITY SEAL] FORM: Uity Attorney 63918 Freese NichoLs, nc. Engineers [nvironmentaLScientists Architects 1701 NorLh Market Street, Suite 500 LB 51 Dallas, TX 75202 214 920-2500 214 920-2565 fax www. freese.com May 26, 2004 Mr. Antonio Johnston Assistant City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 RE: Task Order No. 7 Wynnwood Peninsula Lift Station and Fome Main Preparation Dear Mr. Johnson: Freese and Nichols is pleased to submit Task Order No. 7 - for the Wynnwood Peninsula fome main and sewage lift station and requests Authorization to Proceed in accordance with our General Agreement for Professional Services dated November 6, 2001. The work described in Task Order No. 7 involves developing and finalizing constrt~ction plans for the Wynnwood Peninsula lift station and force main to the Colony Stewart Creek treatment plant. It is our understanding that Kimley-Horne and Associates, Inc. will be providing field surveys and easement instruments for the routing along FM 423 and along Lebanon Road. Kimley-Horne will also provide for the Corps of Engineer perrrdtting in conjunction with their water line design. It is anticipated that the water lin~ and force main crossing the Corps property will be installed by boring and will be ,'tone with either the water line construction or the force main construction, whichever is ready to be bid first. Freese and Nichols will provide for the design surveying and easement instrument preparation for the routing from FM423 to the City of The Colony WWTP. Existiag survey information provided by the developer will be used to the extent possible for the routing between the end of the Kimley-Horue survey to the lift station site. Some additional survey will be necessary to establish control for the alignment across the developer's property. Coordination is essential between the developer, Kimley-Horne and the City. Freese and Nichols will not provide for any geotechnical investigations for the project assuming that the lift station will be in the general vicinity of soil borings pe,fformed for the developer and geotechnical information associated with the water line design by Kimley-Horne will be provided to Freese and Nichols for use in the fbrce main design. The Freese and Nichols Wastewater Service Alternatives Evaluation Report (August 8, 2003) Scenario 3 established the general routing of the Wynnwood Peninsula force main and the general location of a large lift station which would be sized to acco~nmodate the flows from all of The Colony Wynnwood Peninsula. The lift station site will be shifted to the southwest approximately 6,700 feet to accommodate the Developer plans. Lift station capacities and force main line sizes will be in accordance with Scenario 3 as described in the report. Freese and Nichols, Inc. has been providing water and wastewater planning, design and construction phase services to municipalities in the DFW Metroplex since 1894. We have adequate experience and staff in our Metroplex offices to successfully complete this assignment. Jim Baddaker will serve as project manager and has specific expertise and experience in the routing and design and evaluation of wastewater conveyance facilities. If you have any questions, please contact me at 214-217-2252. We look forward to working with you and your staff on this project. Very truly yours, AND NICHOLS, INC. ~UtlTh~rioZ?~bYHl~ COLONY By: DI~I~ C,~ ~iT~Fttw, (Print Name) Date: Attachments t SCOPE OF SERVICES - TASK ORDER NO. 7 Wynnwood Peninsula Sewer Lift Station and Force Main BASIC SERVICES: FNI shall render thc following professional services in connection with the development of this Task Order: TASK DESCRIPTION This Project consists of professional engineering services to design and construct improvements to the City of The Colony's wastewater collection system. Purpose of the project is to provide a lift station to pump wastewater flows ( 2025 projected flows of 4.35 mgd) from the Wynnwood Peninsula to the City's existing wastewater treatment plant (WWTP).. Work anticipated for this project includes: 1. Preliminary Design, Design and Construction Services for a new 4.35 MGD lift station and force main for conveyance of raw wastewater flows to the City's existing WWTP. 2. Advertisement and Bid Phase services including bid document distribution, hid opening and tabulation and preparation of final executed contract documents. 3. Resident representation services for construction inspection for modifications to the City's existing WWTP and collection system improvements. 4. Special services in support of design and construction of the proposed improvements, including Texas Commission on Environmental Quality (TCEQ) TPDES discharge permit modifications, geotechnical soils testing and engineering services, and surveying services for lift station and force main improvements. 5. FNI will perform general administrative duties associated with the Project including progress monitoring, scheduling, general correspondence, office administration, and invoicing. These duties include day-to-day contact and liaison with the OWNER and project staff; providing a one-page weekly report on progress;ensuring the needs of the OWNER are met in a timely manner; providing project communication; and monitoring work on the project. 6. FNI will assist in the cost assignment of oversizing the lift station and force main for future growth in the Wynnwood Peninsula area. 7. Odor control will be included with the lift station design 8. The lift station and force main will be owned and operated by the City. Long term service life and minimized operation and maintenance functions will be incorporated into the design BASIC SERVICES: FNI shall render the following professional services in connection with this project: 1. Preliminary Design Phase: Upon execution of this Task Order, FNI shall: a. Conduct preliminary design kickoff meeting with the OWNER to review the scope of services, verify the OWNER's requirements for the Project, and review available data. b. Prepare preliminary design report for lift station, force main and gravity collection system improvements associated with this work, including preliminary drawings and specification outline. c. Meet with the OWNER at the 50% and 90% pre-design completion levels to discuss overall project status and get input and comments on the design progress from the City. Preliminary design documents and agenda shall be presented to the City a minimum of one week prior to each progress meeting. d. Assist the City in preliminary discussions with the COE, NTMWD, City of Frisco and other entities for easements and COE permitting. 2. Final Design Phase: FNI shall provide professional services in this phase as follows: a. Conduct final design kickoff meeting with the OWNER to review scope of services, verify OWNER requirements and review available data. Kickoff meeting shall review selected design alternatives, preliminary design documentation, and gather any additional information needed for final design. Design documents and agenda shall be presented to the City a minimum of one week prior to the meeting. b. Prepare drawings, specifications, Construction Contract Documents, designs and layouts of improvements to be constructed. c. Meet with the OWNER at the 50% and 90% design completion levels to discuss overall project status and get input and comments on the design progress from the City. Design documents and agenda shall be presented to the City a minimum of one week prior to each progress meeting. d. Advise OWNER of need for and recommended scope of subsurface investigations, special analysis, hydraulic model studies, mapping, etc., and the retention of special consultants. The cost of such services shall be paid by the OWNER and are not included in the services performed by FNI. e. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits and easements required by local, state and federal authorities. fi Submit drawings, specifications, and Construction Contract Documents for approval by applicable federal and state agency(s), where required. g. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. h. Prepare revised opinion of probable construction costs at the 50% and 90% completion levels. i. Prepare bidders proposal forms for the improvements to be constructed. j. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals marked "preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will provide five (5) sets of copies of "final" drawings. 3. Bid Phase: Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, FNI will proceed with the performance of services in this phase as follows: a. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. b. Maintain information on entities that have been issue a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. c. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. d. Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre-bid conference. e. At OWNER request, FNI will assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. f. Assist OWNER in the preparation of Construction Contract Documents for construction contracts. Provide 10 (10) sets of Construction Contract Documents including information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide OWNER with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. g. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 4. Construction Phase: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. a. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures is an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. b. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. c. Establish communication procedures with the OWNER and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. d. 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. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. e. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. f. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. Total number of site visits shall not exceed nine (9). Visits to the site in excess of the specified number are an additional service. g. 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. h. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. i. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. j. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. k. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 1. Conduct, in company with OWNER'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 City 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. m. 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 FNI to OWNER. 5. Resident Representation Phase: Provide Resident Project Representation services during the construction phase as follows: a. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of the Construction Phase Services. b. If OWNER provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. c. Resident project representation is based on providing a part-time Resident Representative for an average of 20 hours per week for a period of 9 months assuming that the construction is accomplished at the same time as the Treatment Plant Improvement Construction. SPECIAL SERVICES: FNI shall render the following professional services in connection with this project, as authorized by the OWNER, which are not included in the above described basic services shall be as follows: 1. Field surveying required for the preparation of designs and drawings. 2. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above-described basic services, are described as follows: 1. Field layouts or the furnishing of construction line and grade surveys. 2. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. 3. GIS mapping services or assistance with these services. 4. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. 5. Providing environmental support services including the TCEQ and COE permitting assistance, and other assistance required to address environmental issues. 6. Providing renderings, model and mock-ups requested by the OWNER. 7. Making revisions to drawings, specifications or other documents when such revisions are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. 8. 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. 9. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. 10. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 11. 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. 12. Conducting pilot plant studies or tests. 13. Preparing Operation and Maintenance Manuals or conducting operator training. 14. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. 15. Assisting OWNER in claims disputes with Contractor(s). 16. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. 17. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. 18. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, and other assistance required to address environmental issues. 19. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. 20. 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. 21. Services required to resolve bid protests or to rebid the projects for any reason. 22. Visits to the site in excess of the number of trips included in Basic Services for periodic site visits, coordination meetings, or contract completion activities. 23. 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. 24. Providing services after the completion of the construction phase not specifically listed in Basic or Special Services. 25. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. 26. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. 27. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. 28. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. 29. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. 30. Provide follow-up professional services during Contractor's warranty period. TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: 1. BASIC SERVICES a. Preliminary Design Phase Services - 3 months from Notice to Proceed b. Final Design Phase Services - 3 months from completion of Preliminary Design c. Bid Phase Services - 2 months from completion of Final Design d. Construction Phase Services - 9 months from completion of Bid Phase e. Resident Representation Services - Concurrent with Construction Phase services 2. Special Services - Concurrent with Basic Services Anticipated Notice to Proceed is May 3, 2004. Anticipated project completion date is October 3, :2005. IF FNI's services are delayed or suspended in whole or in part by OWNER, or if FNI's services are extended by the Contractor's actions or inactions for more than 90 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation. RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: 1. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. 2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. 3. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. 5. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. 6. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 7. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 8. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project Representative service so the Bidders can be informed. 9. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services, together with such adjustment of compensation as appropriate. 10. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 11. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. 12. Furnish, or direct FNI to provide, Additional Services as stipulated in this Task Order or other services as required. 13. Bear all costs incident to compliance with the requirements of the Responsibilities of OWNER. DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - Gordon Scruggs, P.E. City Engineer 6800 Main Street The Colony, Texas 75056 Phone: (972) 624-3137 Fax: (972) 624-2308 Email: gscruggs @ci.the-colony.tx.us FNI' s Project Manager - J.R. Baddaker 1701 North Market St. Suite 500 LB 51 Dallas, TX 75202 Phone: (214) 217-2232 Fax: (214) 920-2565 Email: jb@ freese.com FNI's Accounting Representative - Bill Grozdanich 1701 North Market St. Suite 500 LB 51 Dallas, TX 75202 Phone: (214) 217-2254 Fax: (214) 920-2565 Email: bjg@freese.com COMPENSATION: The total fee for this Task Order shall be computed on the basis of the original Schedule of Charges but shall not exceed the following: Basic Services: $239,000 Special Services: $139,500 If FNI sees the Scope of Services changing so that Additional Services are needed, FNI will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges.