Loading...
HomeMy WebLinkAboutResolution No. 04-92 RESOLUTION NO. 04-{~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND FREESE AND NICHOLS FOR DEVELOPMENT OF A SEPARATE STORM WATER UTILITY FEE FOR THE INDIAN CREEK WATERSHED, 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: DEVELOPMENT OF A SEPARATE STORM WATER UTILITY FEE FOR THE INDIAN CREEK WATERSHED; and WHEREAS, the City has determined that it is in the best interest ofthe City to enter into the Contract with FREESE AND NICHOLS, 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 the sum not to exceed $37,380.00 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 ofthe 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. PASSED, APPROVED and EFFECTIVE this 15th day of November, 2004. .~ J Dillard, Mayor ity of The Colony, Texas .. ~¡J~~ . ie Wilson, City Secretary [CITY SEAL] 63918 CONSULTANT CONTRACT CITY OF THE COLONY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § TillS CONTRACT is made and entered into this date by and between the CITY OF THE COLONY, a Texas municipal corporation (hereinafter referred to as the "CITY", and Freese and Nichols, Inc. (hereinafter referred to a5 "CONSULTANT") and evidences the .;.:,. following: I. PURPOSE CONSULTANT shall provide professional services for Storm Water Utility Fee Development for the Indian Creek Watershed within the jurisdictional limits of the City of The Colony. II. DESCRIPTION OF SERVICES The services which CONSULTANT shall provide for the CITY shall include the following: A. CONSULTANT hereby covenants and agrees that CONSULTANT is to work closely with the CITY's City Engineer or his designee, and/or other appropriate officials of the CITY, and that CONSULTANT is to perform any and all tasks required of CONSULTANT to fulfill the purposes of this Contract. B. CONSUL T ANT and the CITY covenant and agree that CONSULTANT shall perform all of the services and work contained in CONSULTANT'S proposal to the CITY (attached hereto as "Exhibit A" and incorporated herein); said document being part of this Contract and incorporated in its entirety herein. The parties agree that should there be any conflict between the terms of the incorporated document and this Contract, the provisions of this Contract shall control. C. CONSULTANT expressly covenants and agrees to provide the CITY with such written reports as may be required by the scope of the proposal. D. CONSULTANT will provide the CITY with one "hard copy set" and one digital set of the final contract documents, plans and reports hereinafter referred to as Deliverables. Record drawings of the plans and revised digital files shall be provided by the CONSULTANT upon completion of the project. In addition, as a deliverable, provide the CITY with a digital copy in pdfformat and three (3) copies of reports. III. PERFORMANCE OF WORK CONSULTANT or CONSULTANT'S associates and employees shall perform all the work called for in this Contract and the attached Exhibit A. CONSULTANT hereby covenants and agrees that all of CONSULTANT'S associates and employees who work on this project shall be fully qualified to undertake same and competent to do the work described in this Contract. IV. PAYMENT The CITY shall pay to CONSULTANT a total fee of Thirty Five Thousand Six Hundred Dollars ($35,600.00) for the services including expenses, which shall be billed to the CITY on a monthly basis for services rendered, based upon percentage of work completed based upon the monthly statement for services hereunder. City shall make prompt monthly payments in the amount shown by the CONSULTANT'S approved monthly statements and other documentation submitted. No interest shall ever be due on late payments. Within 30 days after the final completion and acceptance by the CITY of all work under this Contract and delivery of the requirements in II D of this contract and demonstration of payment of all suppliers and sub-contractors final payment shall be due. The City reserves the right to contest the matters in the monthly statement and final payment to ensure compliance with this contract. V. TERM OF THE CONTRACT This Contract shall commence and be in full force and effect upon the signing of the Contract and observance of the appropriate formalities. This Contract shall terminate by December 3 L 2005, at which time all of the work called for under this Contract must be completed unless the parties mutually agree in writing to extend the term of the Contract, or, unless otherwise terminated as provided in Paragraph XV herein. Throughout the project the Consultant must establish and maintain procedures for tracking and reporting progress. On Projects lasting over two months and exceeding $15,000, the consultant shall submit to the City written progress reports on a monthly basis. The reports shall include a brief summary of progress relative to each phase of work of the project. Reports shalI include minutes of review meetings, documentation of any changes, and shall address issues and challenges encountered as welI as anticipated project milestones according to the schedule, and anticipated solutions to keep the project on schedule. Weekly project status reports will be delivered electronically. VI. CONTRACT PERSONAL CONSULTANT and the CITY hereby covenant and agree that this Contract provides for personal services and that these services are not to be assigned or sublet in whole or part without the prior written consent of the CITY. VII. CONFLICT OF INTEREST CONSULTANT hereby covenants and agrees that during the Contract period that CONSULTANT and any of CONSULTANT'S associates and employees will have no interest nor acquire any interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONSULTANT pursuant to this Contract will be conducted by employees or associates of CONSULTANT. CONSULTANT further covenants and agrees that it understands that the Code of Ordinances of the City of The Colony prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect, in any business transaction with the CITY. Any violation of this paragraph which occurred with the actual or constructive knowledge of CONSUL T ANT will render this Contract voidable by the CITY. VIII. CHANGE IN WORK The CITY, through its City Engineer, may request changes in the scope and focus of the activities and studies called for under this Contract. Any such change which, in the opinion of CONSULTANT or the CITY varies significantly from the scope and focus of the work set out herein or entails a significant increase in cost or expense to CONSULTANT must be mutually agreed upon by CONSULTANT and the CITY. The parties herein acknowledge that any change in the scope or focus of the work which results in the increase in compensation to CONSULTANT of the fee stated in Paragraph IV hereof must first be approved by the CITY's City Manager or City Council, where applicable. IX. CONFIDENTIAL WORK Any reports, designs, plan, information, project evaluations, data or any other documentation given to or prepared or assembled by CONSULTANT under this Contract shall be kept confidential and may not be made available to any individual or organization by CONSULTANT without the prior written approval of the CITY except as may be required by law. X. OWNERSHIP OF DOCUMENTS CONSULTANT acknowledges that CITY owns all notes, reports, or other documents intellectual property or documentation produced by the consultant pursuant to this agreement or in connection with its work. CONSULTANT acknowledges that CITY shall have copyright privileges to those notes, reports, documents, processes and information. However, CONSULTANT acknowledges that the finished product, the report and/or documents and plans prepared for the CITY, as well as city documents reviewed in the preparation of the report, are the property of the CITY. CONSULTANT shall provide CITY a copy of all such notes, reports, documents, and information (except to the extent that they contain confidential information about third parties) at CITY expense upon written request. CITY agrees to keep all such information in the strictest of confidence and not to disclose such material to any third party or allow any third party access to such material except as such disclosure is expressly required to applicable law. XI. NONDISCRIMINATION As a condition of this Contract, CONSULTANT covenants and agrees that CONSULTANT shall take all necessary actions to insure, in connection with any work under this Contract, that CONSULTANT or CONSULTANT'S associates, sub-contractors, or employees, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly or indirectly or through contractual or other arrangements. In this regard, CONSULTANT shall keep, retain and safeguard all records relating to this Contract for work performed hereunder for a minimum period of three (3) years from final contract completion, with full access allowed to authorized representatives of the CITY upon request, for purposes of evaluating compliance with this and other provisions of the Contract. XII. INDEPENDENT CONTRACTOR By the execution of this Contract, the CITY and CONSULTANT do not change the independent contractor status of CONSULTANT. No term or provision of this Contract or any act of CONSULTANT III the performance of this Contract may be construed as making CONSULTANT the agent or representative of the CITY. XIII. INSURANCE CONSULTANT shall prior to the commencement of work under this Contract, obtain and shall continue to maintain at no cost to the CITY, in full force and effect during the term of this Contract, a comprehensive liability insurance policy which shall include bodily, death, automobile liability and property damage coverage. The minimum limit for this coverage shall be $1,000,000 combined single limit for liability and for property damage. The CONSULTANT shall also obtain and shall continue to maintain at no cost to the CITY, in full force and effect during the term of this Contract a professional liability (errors and omissions) insurance policy placed with a company rated at least A-fX by Best's Key Rating Guide, authorized to do business in Texas, in an amount not less than $1,000,000. The CITY shall be named as and additional insured under such general liability policy and provisions shall be given at least thirty (30) days prior notice of any material change in coverage, non-renewal, or of cancellation of such policy, evidenced by return receipt of United States Certified Mail. CONSULTANT shall furnish the CITY with original copies of said policies or certificates evidencing such coverage prior to commencement of any work under this Contract. XIV. HOLD HARMLESS CONSUL T ANT shall defend, indemnify, and hold the CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property to the extent they arise out of, or are occasioned by the Consultant's negligence, gross negligence or intentional tortuous acts, errors or omissions in the performance of this Contract, or any act of Consultant's negligence, gross negligence or intentional tortuous acts of commission or omission in the execution or performance of this Contract of any representative, agent, customer, employee, subcontractor or invitee of CONSULTANT. XV. NO VERBAL AGREEMENT This Contract contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitment not contained in this Contract or expressly referred to in this Contract and incorporated by reference shall have no force or effect. XVI. TERMINATION The CITY may, at its option and without prejudice to any other remedy to which it may be entitled at law or in equity, terminate further work under this Contract, in whole or in part, by giving at least ten (10) days prior written notice thereof to CONSULTANT with the understanding that all services being terminated shall cease upon the date specified in such notice. The CITY shall equitably compensate CONSULTANT, in accordance with the terms of this Contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the CITY. CONSULTANT shall not, however, be entitled to lost or anticipated profits should the CITY choose to exercise its option to terminate. XVII. VENUE The parties to this Contract agree and covenant that this Contract will be performable in The Colony, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Denton County, Texas. XVIII. APPLICABLE LAWS This Contract is made subject to the existing provisions of the Charter of the City of The Colony, its rules, regulations, procedures and ordinances, present and future, and all applicable laws of the State of Texas and the United States of America. XIX. CONTRACT INTERPRETATION The parties to this Contract covenant and agree that in any litigation relating to this Contract, the terms and conditions of the Contract will be interpreted according to the laws of the State of Texas. XX. NOTICES All notices, communications and reports under this Contract must be mailed or delivered to the respective parties at the addresses shown below, unless either party is otherwise notified in writing by the other party: CITY: Gordon E. Scruggs, P.E., Engineering Services Director Engineering Department City of The Colony 6800 Main Street The Colony, Texas 75056 CONSULTANT: Trey Shanks Freese and Nichols, Inc. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 XXI. SEVERABILITY In the event that anyone or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in the Contract. XXII. RIGHT OF REVIEW CONSULTANT covenants and agrees that the CITY, upon reasonable notice to CONSULTANT, may review any of the work performed by CONSULTANT under this Contract. XXIII. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their successors, and, except as otherwise provided herein, their assigns. XXIV. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and in no way alter the substance of the terms and conditions of this Contract. XXV. WAIVER OF ATTORNEYS FEES CONSULTANT and CITY expressly covenant and agree that in the event of any litigation arising between the parties to this contract, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party's attorney's fees regardless of the outcome of the litigation. C EXECUTED this the /S-7>~ day of 11;n~/~2004. CITY OF THE COLONY, TEXAS: CONSULTANT: ~. Ç)h eLL ' ~\lJ£D)~ City Manager Pre e and Nichols, Inc. ATTEST: ATTEST: ~} , . . CitYSec~A4 ~~ '~o~oþ 6uy~ EXHIBIT A SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between the City of the Colony (City) and FNI providing for professional engineering services. STORM WATER UTILITY FEE UPDATE This study will determine the appropriate cost of service and resulting storm water utility fee for developed properties in the Indian Creek watershed within the jurisdictional limits of the City of The Colony (the City). Property owners within this watershed anticipate having lower storm water services costs relative to the other areas in the City due to progressive site development approaches that may minimize the overall impact on the municipal storm sewer system. The primary deliverable of this study will be a proposed storm water utility fee rate showing a unique rate for the Indian Creek watershed. A summary report that describes the estimated costs of service for the Indian Creek watershed and for the rest of the City, as well as the resulting fee schedules, will be provided. An updated master storm water utility billing database file and a draft of the Fee Ordinance will also be provided. One public meeting, up to two City Council work sessions, and one City Council meeting will be conducted to gather appropriate input and provide proposed updated rate information. Task 1. Fee Development A. Kickoff Meeting - Hold a kickoff meeting with City staff and FNI to discuss the approach, review the schedule, and collect necessary available information from the City. B. Define Watershed Areas - Using geographic information systems (GIS), determine the Indian Creek watershed area for the purpose of segregating parcels in the City to assess unique storm water utility rate schedules. The determination in GIS of either all watersheds within the City or the City's storm water system in a manner compliant with the mapping requirements of the Phase II MS4 permit will be conducted upon the City's request in accordance with the terms of the Additional Services. C. Staff Interviews and Existing Information Review - Conduct two (2) meetings with City staff to collect information existing and projected cost of service in the Indian Creek watershed. It is assumed that the storm water management cost of service for the City as a whole will be based on the level determined from the prior storm water utility study. D. Determine Cost of Service Within Indian Creek Watershed - Develop a five-year projected cost of service for storm water management in the Indian Creek watershed within the City. Document the features and practices that exist and must remain for unique storm water utility rate schedule to be maintained for the Indian Creek watershed. Document storm water management activities to be conducted by Indian Creek watershed R:IContractl2004 IColonylS WU- Indian Creek doc ratepayers in order to maintain unique storm water utility rate schedule. Develop costs for administration and program management, operations and maintenance, monitoring and enforcement, planning and engineering, and public education. The costs will be projected without detailed engineering calculations. E. Develop Storm Water Management Financial Plan - Based on the projected storm water management cost of service from Task D, develop a five-year financial plan that shows the projected financing requirements and correlating storm water utility rates for developed properties in the Indian Creek watershed. F. Council Work Session - Present a draft fee schedule with supporting information summarizing the Indian Creek watershed storm water management program and projected cost of service. Develop up to three possible sets of rates for the Indian Creek watershed storm water utility fee, based on variations of the storm water management financial plan. G. Draft Revised Storm Water Utility Fee Resolution - Develop a draft Rate Ordinance that is consistent with the City Council's selected set of storm water utility rates for the Indian Creek watershed. Work with the City's legal counsel to revise and finalize the ordinances. It is the City's responsibility to publish the public notice containing the proposed fee resolution. The public notice must be published three times prior to the public hearing, with the first notice being published at least 30 days prior to the hearing. H. Council Meeting - Assist City staff with one presentation of the storm water utility fee schedule for the Indian Creek watershed as part of the required public hearing prior to the Council vote for the fee schedule adoption. If it chooses to adopt the revised fee schedule, the City Council will need to enact the fee resolution through its established protocols. 1. Master Utility Account File Preparation - Based on the City Council's selected set of rates for the storm water utility, coordinate with City utility billing staff to populate a field in the current utility billing database with the appropriate storm water utility fee for each account. J. Final Report - Provide to the City three (3) copies of a report detailing the storm water utility fee revisions that includes the amended cost of service and fee schedule for the Indian Creek watershed. This report assumes the cost of service for the City overall determined as part of the prior storm water utility study will not be revised. Task 2. Public Input Meeting As part of the fee development process, Freese and Nichols will prepare an informational fact sheet for distribution by mail to the community that provides a brief overview of the proposed storm water utility modification and the process to be taken to identify a separate user fee for properties in the Indian Creek watershed. One public meeting will be conducted at City Hall to R:\Contract\2004 \Colony\SWU- Indian Creek.doc present the proposed modifications to the storm water utility and to solicit public input into the plan. ADDITIONAL SERVICES In the event either party hereto expresses a desire for Additional Services to be performed by FNI, FNI shall promptly notify the City in writing whether such Additional Services will cause an increase in the City's costs or expense. The City and FNI must execute a written change order reflecting such equitable adjustment resulting in an increase in cost to the City prior to FNI commencing such work. In the event FNI commences such work without first obtaining a fully executed change order, it does so at its own risk of payment therefore. Additional Services to be performed by FNI, if authorized in advance in writing by the City, which are not included in the above described basic services, are described as follows: A. Meetings in addition to those specified in the Scope of Services. B. Direct coordination (other than the public meeting in the Scope of Services) with representatives for the Indian Creek watershed to obtain information that may affect the determination of the storm water management cost of service for the watershed as well as the resulting watershed storm water utility fee. C. Field visits required to identify Indian Creek watershed boundaries. D. GIS mapping of other watershed boundaries in the City and GIS mapping of the storm water system within the City. E. 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 City. F. 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. G. Visits to the site in excess of the number of trips included in the Scope of Services for periodic site visits, coordination meetings, or contract completion activities. H. 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 the City. 1. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. R: IContract\2004 IColonylSWU- Indian Creek.doc J. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. TIME OF COMPLETION Both parties agree that time is of the essence in performance of this Agreement. 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: o Kickoff Meeting - 14 days from NTP o Public Input Meeting - 60 days from NTP o Final Storm Water Utility Report with Revised Fee Schedule - 6 months from NTP If Services are delayed due to fault of FNI, then in addition to any other remedies available to The City in this Agreement, The City may direct that the Services be accelerated by means of overtime, additional employees and/or consultants. All costs directly associated with such acceleration shall be reimbursable as a cost of Services, but shall not increase the not-to-exceed fee, unless the parties agree otherwise in writing as evidenced by a fully executed written change order. If FNI' s Services are delayed through no fault of FNI, FNI shall be entitled to adjust the contract schedule consistent with the number of days of delay. These delays may include, but are not limited to, delays in The City or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, or any other event beyond the control of The City or FNI. These delays may result in an adjustment to compensation as outlined in this Agreement and in Attachment CO. FNI agrees to perform its Services in a timely manner. In so doing, FNI agrees to examine all information, studies, reports, sketches, drawings, specifications, proposals, comments, and other documents presented by The City, obtain the advice of an attorney, insurance counselor and other consultants as FNI deems appropriate for such examination and render in writing decisions, if any, pertaining thereto and proposed change orders within a reasonable time so as not to delay The City or the Services of FNI. Notwithstanding anything in this Agreement to the contrary, the Time of Completion of the Project can only be changed by a written amendment signed by both parties. Any claim for extension of the Time for Completion shall be based upon written notice from the party making the claim to the other promptly, but in no event later than three (3) days, after the occurrence of the event giving rise to the claim. RESPONSIBILITIES OF THE CITY The City shall perform the following in a timely manner so as not to delay the services of FNI: A. Provide FNI with information to assist in the development of the projected cost of service for the Indian Creek watershed. R:IContractl2004 IColonylSWU- Indian Creek.doc B. Coordinate with Indian Creek watershed representatives to determine their roles and input on the development of the watershed storm water utility fee schedule. C. Issue three (3) public notices in a local newspaper for the storm water utility fee public hearing with at least one of the notices placed 30 days in advance of the hearing, in accordance with the requirements Local Government Code (LGC) 402, Subchapter C. D. Provide access and setup assistance for the public input meeting at City Hall. E. Provide mapping information necessary to develop storm water utility fee rates for residential and commercial units. This information includes Denton Central Appraisal District database files for the City, individual commercial site plans, and other mapping data maintained or available to the City. F. The individual designated as the City's representative with respect to the services to be rendered under this Agreement is as set forth in Article V hereto. Such person shall have contract authority to transmit instructions, receive information, interpret and define The City's policies and decisions with respect to FNI's services for the Project. G. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the drawings and specifications. H. 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. I. 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. J. 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 the City 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. K. 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. L. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as The City may require and such auditing service as The City may require to ascertain how or for what purpose any Contractor has used the monies paid under the construction contract. R:\Contract\2004 \Colony\SWU- Indian Creek. doc M. Give prompt written notice to FNI whenever the City 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. N. Furnish, or direct in writing FNI to provide, any other services that the City determines are necessary, including but not limited to, Additional Services as stipulated in this Agreement. O. Bear all costs incident to compliance with the requirements of this Agreement. DESIGNATED REPRESENTATIVES FNI and The City designate the following representatives, and hereby agree and represent that such individuals shall have contract authority to transmit instructions, receive information, interpret and define their respective party's policies and make necessary decisions with respect to this Agreement. The City's Designated Representative: Name: Mr. Gordon Scruggs, P.E. Address: 6800 Main St. The Colony, TX 75056 Phone: 972-624- 3137 Fax: 972-624-2308 E-mail: gscruggs@ci.the-colony.tx.us FNI's Project Manager: Name: Trey Shanks Address: 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Phone: 817-735-7450 Fax: 413-235-2405 E-mail: ts@freese.com FNI's Accounting Representative: Name: Jana V. Collier Address: 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Phone: 817-735-7354 Fax: 817-735-7496 E-mail: jvc@freese.com R: IContractl2004 IColonylS WU-Indian Creek.doc COMPENSATION Basic Services: Compensation to FNI for the Basic Services in the Scope of Services shall be for a lumps sum total of Thirty Five Thousand Six Hundred Dollars ($35,600.00). o Storm Water Utility Fee Update $26,200 o Public Meeting (including mailer) $ 9,400 If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in this Agreement, FNI will notify the City for the City's approval before proceeding. Unless otherwise specified in this contract, Additional Services shall be computed based on the Schedule of Charges. R:\Contract\2004 \Colony\SWU- Indian Creek.doc