12-12-11 Regular Meeting of La Porte City Council

Browse Search

AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This AGREEMENT is entered into by the City of La Porte, hereinafter called "OWNER" and Freese and Nichols, Inc., hereinafter called "FNI ". In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: West F Street Drainage Improvements. II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" based on a Lump Sum method for Design Services and hourly rate for As-needed Construction Services. Based on our understanding of the scope of the Project, compensation for basic engineering shall be a lump sum of $38,426 for Design Phase, a lump sum of $910 for Bid Phase. For Special Services (Expenses) as defined in Article ID a total budget not -to- exceed $290 is proposed. Therefore, the total fee for Basic Engineering and Special Services is $39,626. Details concerning the fees are included in Attachment CO. If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 90 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. rV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this ATTEST: OF the aL day of QOre m �er , 2010. FREESE AND NICHOLS, INC. (FNI) / By: