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•
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the WI day of f, ,19..E , 2012, by
and between the City of Coppell acting by and through the City Manager with approval of the City
Council hereinafter referred to as "City", Verdunity, Inc. hereinafter referred to as "Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the Southern Belle reconstruction hereinafter referred
to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by
reference; and
WHEREAS, this contract shall be administered on behalf of the City by its City Engineer
or his duly authorized representative. The Engineer shall fully comply with any and all
instructions from said City Engineer.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in
connection with the Project as defined herein, and for having rendered such Services the City
agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this
Contract shall be performed under the direct supervision of the City Engineer.
1. Scope of Services,
A. Basic Services The work tasks and activities to be performed and deliverable to be
provided by the Engineer shall be in accordance with Attachment A, Scope of
Services, including modifications to the Basic Services as mutually agreed to by the
City and the Engineer in accordance with the provisions of this Contract.
B. Additional (Special) Services Not Included In Basic Services: When mutually
agreed to in writing by the City and the Engineer, the Additional Services shall be
provided by the Engineer. These Additional Services are not included as a part of
Basic Services and shall be paid for by the City in addition to payment for Basic
Services. Should it be determined that one or more of the requirements of this
Contract conflict with the requirements of the Scope of Services, including
modifications to the Scope of Services or any attachments to this contract; the
requirement of the Contract shall govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the
major Project tasks, the estimated consultant hours required to perform the tasks, the
percentage of the Contract budget estimated to be allocated to each task and a bar chart
schedule showing task beginning and completion dates. Significant milestones for the
Project shall be identified. At a minimum, milestones shall be provided for the three
design submittals described in Attachment A, Scope of Services: Preliminary (60%)
Design Submittal, Draft Final (90%) Design Submittal, and Final (100%) Plans,
Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City
shall compile Attachment D, Project Schedule which shall become a part of this Contract
upon approval of the Engineer and the City. The Engineer shall provide to the City
information to report and monitor the design tasks within the Project Schedule by
completing a "Design Progress Report" on a form provided by the City. The Engineer
shall complete and provide to the City said report at two week intervals.
Page 2
3. Compensation.
A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this
Contract pursuant to the Fee Schedule described in Attachment A, Scope of
Services. Basic Services Fee shall not exceed the lump sum of
fifty-two thousand one hundred and ninety five dollars ($ 52,195 )
provided, however, that modifications to the Basic Services, or other conditions
defined herein may necessitate a change of Fee which shall be reduced to writing
and approved by the City or its designee.
B. Special Services Fee: The Engineer should be paid a fee under this Contract for
Special Services pursuant to the Fee Schedule described in Attachment A, Scope
of Services. Special Services Fee shall not exceed the lump sum of
fifteen thousand five hundred dollars ($ 15,500 ) provided, however,
that modifications to the Special Services, or other conditions defined herein may
necessitate a change of Special Fee which shall be reduced to writing and approved
by the City or its designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
sixty-seven thousand six hundred and ninety-five
dollars ($ 67,695 ): The lump sum Basic Services Fee plus the lump sum
Special Services Fee.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services and/or Special Services on or before the twenty fifth (25th)
calendar day of the month, or the preceding business day if the twenty fifth occurs
on a weekend and/or observed holiday. Payment shall be based on the invoices
submitted to the City, provided that Services completed as indicated in the Design
Progress Reports approved by the City equals or exceeds the increment percentage
requested on the Engineer's invoices. Engineer's invoices to City shall provide
complete information and documentation to substantiate Engineer's charges and
shall be in a form to be specified by the City Engineer. Should additional
documentation be requested by the City Engineer the Engineer shall comply
promptly with such request.
E. Payments: All payments to Engineer shall be made.on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one
payment to the Engineer per month. City reserves the right to correct any error
Page 3
that may be discovered in any invoice whether paid to the Engineer or not, and to
withhold the funds requested by the Engineer relative to the error.
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for additional
Services shall be in the form of a Modification to the Scope of Services approved by the
City Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion of
the requesting Party, the needs and conditions of the Project warrant a modification. Upon
the receipt of a request by either Party, the Engineer and the City Engineer shall review
the conditions associated with the request and determine the necessity of a modification.
When the Parties agree that a modification is warranted, the Engineer and the City
Engineer shall negotiate the specific modification(s) and any changes in the Total
Maximum Fee or Project Schedule resulting from the modification(s). Approval of a
modification shall be in the form of a written Modification to the Scope of Services which
clearly defines the changes to the previously approved Scope of Services, Fee and/or
Project Schedule. Said written Modification shall be approved by Engineer, authorized by
the City Council, if required, and issued by the City Engineer. Issuance of the approved
Scope of Services modification shall constitute a notice to proceed with the Project in
accordance with the modified Scope of Services. The City Engineer may issue written
Modifications to the Scope of Services without prior approval of the City Council when the
modifications are to be accomplished within the authorized Total Maximum Fee and do not
materially or substantively alter the overall scope of the Project, the Project Schedule or
the Services provided by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services,
the Engineer shall provide the City with the specified type and number of deliverables.
7. Project Control. It is understood and agreed that all Services shall be performed under
the administrative direction of the City Engineer. No Services shall be performed under
this Contract'until a written Notice to Proceed is issued to the Engineer by the City
Engineer. In addition, the Engineer shall not proceed with any Services after the
completion and delivery to the City of the Conceptual Design Submittal, Preliminary
Design Submittal, or the Final PS&E Submittal as described in the Basic Services without
written instruction from the City. The Engineer shall not be compensated for any
Services performed after the said submittals and before receipt of City's written instruction
to proceed.
Page 4
8. Partnering. The City shall encourage participation in a partnering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions
and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and
continue for the duration of this Contract. By engaging in partnering, the parties do not
intend to create a legal partnership, to create additional contractual relationships, or to in
any way alter the legal relationship which otherwise exists between the City and the
Engineer. The partnering effort shall be structured to draw on the strengths of each
organization to identify and achieve reciprocal goals. The objectives of partnering are
effective and efficient contract performance and completion of the Project within budget,
on schedule, in accordance with the Scope of Services, and without litigation. Participation
in partnering shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
performed under this Contract, the City and the Engineer shall negotiate in good faith
toward resolving such disputes. The City Engineer may present unresolved disputes
arising under the terms of this Contract to the City Manager or designee. The decision of
the City Manager or designee shall be final and binding. An irreconcilable or unresolved
dispute shall be considered a violation or breach of contract terms by the Engineer and
shall be grounds for termination. Any increased cost incurred by the City arising from
such termination shall be paid by the Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the
Engineer in the performance of this Contract.
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall
not constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of
their designs, working drawings, tracings, magnetic media and/or computer disks,
estimates, specifications, investigations, studies or other documents and work; nor shall
such approval be deemed to be an assumption of such responsibility by the City for any
defect, error or omission in the design, working drawings, tracings, magnetic media
and/or computer disks,.estimates specifications, investigations, studies or other'documents
prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer
shall indemnify City for damages resulting from such negligent defects, errors or
omissions and shall secure, pay for and maintain in force during the term of this Contract
sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with
certificates evidencing such coverage to be provided to the City. The redesign of any
defective work shall be the sole responsibility and expense of the Engineer. Any work
Page 5
constructed, found to be in error because of the Engineer's design, shall be removed,
replaced, corrected or otherwise resolved at the sole responsibility and expense of the
Engineer. The parties further agree that this liability provision shall meet the requirements
of the express negligence rule adopted by the Texas Supreme Court and hereby specifically
agree that this provision is conspicuous.
12. Indemnification. Engineer shall indemnify and. hold harmless the City of Coppell, its
officers and employees from any loss, damage, liability or expense, including attorney
fees, on account of damage to property and injuries, including death, to all persons,
including employees of Engineer or any associate consultant, which may arise from any
errors, omissions or negligent act on the part of Engineer, its employees, agents,
consultants or subcontractors, in performance of this Contract, or any breach of any
obligation under this Contract. It is further understood that it is not the intention of the
parties hereto to create liability for the benefit of third parties, but that this agreement shall
be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to the
Engineer's failure to perform in these circumstances, the City may withhold, to the extent
of such damage, Engineer's payments hereunder without waiver of any of City's
additional legal rights or remedies. The Engineer shall not be responsible for delays
associated with review periods by the City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer
and approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
Page 6
16. Quality Control. The Engineer agrees to maintain written quality control procedures.
The Engineer further agrees to follow those procedures to the extent that, in the
Engineer's judgment, the procedures are appropriate under the circumstances.
17. Ownership. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or
partially completed to the extent Engineer has been paid for services rendered, shall be the
property of the City to be used as City desires, without restriction; and Engineer
specifically waives and releases any proprietary rights or ownership claims therein and is
relieved of liability connected with any future use by City. Copies may be retained by
Engineer. Engineer shall be liable to City for any loss or damage to such documents
while they are in the possession of or while being worked upon by the Engineer or anyone
connected with the Engineer, including agents, employees, consultants or subcontractors.
All documents so lost or damaged while they are in the possession of or while being
worked upon by the Engineer shall be replaced or restored by Engineer without cost to the
City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall 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 impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking
to do business with the City of Coppell, loans, services, payments, entertainment, trips,.
money in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party
of any of its rights or remedies at law or contract.
Page 7
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local
laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any
courts, or administrative bodies or tribunal in any matter affecting the performance of this
Contract, including without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations.
When required, Engineer shall furnish the City with satisfactory proof of compliance
therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for
any reason be held invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions hereof and this Contract
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas
shall apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
•
Page 8
27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such
Party at the following respective addresses:
City: City of Coppell, Texas
VII k4— ism,Pe.
65 P LL'L'
Engineer:
_ Verdunity, Inc.
Kevin Shepherd, P.E.
1302 Andrew Ct.
Lewisville, TX 75056
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL ENGINEER:Verdunity,Inc.
BY: BY: ,�
i
City annagerU Kevin Shepherd, P.E., Principal
Date: / �/�L Date: Q/17/) 2i
ATTEST: ATTEST:
C r
A A 4. /Id
Page 9
(CORPORATE SEAL)
ATTACHMENT "A" BASIC SERVICES
The Engineer agrees to render services necessary for the development and completion the
Project as outlined herein. The Basic Services to be performed by Engineer under this
Contract include the following:
A. SCHEMATIC DESIGN
1. When requested by the City, the Engineer shall attend preliminary conferences with
authorized representatives of the City regarding the project and such other conferences as
may be necessary in the opinion of the City so that the plans and specifications which are
to be developed hereunder by the Engineer, will result in providing facilities which are
economical in design and conform to instruction from the City.
2. The Engineer shall attend such conferences with officials of other agencies including other
engineering and/or surveying firms under contract with the City, as may be necessary in
the opinion of the City for coordination of the proposed paving and related improvements
with the requirements of such other agencies. It shall be the Engineer's duty hereunder to
secure necessary information from such agencies.
3. The Engineer shall advise the City with regard to the necessity for subcontract work such
as special surveys, tests, test borings, or other subsurface investigations in connection with
design and engineering work to be performed hereunder. The Engineer shall also advise
the City concerning the results of same. Such surveys, tests, and investigations shall made
only upon authorization by and at the expense of the City.
4. During the schematic design phase the Engineer shall coordinate with all utilities as to any
proposed utility lines or the need for adjustment to the existing utility lines within the
project limits. The information obtained shall be shown on the schematic plans and
addressed in the schematic design report. The Engineer shall show on the schematic,
preliminary, and final plans the location of the proposed utility lines, existing utility lines,
and any adjustments and/or relocation of the existing lines based of information provided
by the respective utility company.
5. The Engineer shall provide necessary design field surveys for his use in the preparation of
plans and specifications. The Engineer shall also provide sufficient property surveys to
prepare the necessary right-of-way document and related exhibit for acquisition of right-of-
way with use of Engineer's documents.
Page 10
6. The Engineer shall supply construction plans to all utility companies, including but not
limited to franchised utilities and pipeline companies which have existing and proposed
facilities within the limits of the Project. The above mentioned construction plans shall
consist of the following: one set of schematic plans, one set of dated preliminary plans,
and, one set of dated and approved advertising (final) plans.
7. The Engineer shall furnish for City review two (2) copies each of the schematic
engineering plans at a scale of 1"=20' and a written report on the project in sufficient
detail to indicate clearly the problems involved and the alternate solutions available to the
City, to include layouts, preliminary right-of-way needs, opinion of probable cost for each
alternate proposed, and the Engineer's recommendation(s).
B. PRELIMINARY DESIGN
1. The Engineer shall meet with the City to discuss the schematic design plans and report,
and the Engineer will then proceed with preparation of the preliminary design of the
project incorporating all comments received from the City and agreed upon by both the
City and the Engineer into these plans.
2. The Engineer shall provide detailed design data, profiles, cross-sections where
appropriate, opinions of probable cost, and furnish two (2) copies of detailed preliminary
design plans for the project to the City for review. The Engineer shall indicate on the
plans the location of existing and proposed utilities and storm drains. Storm drainage
calculations shall also be provided on the drainage layout sheet in the plans.
3. After receipt of preliminary design review comments from the City, the Engineer shall
make all corrections noted and then commence preparation of the final design plans and
specification/contract documents.
C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E)
1. Incorporating all City review comments from the preliminary design submittal, the
Engineer will complete the final plans, prepare contract documents/specifications, and a
final opinion of probable cost for the authorized construction units. This shall include
summaries of bid items and quantities, but the Engineer does not guarantee that Contractor
bids will not vary from such opinion. Each of these items (2 copies each) shall be
submitted to the City for final approval.
Page 11
2. After receipt of final plan/specifications/contract documents review comments from the
City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of
contract documents and final bid plans to the City for distribution to Contractors for
bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal,
Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement,
Payment, Performance, and Maintenance Bonds, and all other required City Contract
forms.
3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or
as otherwise approved by the City Engineer, and shall become the property of the City.
City may use such drawings in any manner it desires provided, however, that the Engineer
shall not be liable for the use of such drawings for any project other than the project
described herein.
4. The Engineer shall determine the right-of-way and easement needs necessary for the
construction of the project and furnish same to City. The Engineer shall provide the
necessary land survey, Deed and Abstract Records search, right-of-way exhibit and
description of the single property parcel to be acquired for this project.
D. CONSTRUCTION ADMINISTRATION.
1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders
for required newspaper advertising --and place notice with Texas Contractor magazine and
Dodge Report.
2. The Engineer will attend a pre-bid meeting if deemed necessary by the City.
3. The Engineer shall assist in the tabulation and review of all bids received for the
construction of the improvements, and shall make recommendations to the City concerning
these bids. At any time during the construction of this project, the Engineer shall advise
on special review shop drawings required of the Contractor by the Construction
Contract(s). Such review shall be for general conformance with the design concept and
general compliance with the plans and specifications under the Construction Contract(s).
4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will
assist in the preparation of contract documents, including contract, performance, payment,
and maintenance bonds and all other related City forms required to initiate construction on
the project(s).
5. Engineer will arrange a pre-construction conference with City staff, Contractor(s), and all
affected utility companies.
Page 12
6. Engineer will provide periodic field representation and will monitor construction progress
as often as Engineer deems necessary. However, once every two (2) weeks the Engineer
shall attend a scheduled meeting with the project inspector and the Contractor(s) to discuss
the construction progress. A written report shall be provided to the City after each of
these bi-weekly meetings.
7. Engineer will consult and advise the City regarding the need for any contract change
orders and will prepare change orders as required for City approval.
8. Engineer will be available for interpretation of plans and specifications as may be required
by the Contractor(s) in the field.
9. The Engineer will, with assistance from the City Inspector on the project(s), prepare and
process monthly and final pay requests from the Contractor(s) to the City.
10.Engineer will provide, in conjunction with the City, a final inspection of the project and
provide a "punch list" of deficient items to the Contractor(s).
11. Engineer will revise construction drawings as necessary to adequately reflect any revisions
in the construction from that which was represented on the plans and/or specifications.
Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings"
within 30 days after the completion of the project including updated digital files of the new
construction for use in the City's computerized mapping system.
Page 13
FEE PROPOSAL
We are proposing to complete the work outlined above for a total fee of$67,695. Labor for
Basic Services will be invoiced on lump sum basis at the end of each billing period. Special
Services Labor and reimbursable expenses will be invoiced on a time and materials, not-to-
exceed basis using the rate schedule in this proposal. A more detailed breakdown of the Basic
and Special Services portions of the fee is shown below:
Task Fee
1.0 Project Management&Coordination $ 6,750
2.0 Survey(Boundary&Topo) $ 9,900
3.0 60% Design Submittal $17,285
4.0 90%Design Submittal $12,155
5.0 100% Design Submittal $ 6,105
Estimated Total- BASIC SERVICES $52,195
Task Fee
6.0 Construction Services $ 8,620
7.0 Public Involvement $ 1,180
8.0 ROW/Easement Acquisition ($650/parcel, 3 parcels) $ 1,950
Reimbursable Expenses (Printing, Mileage, Etc) $ 3,750
Estimated Total -SPECIAL SERVICES $15,500
BILLING RATE SCHEDULE(Effective Through December 31,2012)
Principal/Project Manager: $150
Sr. Engineer/QC: $125
Civil Engineer $110
Engineer In Training/Designer $ 90
CAD Technician: $ 75
Administrator/Clerical $ 50
Any expenses associated with additional services,excluding mileage,that are incurred (printing,
copying,etc.)will be invoiced at cost plus a 10%markup. Prior to beginning a task under
additional services,we will provide you with an estimate of hours and expenses based on our
understanding of the assistance being requested.