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ST0502-PR051210 Freese and N. h l lC 0 S,Inc. Engineers ~ros06B Envi ro n menta l Sci e nti sts Architects 1701 North Market Street, Suite 500 LB 51 Dallas, TX 75202 214920-2500 214920-2565 fax www.freese.com December 10, 2005 Ken Griffin, P.E. Oty of Coppell Director of Engineering and Public Works 255 Parkway Boulevard . P.o. Box 9478 CoppelL Texas 75019 RE: Engineering Services for Freeport Parkway From Ruby Road to SH-l2l '\ C_~ ti lAJ 0,,," M ~L lv12z Freese and Nichols, Ine. is pleased to submit 1his proposal for Professional Engineering Services for the proposed widening of Freeport Parkway form Ruby Road to Sandy lake Road and for the extension of Freeport Parkway from Sandy lake Road to SH-121. The following is a summary for the proposed engineering fee for the referenced project Basic Services /Design $ 747,185 Special,Services Survey Geotechnical Environmental Bid Phase Construction Phase Project Expenses Sub-Total Total $ 60,995 $ 24,200 $ 82,000 $12,904 $ 52,820 $ 115,639 $ 348,558 $1,095,743 , '\;:; ~\ f t;>;' , Included on the Freese and Nich~ls team are two well-qualified firms: Brittian & Crawford will provide aerial and topographic survey and KleinfelJer Ine. will provide the geotechnical investigation for the project These firms offer expertise in their field of service and prior experience working with Freese and Nichols, TxDOT, and local municipalities. We feel confident that the Freese and Nichols team will meet the Gty of Coppe1l's engineering needs and provide high quality service in a timely and mst-effective manner. If you have any questions upon review of this proposaL please call Tricia Hatley at (214) 217-2217. We look forward to continuing our working relationship with the Gty ofCoppell on this project. Sincerely, FREESE AND NICHOLS, INe. TriciaHatley, P.E. Principal-in-G1arge, Dallas Infrastructure 11anager DRAFT .. FREESE. NICHOLS SCOPE OF SERVICES FOR FREEPORT PARKWAY FROM RUBY ROAD TO SH-121 PROJECT DESCRIPTION The CITY is proposing to construct improvements to Freeport Parkway for Ruby Road to Sandy Lake Road and extending Freeport Parkway along a new alignment form Sandy Lake Road to SH-l21. Proposed Improvements include paving, streetscape, storm drain system, sanitary sewer, and water lines. The scope of work includes the design of a 4 lane divided roadway from approximately 800 feet north of Ruby Road to Sandy Lake Road. The replacement of the existing bridge and construction of two 2 lane bridges at Cottonwood Creek is included in the scope for this segment of roadway. A 6-lane divided roadway is proposed from Sandy Lake Road to SH- 121. This segment of the roadway is a new alignment through an existing piece of undeveloped land. The project includes a storm sewer system including cross culverts to facilitate drainage of the right-of-way and surrounding properties. The project also includes the design of a waterline north of Sandy Lake Road and a sanitary sewer line for the entire length of the project. The attached exhibits show the existing facilities and proposed improvements included in this project. The parameters for design of the improvements shall include the following: · This project will be designed according to TxDOT design procedures and requirements. The plans will be prepared per TxDOT design and drafting requirements and will be submitted to the City and to TxDOT for review. · FinaL plan size to be 22" x 34" for reproducible copies to 11" x 17". Scale of plans to be;,,!': ==-20' Horizontal; 1"-- = 4' Vertical · Driveway replacement to be made to the property line, unless grade changes in street necessitate more replacement. · A detour plan shall be prepared based on initial meetings with TxDOT. · A construction sequencing plan shall be considered for each area of construction. · All design work will be prepared in Microstation, with CD's to be furnished to the CITY upon completion of the ~-:-'i record drawings. · Prepare design summary report and schematic design in accordance with TxDOT requirements. · Prepare pavement design based on traffic projections provided by TxDOT. · Submittals to the CITY of work-in-progress shall be at 30%, 60%, 90%, and 100% stages for completion. For each stage of review, two (2) full size and two (2) half-size sets of drawings will be furnished to the CITY. · Standards and typical construction details of the CITY may be referred to in the specifications and on the drawings. · ~ The scope of work assumes that the bridge will be replaced. We will determine during the conceptual design phase whether the bridge needs to be rebuilt at a higher elevation and/or widened to accommodate the new roadway section. FNI will provide bridge and foundation design plans and specifications. The conceptual phase of the project will include review of the bridge plans to verify that the CITY is in agreement with the proposed improvements. This scope of work also includes design of erosion protection of the bridge structure and minor channel regrading regardless of whether the bridge is reconstructed or the existing structure is utilized. FNI shall perform the necessary engineering and related technical services for the Design, Bidding, and Construction Phase Services, including necessary Special Services for development of this project according to the following sections of this agreement. The scope is divided into three design phases including Conceptual, Preliminary and Final Design. Attachment "A" Page 1 of 10 TASK DESCRIPTIONS - SCOPE OF SERVICES A. ADVANCED PLANNING / SCHEMATIC 1. Pre-Design a. Kick-off Meeting - FNI will meet with the CITY and TxDOT to discuss the planning and the design criteria, schedule, procedures of communication, and submittal procedures. Other work and review meetings will be scheduled throughout the progress of the proj ect. b. Data Gathering - FNI will obtain from the CITY and TxDOT all available property plats, easements, street right-of-way widths, record drawings of the existing facilities, utilities and drainage systems, planning reports, traffic counts, zoning ordinances and other data that may be pertinent in considering the alignment, location, [mal design, and construction of the proposed improvements. c. Site Visit - Determine from a field reconnaissance of the project area the existing conditions of the project area incuding: 1. Locations of existing utilities - water, gas, electric, sanitary sewer, telephone, power poles, TV -cable, drainage facilities, traffic signalization controls, lighting system, etc. 11. Existing driveways iii. Availability of right-of-way IV. Access and convenience for construction operations v. Drainage structures VI. Landscape restoration V11. Proximity to private property improvements, i.e., fences, mail boxes, sidewalks, etc. d. Conduct one (I) public meeting to discus~!?e prl?J'S'sed project.with 1:l1e residents and - - -- -. --representatives.from -the -affeGtfJd 'fIWperty-owners to- gather data regarding-issues-and -- --.- - -- _.--, '.' ----- concerns. 3f\l 2. Environmental Assessment (EA) - FNI will prepare an EA for the expansion of Freeport Parkway, Coppell, Texas. The EA will be a separate, self-contained document, describing the project in sufficient detail to allow for review without reference to engineering plans or other documents. The EA format will follow the guidelines provided by Texas Department of Transportation, Dallas District. a. Conduct site visit. - FNI environmental scientists will conduct a site visit to make observations in the project area in order to describe the existing conditions (environment) and assist with assessing project impacts. b. TxDOT coordination - FNI will meet with the TxDOT environmental coordinator/reviewer to defme EA format scope and contents. c. Preparation of Drafts and Final EA. - FNI will prepare a draft EA following TxDOT guidelines. The draft EA will be submitted to the Owner for review prior to submitting it to TxDOT. FNI will incorporate the Owner's cOmInents into the EID and submit the revised document to the TxDOT. It is anticipated that several revisions will be required following the various levels of review (District, Environmental, FHW A) before the [mal EA is approved and a Finding of No Significant Impact (FONSI) is issued. 3. Schematic Design a. Aerial Survey- Attachment "A" Page 2 of 10 b. Concept Design - Develop a maximum of three concept plans based on the data gathered and survey information. The concept plans will address the roadway geometry, preliminary storm drain analysis and preliminary utility layouts. c. Schematic Design - Schematic Design shall be submitted to City in accordance with TxDOT requirements. FNI shall furnish eight (8) copies of the schematic design which includes layouts, preliminary right-of-way needs and cost estimates for FNI's recommended plan. 4. Survey - Survey and prepare a design/topographic survey map for the entire 7000 linear feet length of the project for width of 200 feet wide (100 feet on each side of the centerline) along Freeport Parkway from Ruby Road to State Highway 121. The design/topographic survey will indicate all surface features, spot elevations, one-foot contours, utilities, and protected trees 6 inches and larger in caliper (trees located only within the 60 foot each side of the centerline area. Topographic survey to extend to a 100 feet without trees.) Prepare 5 small right-of-way documents with iron rod comers on the new right-of-way lines and I large right-of-way document with iron rod comers on the right-of-way lines. Prepare slope, drainage, utility, and/or temporary construction easement documents. 5. Geotechnical Investigation - The Geotechnical investigation will provide recommendations for use during pavement and bridge design in general accordance with Texas Department of Transportation (TxDOT) requirements. The scope of work includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing design recommendations for the proposed roadway. This scope is discussed in detail below. Field Exploration · Contact the Texas One Call system to locate buried utilities within existing easements and right-of-ways · Drill 4 borings to a minimum depth of 40 feet and a maximum depth of 70 feet for the new ----.-... ._...bridgfk.. BJlrjn.gs wi[LbJ~_Jocated to._pro.Y.i.de....Qoe.b.oring at each abutinenLand.. bofhJnterioL _ ". bents · Drill 14 borings to a depth of 20 feet along the roadway. Borings will be spaced to provide one boring approximately every SOO-linear-feet. Boring locations will be adjusted so that one boring will be at each of the two proposed culverts. · Obtain relatively undisturbed thin-walled tube samples and standard penetration test samples as appropriate for the soils encountered · Obtain NIX-size core samples if rock is encountered for the bridge borings. Texas Cone Penetrometer tests will be performed every five feet within the bridge borings as required for the TxDOT design methodology. Rock coring and cone penetrometer tests will not be performed for the pavement/culvert borings. · Observe and record groundwater seepage during drilling and at completion and record level. When possible, water levels will be recorded the next day. · Backfill boreholes with cuttings upon completion. In areas where existing pavement is penetrated, the pavement surface will be patched with an asphalt-patching compound. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests include · Atterberg limits (liquid and plastic limits, 24 tests maximum) · Percent passing No. 200 sieve (24 tests maximum) Attachment "A" Page 3 of 10 · Unit dry weight and moisture content (30 tests maximum) · Unconfmed compressive strength (30 tests maximum) · Swell at overburden (2 tests maximum) · Soluble Sulfates (14 test maximum) Engineering Analvsis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes · Plan of borings illustrating the approximate location of each boring · A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information · Description of the field exploration and laboratory testing · Summary of laboratory test results · Discussion of subsurface soil and groundwater conditions · General discussion of the site geology · Calculated potential vertical rise (PVR) · Recommendations for foundation type, depth, and allowable loading for the bridge and culverts · Recommendations for backfill · Recommended lateral earth pressure v~~l;les __ ._.u, __ .Reco~~;-&ii~IJ:~-for pr~arati~n ~i th~-p~~~~~ ~ub~~d~~~~iuding a dis~u~~i~~~filie p~tential for sulfate-induced heaving of soil treated with calcium-based stabilizers · Recommended rigid pavement thickness. The thickness will be calculated using the current TxDOT Pavement Design Manual methodologies provided that the equivalent 18-kip single axle loads (ESAL) value calculated by TxDOT is available. Otherwise, the City's standard pavement section will be used. · Earthwork recommendations B. DESIGN PHASE 1. Design plans and specifications shall be prepared and submitted to the CITY and TxDOT after approval of the Concept and Schematic drawings. Engineering plans will be prepared in accordance with TxDOT standards and submitted at 30%, 60%, 90%, and 100% levels of completion. 2. Prepare two layouts or options and typical cross-sections for the design of the bridge. Prepare a preliminary opinion of construction cost estimate for each bridge option. Provide information regarding environmental permitting that may be required due to the bridge construction. 3. FNI will submit the preliminary project plans to the CITY's reviewer for TAS/ADA review. FNI will prepare the application and make the submittal. It is assumed that the CITY will provide a check for the fee based on the construction cost per the submittal requirements. FNI will address comments from the review and revise plans if necessary. 4. Prepare an "Opinion of Probable Construction Costs" and submit to the City with each submittal. Attachment "A" Page 4 of 10 5. FNI shall meet with the CITY up to five (5) times during this phase to discuss the design of the project. 6. Attend one (1) public meeting to discuss the project with the residents. 7. Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas, telephone, and electric) locations and depths. 8. Submit appropriate number of copies of the plans to the utility companies for review and comment at the 30% and 90% design levels. 9. Prepare fmal bid schedule, special conditions, technical specifications, proposal, and contract documents. 10. Upon approval of the Schematic Engineering Plans, FNI will prepare the following design drawing for submittal to the City and TxDOT: a. Horizontal and vertical control plan that locates all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Additional Names) along with property ownership shall be provided on the plan view. b. Roadway plan and profile sheets showing curb lines, driveways, sidewalks, elevations at all PVI's and PI's: high and low points, vertical curve information, and pertinent AASHTO calculations. Existing found property comers (e.g. iron pins), along the existing right-of-way shall be shown on the plans. c. FNI will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the site. A drainage area map will be prepared from available contour maps. Calculations regarding street and right-of-way capacities and design discharges as applicable at selected critical locations will be provided. .-- ,:["-Prepare- culvert layout sheets and associateddf:tails for two box culverts. e. Prepare bridge layout sheets, including abutments and associated details. f. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. FNI will coordinate with utility companies and the CITY to ascertain what, if any, future improvements are planned that may impact the project. g. Prepare a construction sequencing plan that identifies the phasing of the project including allowable lane and/or street closures. h. Prepare a Storm Water Pollution Prevention Plan (SW3P) in accordance with the CITY ordinances; TCEQ guidelines, and/or Federal requirements. 1. Prepare fmal cross-sections on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be I" = 20" horizontal and I" = 4' vertical with cross sections plotted with stationing from the bottom of the sheet. Excavation and embankment volumes and end area computations shall also be provided. J. Identify, review, and include all TxDOT standard details that are relevant to the project. II. The following is an anticipated sheet list required for the project: Sheet Quantity Title Sheet I Project Index 1 Attachment "A" Page 5 of lO Project Layout Typical Section General Notes Summary Sheets Phases Narrative Phase Layouts Standards Removal Sheets Plan & Profile Sheets Driveway Details Cross Street Profiles Standards Drainage Area Map Hydraulic! Hydrologic Data Culvert Layouts Plan & Profile Standards Bridge Details Utility Layout Proposed Utilities P&P City Standards SWPPP Erosion Control Plan Details Illumination Signing . Signal ModificatlOns Pavement Markings Standards Cross Sections Total = 2 2 2 10 2 12 20 4 14 2 2 10 1 3 3 14 20 12 2 7 2 4 4 4 4 4 4 4 40 50 266 c. Bid Phase 1. All plans, specifications, and bidding documents will be distributed from FNI's office. Payment for the plans, specifications, and bidding documents will be retained by FNI. 2. Assist CITY by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders, if necessary. 3. Attend a pre-bid conference, as directed by the CITY. 4. Assist the CITY in securing, opening, tabulating and analyzing the bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selective plan rooms. Provide a copy of the notice to bidders for CITY to use in notifying construction news publications and publishing appropriate legal notice. The cost of publication shall be paid by the CITY. FNI will furnish recommendations on the award of the contract based on the lowest qualified bidder. FNI will develop a complete bid tabulation package. D. Construction Phase - Upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect CITY 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, Attachment "A" Page 6 of 10 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. FN1 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. If general conditions other than FN1 standards are used, the CITY agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their sub consultants on this project to be listed as an additional insured on contractor's insurance policies. I. Attend Pre-Construction Conference with the CITY, the Contractor, and other interested parties to discuss the total work program and schedule, procedures of communication, special concerns, coordination with others, additional surveys, field testing and inspections, assignment of personnel, and any other matters that may have a direct or in-direct effect upon the completion and results of this improvement program. 2. Attend one (1) public meeting to introduce the Contractor to the residents and discuss the construction schedule. The meeting will provide the residents with contact information and allow them to ask questions regarding the construction activities. 3. Provide baseline control staking such that the Contractor(s) can establish horizontal and vertical alignments per the drawings. 4. Make UP TO twelve (12) visits to the site. During these visits, FN1 design team staffwill observe the progress and the quality of work and attempt to determine in general if the work is proceeding in accordance with the construction contract documents. FNI will provide written documentation to the CITY of the site visit with observations of work and/or any concerns. In this effort FNI will endeavor to protect the CITY against defects and deficiencies in the work of the Contractor and will report any observed deficiencies to the CITY. Visits to the site in excess of the specified number are an additional service. - - ---------5.- Review shop and working drawings and other project related submittals fumishedby-the Contractor, . . ... ._.___...... ___ Notify the CITY of non-conforming work observed during 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. Rebar shop drawings will not be reviewed, they will be used for "RECORD DATA" purposes only. 6. Interpret the drawings and specifications for the CITY and Contractor. Investigations, analyses, and studies requested by the Contractor and approved by the CITY, for substitutions of equipment and/or materials or deviations from the drawings and specifications are an additional service. 7. 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 CITY 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 CITY if appropriate. Providing these services to review or evaluate construction contractor claim(s) supported by causes not within the control ofFNI are an additional service. 8. Attend, in the company of the CITY, a fmal review of the Project for conformance with the design concept of the project and general compliance with the construction contract documents. Review and comment on the certificate of completion and the recommendation for fmal payment to the Contractor. Visiting the site to review completed work in excess of two trips is an additional service. Conduct a fmal review of the Project in company with the Contractor and the CITY's representative. 9. Revise contract drawings from information furnished by the Contractor and Resident Project Representative, and provide one (1) Mylar set of Record Drawings to the CITY. Record drawings will be submitted in . tif me format along with an AutoCAD 2006 format of the plans on CD or disk. Attachment "A" Page 7 of 10 E. Additional Services - The following services are beyond the scope of basic services described in the tasks above. However, FNI can provide these services, if needed, upon the CITY's request. Such services will be provided in accordance with the rates presented in ~'III. 1. Prepare images to be used for public meeting and City Council presentations. 2. Prepare Federal Emergency Management Agency (FEMA) LOMR submittal to modify the FIRM maps to reflect the project's construction. 3. Conduct additional public meetings. The CITY may decide that additional public meetings are necessary to assist with project relations or for informational purposes. 4. Environmental Permitting a. Preparation of a 404 permit application for an individual permit. b. Preparation of applications for other permits that may be identified by the study. c. Detailed wetland delineation of large, complex wetlands. d. Archeological and historical properties investigations. e. Surveying of water bodies by a Registered Public Land Surveyor. f. Preparation of a compensatory mitigation plan. 5. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 6. Preparing data and reports for assistance to CITY 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. 7. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with - --COntraGtor{s)-;..' -. ___" _ ._-_~ _ L'~~'" .~~__ -__._:._~___._ _.om,..-. _..~__.. _._~_. _ "._ ____ _ '.. ._~_..,.......--_,._,,__.___ 8. Assisting CITY 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. 9. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. 10. 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. 11, Services required to resolve bid protests or to rebid the.projects for any reason. 12. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. 13. 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. 14. Providing services after the completion of the construction phase not specifically listed in Article I. 15. 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 CITY. 16. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Attachment "A" Page 8 of 10 17. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. 18. Additional EA Services: a. Public Hearing. If required by TxDOT, FNI can assist the City with holding a Public Hearing by preparing public notices, submitting notices to local newspaper(s); providing verbatim transcript services, and incorporating the hearing record into the EA. b. Presence/absence surveys for federally listed threatened/endangered species. c. Preparation of an individual 404 permit application, Letter of Permission, preconstruction notification (PCN), or jurisdictional determination report for the U. S. Army Corps of Engineers. d. Additional field investigations or analysis required to respond to public or regulatory agency comments, including additional data requests, schematics or drawings of project features. e. Preparation of mitigation plans for compensating for environmental impacts. f. Preparation ofl'PDES discharge permit(s). g. Consultation with the U. S. Fish and Wildlife Service under Section 7 of the Endangered Species act. h. Expert representation at legal proceedings or at contested hearings. 1. Archeological/cultural resource investigations. J. Mitigation monitoring if required by permit conditions. k. Monitoring compliance with permit conditions. F. Responsibilities of Owner - OWNER shall perform the following in a timely manner so as not to delay the services ofFNI: 1. Designate in writing a person to act as OWNER's representative with respec~ to the services to he rendereduooer-this-AGREEMENT. Such person shall have contract authority to transmit instreetiens,. .. ",,-u ....,. ".. receive information, interpret and defme 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 Attachment "A" Page 9 of 10 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, ifFNI 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 as defmed in Attachment SC, Article I, C, 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 fmal payment inspections. II. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing ofFNI'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 Attachment XX of this AGREEMENT or other services as required. Attachment "A" Page 10 of 10