R2011-097 - 2011-08-22BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the
Unidirectional Flushing Modeling Project, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for design services associated with the
Unidirectional Flushing Modeling Project.
PASSED, APPROVED and ADOPTED this the 22 day of August, A.D., 2011.
ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE UNIDIRECTIONAL FLUSHING MODELING
PROJECT.
gan
YO G LOR
CI SECR 'ARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -97
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2011 -97
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on August 22, 2011 by and between the City of Pearland
( "CITY ") and Freese and Nichols, Inc. ( "CONSULTANT ").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Unidirectional Flushing Program Expansion — Area 4 ( "PROJECT ").
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall perform engineering design and modeling, as well as
implementation support and other reimbursable work as specified. See Exhibit A,
attached, for a detailed SCOPE OF WORK.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non -owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and/or reduced in
coverage or in limits ( "Change in Coverage ") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon successful implementation of
the designed program.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is payment by installments. Total
compensation for the services performed shall not exceed $65,000.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to approval of the preliminary design N/A % plans, payments to
the CONSULTANT shall not exceed N/A % of the total CONTRACT
amount.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed N/A % of the total CONTRACT
amount. The final approval and payment will be made within a reasonable
period of time regardless of the project construction schedule.
3. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 90 % of the total CONTRACT amount prior to submittal of
the final report deliverables.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
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CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub - consultant(s) or in any way affect the CONSULTANT's status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 11200 Broadway, Suite 2332; Pearland, Texas
77584. Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15 day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
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F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CON'T'RACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI — ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this K),. day of S IS-V- , 2011.
P1
Bill Eisen, City Manager Ron Bavarian, Associate
CITY OF PEARLAND, TEXAS CONSULTANT
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ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
Phase 4 Expansion of City's Unidirectional Flushing Program
PHASE I: Unidirectional Flushing Pilot Program
FNI shall render the following professional services in connection with the development of a
Unidirectional Flushing Program for the area shown in EXHIBIT A.
Task 1. Data Collection and Inventory Process
A. Kickoff Meeting and Obtain Physical and Operational Data:
o GIS and printed records on fire hydrants, in -line valves, and pipe sizing for all lines in study area.
o Most current Water System Master Plan
o Current flushing procedures if available
o Chlorine residual data for the study area
o Record of customer complaints
o Most current Water System Model
o Recent SCADA data
o Pressure Plane Valving
o Operational condition of all hydrants and valves in flushing area
o Consumption data for flushing areas
B. Verify Data and Perform Quality Control: All physical data within the flushing areas should be field
verified and updated in GIS. The City will update the GIS and provide the updated data to FNI. This
data will be used in the water model and in developing the flush groups and flush sequences.
Task 2. Develop Flushing Sequences
A. Determine Flushing Groups: Divide the project area into Flushing Groups. Delineate the groups
considering crew size, duration of flushing, equipment availability, and location of water sources.
B. Develop Flushing Sequences: Develop an initial program of flushing sequences for each flushing zone.
The flushing sequences will include instructions on valve closing, hydrant opening, approximate
flushing durations and the order of the flushing operations. The selected valves and fire hydrants will
allow for the systematic and sequential cleaning of the system —from the source towards the end of the
system. 11 "x17" system maps will be developed for each flushing sequence within each flush group.
Task 3. Use Updated H2OMap Water model to test Flushing Sequences for Adequate Scouring Velocities
A. Field Testing and Model Calibration: FNI will conduct limited field testing and utilize this data along
with SCADA data and updated water usage information to calibrate the model for each of the Flushing
Areas. This will include setting pressure recorders during testing period.
B. Check Flushing Sequences with H2OMap Model: FNI will add necessary 6 -inch and 8 -inch lines to the
H2OMap Water Model. FNI will utilize the H2OMap water model to review and check flushing
sequences to ensure hydrant flows attain velocities of a minimum 5 ft/s for adequate scouring, while
minimizing pressure drops.
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Task 4. Develop Flushing Procedures and Tracking System
A. Prepare UDF Map Book: Provide the City with 4 copies of the unidirectional flushing procedures and
field map book, which includes 11x17" sequence maps, instructions and customized data sheets.
B. Prepare Tracking Program Sheets: Prepare customized excel -based tracking program data sheets
utilizing water model results to record flushing operation and information needed by utility operations.
City will receive the Tracking Program electronically.
Task 5. FNI Assistance During Implementation of UDF Program
A. Meet with City to Review Map Book and Schedule UDF Program: FNI will meet with City to review
UDF Map Book and Tracking Sheets. City will review and customize to City of Pearland requirements.
Meet with City to schedule unidirectional flushing program. Discuss potential problems and advertising
of program to affected area. Methods of advertising to citizens can be but are not limited to:
o Place a link on City's website
B. Provide On -site Assistance for UDF Program: Provide one (1) Freese and Nichols technician to assist
operations staff full -time and provide training for the program during first pass of the unidirectional
flushing program. Furnishing of equipment by ENGINEER to be used during flushing, i.e. diffuser,
pitot tubes, dechlorination, etc. is not within this scope of work.
C. Obtain Results of UDF Program from City: Obtain changes in flushing sequences, valve operation, and
flushing times for UDF Map Book modifications.
D. Revise Field Map Book & Provide City with Final Field Map Book: Utilize City- provided mark -ups of
map book and tracking data sheets to update flushing sequences in field map book and flushing
procedures. Provide the City with 5 copies of the final field map book with unidirectional flushing loops
and sequences and tracking program.
E. Prepare UDF Technical Memorandum of Findings: Prepare a Unidirectional Flushing Program technical
memorandum summarizing historical water quality results, UDF program development process, volumes
of water used during program and benefits of program. FNI will conduct a presentation to the City
Council regarding the UDF program and its benefits to the City.
PHASE II: Water Distribution System Modeling Analysis
FNI will use the City's H2OMap water model to analyze the water flow pattern and water age for the area of the
City's distribution system shown in EXHIBIT A.
A. Calculate Population and Refine Water Demand for the Study Area: FNI will calculate the population for
the study area by lot counts and make revisions to the water demands and diurnal curve to match the
demand and 24 hour diurnal curve for existing demand conditions.
B. Meet with Operations Personnel: FNI will meet with operations personnel to discuss how tank levels
and pumps are operated on normal basis and also what operational steps are taken to alleviate problems
such as tanks getting low or tanks needing to be cycled. FNI will also observe what SCADA data is
available.
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C. Adjust Demand Allocation and Operating Conditions in H2OMap Water Model: FNI will input the new
demands into the City of Pearland's existing EPS model run and adjust the allocation of these demands
and operating conditions to match existing conditions for the study area. FNI will create a new EPS
modeling run using these updated conditions. Using this new EPS modeling run, FNI also will conduct a
water age analysis of the study area and recommend distribution system improvements to improve the
water age. FNI will run another water age analysis with the improvements installed into the model run.
D. Prepare Water Age Maps and Meet with City to discuss Results: FNI will meet with the City of
Pearland to discuss and review the analysis results and findings. FNI will provide the City maps of the
study area with the resulting flow patterns and a water age contours for the study area before and after
recommended system improvements.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are
not included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right -of -way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof,
or to verify the accuracy of drawings or other information furnished by OWNER.
F. Providing renderings, model, and mock -ups requested by the OWNER.
G. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by OWNER or 2) due to other causes not
solely within the control of FNI.
H. Providing consultation concerning the replacement of any Work damaged by fire or other cause during
the construction, and providing services as may be required in connection with the replacement of such
Work.
I. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of force
account construction performed by OWNER.
J. Preparing applications and supporting documents for government grants, loans, or planning advances
and providing data for detailed applications.
K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of
equipment at any site remote to the project or observing tests required as a result of equipment failing the
initial test.
L. Conducting pilot plant studies or tests.
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M. Preparing Operation and Maintenance Manuals or conducting operator training.
N. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and
preparations therefore before any regulatory agency, court, arbitration panel or mediator.
O. Furnishing the services of a Resident Project Representative to act as OWNER's on -site representative
during the Construction Phase. The Resident Project Representative will act as directed by FNI in order
to provide more extensive representation at the Project site during the Construction Phase. Through more
extensive on -site observations of the work in progress and field checks of materials and equipment by
the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project
Representative is subject to the provisions of Article I, D and Attachment RPR.
If OWNER provides personnel to support the activities of the Resident Project Representative who is
FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such
personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before
the services of such personnel are begun. It is understood and agreed that such personnel will work
under the direction of and be responsible to the Resident Project Representative. OWNER agrees that
whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his
opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
P. Furnishing Special Inspections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual
work item, and they are in additional to General Representation and Resident Representation services
noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an
Additional Service.
Q. Preparation of Conformed or "As Bid" plans and specifications for use during the construction phase.
These documents shall involve the incorporation of addenda items into the Contract Documents through
modification of the electronic files and reprinting of the plans and specifications inclusive of the
incorporated changes.
R. Assisting OWNER 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 Contractor(s).
S. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
T. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this AGREEMENT.
U. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and
other assistance required to address environmental issues.
V. Performing investigations, studies, and analysis of work proposed by construction contractors to correct
defective work.
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W. 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.
X. Services required to resolve bid protests or to rebid the projects for any reason.
Y. 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.
Z. 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.
AA. Providing services after the completion of the construction phase not specifically listed in Article I.
BB. Providing basic or additional services on an accelerated time schedule. The scope of this service include
cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or
reproduction costs directly attributable to an accelerated time schedule directed by the OWNER.
CC. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due
to the presence of hazardous substances in any form.
DD. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are
supported by causes not within the control of FNI.
EE. Providing value engineering studies or reviews of cost savings proposed by construction contractors after
bids have been submitted.
FF. Preparing statements for invoicing or other documentation for billing other than for the standard invoice
for services attached to this professional services agreement.
GG. Provide follow -up professional services during Contractor' s warranty period.
HH. Provide Geotechnical investigations, studies and reports.
ARTICLE II1
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services called for in Article I within 120 calendar days.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent
with the number of days of delay. These delays may include but are not limited to delays in OWNER or
regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These
delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in
Attachment CO.
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ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to
delay the services of FNI:
A. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions,
receive information, interpret and define OWNER's policies and decisions with respect to FNI's services
for the Project.
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.
B. Provide FNI with accurate updated GIS map of the distribution system within the study area. OWNER
will update in GIS any field changes found by the City's operations crews. FNI will use these updated
maps to develop their UDF program.
C. Provide FNI with the City's most current updated H2OMap Model with a calibrated extended period
simulation model run. FNI will use this model in PHASE II of the contract.
D. Provide at least 1 (one) field crew during initial implementation of UDF program.
E. 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.
F. 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.
G. 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.
H. 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.
I. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to
borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or
arrange to have made the interpretations of data and reports resulting from such investigations. All costs
associated with such investigations shall be paid by OWNER.
J. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as OWNER may require or FNI may reasonably request with
regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used
the moneys paid under the construction contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their furnishing and performing the work.
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K. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project
Representative service so the Bidders can be informed.
L. 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 defined in Attachment SC, Article I, C,
together with such adjustment of compensation as appropriate.
M. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other
job related meetings and substantial completion inspections and final payment inspections.
N. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services, or any defect or nonconformance of the
work of any Contractor.
O. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this
AGREEMENT or other services as required.
P. Bear all costs incident to compliance with the requirements of this Article IV.
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative - Danny Cameron, 3519 Liberty Dr. Pearland, Texas 77581; Phone 281 -652-
1900
FNI's Client Representative — Mehran (Ron) Bavarian, 11200 Broadway Street, Suite 2332 Pearland, Texas
77584; Phone 832 - 456 -4700; Fax 832 - 456 -4701; e -mail mb@freese.com
FNI's Project Manager — Richard Weatherly, P.E., 11200 Broadway Street, Suite 2332 Pearland, Texas 77584;
Phone 713 - 600 -6824 Fax 832 - 456 -4701; e-mail raw @freese.com
FNI's Accounting Representative —Judy Blair, 11200 Broadway Street, Suite 2332 Pearland, Texas 77584; Phone
832 - 456 -4700 Fax 832 - 456 -4701; e-mail jfb @freese.com
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COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be the lump sum of $65,000. 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 Attachment SC, FNI will notify OWNER for OWNER's
approval before proceeding. Additional services shall be computed based on the Schedule of Charges.
B. Schedule of Charles for Additional Work: SEE ATTACHED
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ATTACHMENT CO
SCHEDULE OF CHARGES
Expansion of Unidirectional Flushing Program Phase 4
POSITION RATE
PRINCIPAL 225
GROUP MANAGER 190
SR. PROJECT MANAGER 185
PROJECT MANAGER 130
SENIOR ENGINEER 145
ENGINEER (PE) 120
ENGINEER (EIT) 95
SENIOR HYDROLOGIST 145
HYDROLOGIST 120
SR. CONSTRUCTION MANAGER 185
CONSTRUCTION CONTRACT ADMINISTRATOR 160
RESIDENT CONSTRUCTION INSPECTOR 80
GIS ANALYST 95
DESIGNER 110
SR. CAD TECHNICIAN 80
CAD TECHNICIAN 70
CONTRACT / OPERATIONS ANALYST 95
ADMINISTRATIVE ASSISTANCE 70
CO -OP / INTERN 60
The individual salaries will be adjusted annually.
EXPENSES
Plotting Printing
Bond $2.50 per plot Bluelines/Blacklines $0.14 per square foot
Color $5.75 per plot Offset and Xerox Copies/Prints
Vellum $5.00 per plot Black & White $0.10 per single side copy
Mylar $5.00 per plot Black & White $0.20 per double side copy
Color $0.50 per single side copy
Color $1.00 per double side copy
Binding $5.75 per book
Travel
IRS approved rate
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside
printing and reproduction expense, communication expense, travel, transportation and subsistence
away from Pearland, and other miscellaneous expenses directly related to the work, including
costs of laboratory analysis, tests, and other work required to be done by independent persons
other than staff members.
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