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HomeMy WebLinkAboutResolution - 2011-R0249 - Contract - Freese And Nichols Inc.- Facility Assessment And Design, Pump Station - 06/09/2011asolution No. 2011—RO249 ane 9, 2011 Lem No. 5.11 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I THAT the Mayor of the City of Lubbock is hereby authorized and directed to ecute for and on behalf of the City of Lubbock, a Contract for facility assessment and Wliminary design of the Low Head B pump station, by and between the City of Lubbock d Freese and Nichols, Inc. of Fort Worth, Texas, and related documents. Said Contract attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on .lune 9, 2011 TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operation!s Officer APPROVED AS TO FORM: ��-6 Chad Weaver, Assistant City Attorney vwxedocs/RES.Contract-Freese & Nichols, Inc. June 1, 2011 Contract. 10293 Resolution No. 2011-RO249 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement"), effective as of the 9th day of June , 2011 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., ("ENGINEER") a Texas professional corporation authorized to conduct business in Texas. WHEREAS, the City desires to obtain professional engineering services related to the Facility Assessment and Preliminary Design of the Low Head B Pump Station (the "Activities"); and WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering services related to the Activities and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 185 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. The term may be extended by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Tasks A through C based on hourly rates set forth in Exhibit "A", not to exceed $378,200. FNI Professional Agreement Page 1 of 16 ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it by this Contract, at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to FNI Professional Agreement Page 2 of 16 indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of ENGINEER's failure to perform this duty. ARTICLE V. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Facility Assessment and Preliminary Design of the Low Head B Pump Station, as defined in Exhibit "A," "Scope of Work". ARTICLE VI. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or subeonsultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VII. INSURANCE Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: FNI Professional Agreement Page 3 of 16 Commercial General Liability: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto $1,000,000 $1,000,000 $ 500,000 Per Occurrence Engineer shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. . The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE VIII. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Subconsultants. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, F'NI Professional Agreement Page 4 of 16 for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE X. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XI. COMPLIANCE WITH APPLICABLE LAW'S ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. ENGINEER 's Address. ENGINEER 's address and numbers for the purposes of notice are: FNI Professional Agreement Page 5 of 16 Freese and Nichols, Inc. Attn: Nick Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Telephone: (817) 735-7300 Facsimile: (817) 735-7491 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin, P.E. P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775 — 2342 Facsimile: (806) 775 - 3344 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. CITY -PROVIDED DATA City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XIV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the City. FNI Professional Agreement Page 6 of 16 E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. I. Entire Agreement. This Contract, including Exhibits "A," attached hereto, contains the entire Contract between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by ENGINEER as part of the Services hereunder, shall become the property of the City when ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and ENGINEER. FNI Professional Agreement Page 7 of 16 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: CP-J�' -d . V Rebacca Garza, City Secret APPROVED AS TO CONTENT: MI)IJr Mars a Reed, P.E., Chief Ope sting Officer Turpin, P.E. 1ief Water Utilities Engineer ,77 APPROVED AS TO FORM: 1 4AmyS'slst i omey FREESE AND NICHOLS, INC. By: "116� Name: Russell Gibson, P.E. Title: Principal FNI Professional Agreement Page 8 of 16 Resolution No. 2011—RO249 EXHIBTI' A Low Head B Pump Station Phase 1— Facility Assessment and Preliminary Design Scope of Work for Freese and Nichols, Inc. The Low Head B Pump Station (The Project) includes a detailed study of the pump station. Phase I of The Project is intended to determine the general condition of the existing pump station and review the hydraulics, to allow the City of Lubbock (The Owner) to proceed with necessary improvements or replacement of the station. The existing pump station was built in the early 1960's and has hydraulic and electrical limitations. The primary objective of Phase 1 of the study is to determine the following items for the proposed system: 1. Perform preliminary hydraulic review of the existing system 2. Perform limited hydraulic modeling of the Low Head B PS piping (including the incoming Baily County Line and outgoing two 24 -inch pipelines to Pump Station Number 7) 3. Perform limited structural, electrical and mechanical evaluations of the existing pump station 4. Perform asbestos survey and mitigation plan 5. Perform environmental review of the existing information provided for the soil contamination 6. Evaluate five alternatives of pump station rehabilitation or pump station replacement 7. To Identify Permitting Requirements for the Pump Stations 8. Provide a preliminary design of the facilities for the chosen alternative, including the following: a. Initial and final pump station capacity, number of pumps, type of pumps b. Pump Station site layout including pipelines, valves, and meters c. initial investigations of the existing power supply d. Stand-by diesel generator e. Preparation of a Conceptual Design Report for Phase 1. BASIC SERVICES: FNI shall render the following professional services in connection with Phase 1 of The Project: A.GENERAL 1. Kick -Off Meeting: Hold a kick-off meeting with the Owner to discuss scope, schedule and data requirements. We will establish hydraulic criteria, modeling scenarios, and assessment requirements. Possible criteria for the project include the following: a. Construction Costs Estimates b. Life Cycle Cost c. Building Permit Issues d. Environmental Permitting Issues (asbestos and soil) e. Phasing and Capacity for proposed facilities f. Scenarios to be modeled g. Discuss planning periods and operating conditions (average day, max Day, etc.) FINI Professional Agreement Page 9 of 16 2. Obtain Data: FNI will obtain and review available data including: a. Existing pump station drawings b. Aerial photography from the City of Lubbock GIS system c. USGS digital contour maps ( Where available) d. Geologic and soil mapping e. Obtain Property maps from local appraisal districts f. City mapping including master thoroughfare plans, utility maps, street maps, property maps, aerial photography, and contour maps where available. City of Lubbock will assist FNI in the collection of these maps if requested by FNI. g. Flood mapping h. Utility mapping where available i. Mapping of onsite piping and tie-ins j. Geotechnical reports k. Hydraulic model of City's water distribution system 3. Meetings and Communications: FNI will attend up to four meetings with the Owner to discuss the project. FNI will prepare monthly reports to discuss the status of the project, coordination items, completed tasks, and upcoming tasks. FNI will attend one meeting with the power utility providers. &FACILITY ASSESSMENT AND ALTERNATIVES EVALUTION Onsite Assessment: FNI will perform an onsite review of the existing pump station and review with engineering, operations and maintenance staff to discuss operations issues, maintenance issues, and necessary improvements. FNI will evaluate the existing Low Head B Pump Station for the following: a. Structural — Visual review of overall building condition, the bridge crane, and review any cracked piping. b. Electrical — Review general condition all of the existing electrical equipment including the incoming electrical service and associated transformer yard and the existing motors. c. HVAC — Review all of the HVAC Equipment including, but not limited to fans, louvers, air conditioner units and heater units. d. Pump — Review pump hydraulics provided by City of Lubbock from existing SCADA data and existing pump test data e. Pipe — Review piping and valve arrangements FNI will make two, two-day site visits to look at the facilities and interview the staff. 2. Model / Hydraulic Review: FNI has been provided two models to date: a 2007 WaterGEMS calibrated average day model (average day demand conditions only) and a separate H2ONet model that contains 2020 runs for average day, maximum day and maximum hour demands (no existing system runs). Neither model contains any facilities representing the Low Head B Pump Station, nor is either model tied directly to the GIS. FNI will utilize the 2007 model for all analysis, and all modeling will be conducted for steady state conditions. FNI will perform the following task: FNI Professional Agreement Page 10 of 16 a. FNI will add the Low Head B Pump Station pumps and yard piping, along with the transmission line and control valves from the Bailey Well Field supply, to the 2007 water system model from plans from the City. b. FNI will update the model to include all 10" and larger lines not currently included in the model from GIS. c. FNI will review SCADA information, including but not limited to the Bailey Well Field distribution system information and tanks receiving supply from the Bailey Well Field, to understand system operation and constraints. d. FNI will scale the average day demands in the model up to represent maximum day demand conditions. FNI will revise the controls (initial status) on pumps at pump stations to represent maximum day operating conditions. The current controls/initial status on pumps are for average day demands only. e. FNI will conduct maximum day demand modeling for existing system conditions, using the City's 2007 model, based on current and future supply needs to Pump Station #7 from the Bailey Well Field. The following alternates will be modeled: i. Rehabbing or replacing Low Head B Pump Station for current head/capacity configuration ii. Combining Low Head B and Pump Station 9 into one facility iii. Redesigning Low Head B Pump Station for alternative head/capacity configurations using existing system transmission line configuration iv. Redesigning Low Head B Pump Station where both pipes are allowed to gravity flow to Pump Station #7 f. FNI will evaluate the feasibility of adding a third parallel line from Low Head B Pump Station to Pump Station 7 and utilize the model to determine maximum flow rates assuming gravity flow (abandonment of Low Head B P.S.) under average day and maximum day demand conditions. 3. Asbestos Inspection. An asbestos survey will be performed on the pump station by licensed Texas Department of State Health Services to inspect and sample the facility. The following task will be performed: a. Conduct sampling of each suspect material in a random manner to accordance with TDSHS recommended protocol. b. Quantify materials in a homogenous area c. Review any existing asbestos surveys or inspections d. Analyze all samples using Polarized Light Microscopy using EPA Method 600 e. Provide information describing all local, state, and federal government laws as they apply to ACBM. f. Provide homogeneous area report that includes asbestos containing building materials (ACBM), condition of materials, quantity of materials and estimated abatement cost. 4. Environmental Assessment: There was possible soil contamination from a former Stauffer Chemical Company Warehouse facility adjacent to the Pump Station Number 9 site. Soil sampling was performed on the City of Lubbock property and based on the information provided it does not appear that sample collection and FNI Professional Agreement Page I I of 16 analysis is necessary to address worked protection and infrastructure integrity concerns. FNI will perform the following task: a. FNI will contact representatives of the former Stauffer Chemical Company or TCEQ project files to obtain more recent environmental site investigation data. FNI will review data obtained to verify the conclusions described above. b. FNI will prepare a written memo documenting our data review and conclusions related to construction worker safety, infrastructure integrity, and reuse of any excess soils generated during construction on the project. c. If the project design requires excavation of soils, those soils should not be reused as clean fill off-site without sampling and analysis to determine if soils contain organic chemicals in excess of residential cleanup levels. 5. Technical Memorandum: FNI will prepare a technical memorandum that includes the results of the alternate analysis, results of the onsite assessment, preliminary construction cost, hydraulic modeling results, permitting, schedule impacts, life cycle cost and recommendations. C. PRELIMINARY DESIGN REPORT Pump Station: After the Owner has accepted the facility assessment and alternatives evaluation report, FNI will provide a preliminary design and layout of the pump stations, including system hydraulic grade line, number of pumps, pump sizes, proposed pump station floor plan, storage tank size, proposed site layout, communication facilities, one -line diagrams, stand-by generator size and location, construction cost estimates, and land requirements. 2. Preliminary Design Report: FNI will prepare a draft report of the study and present it to the Owner, After receipt of the Owner's comments, FNI will revise the report and present the final draft to the Owner. The Preliminary Design Report will include the following: a. Description of Alternates b. Recommendations for Facilities c. Maps of the Alternate Pipeline Route and Project Facility Locations d. Pump Selection e. Motor type and means of correcting to 95% power factor f. Motor Cooling type (air or water) g. Pump Control valve selection h. Power equipment selections i. Equipment selections for HVAC equipment j. Building floor plan and equipment layout k. Preliminary architectural design of walls roof, and floor plan 1. Pump Station site civil layout in. Recommendations for land and easements n. Engineer's Opinion of Probable Construction Costs o. Description of Permitting Requirements p. Description of Power Requirements q. Recommendations for stand-by generator FNI Professional Agreement Page 12 of 16 r. Recommendations for improvements to the Existing Pump Stations FNI will furnish (5) five hard copies and one electronic copy of the Preliminary Design Report and the above preliminary design documents and present and review them with the OWNER. Items to be performed by City of Lubbock: 1. Provide Mapping as required for the following: a. COL will assist FNI in obtaining mapping. 2. Provide copies of the existing plans 3. Provide any GIS and AutoCAD data for the existing system 4. Recommended Phases and Schedule for Project Development. 5. Provide interest rate, bond rates, electricity rates, etc. for life cycle cost 6. Assist FNI in obtaining Geotechnical, Asbestos, and Environmental Reports FNI Professional Agreement Page 13 of 16 TIME OF PERFORMANCE ENGINEER shall commence work immediately following authorization to proceed. ENGINEER has reviewed the project with the CITY and agrees that the schedule presented below is a reasonable timeframe within which to accomplish the work. PROJECT SCHEDULE Weeks Following Cumulative Milestone Deliverable Weeks Dick -Off Meeting/Design Development 0 0 Facility Assessment and Report 8 8 Preliminary Design Report Draft 10 18 Preliminary Design Report Final 4 22 ENGINEER -CITY mutually agree that they will work toward meeting the above schedules. Should the Scope of Work be changed and/or should problems arise during the course of the work effort that could affect the above schedule, it is understood that both CITY and ENGINEER will develop a revised schedule and budget limit, if required, to address scope changes, delays by CITY, or other problems. It is understood that the ENGINEER must proceed with the work while the CITY reviews each submittal. CITY agrees to submit all review comments for the submittal within fourteen (14) days following the ENGINEER's submittal. Impacts from CITY's comments, which require extensive rework, may impact the schedule and budget and in -tum, may be considered a change in scope. FNI Professional Agreement Page 14 of 16 BUDGET CITY and ENGINEER have established a not-to-excced budget of $378, 200 to complete all services under this Task Order. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, not to exceed $378, 200 for services identified in Tasks 1 through 6, unless noted otherwise in the Scope of Work. ENGINEER agrees to complete these services for this amount unless the Budget is amended by CITY and ENGINEER as a result of a change to the Scope of Work or Time of Performance. The budget assumes that all work will be completed within 185 calendar days from the Notice to Proceed. FNI Professional Agreement Page 15 of 16 RATES FOR INHOUSE SERVICES Print Shop Computer and CAD Calcomp Plotter Color Copies & Printing $0.50 per single side copy PC CAD Stations $10.00 per hr. Bond $2.50 per plot $1.00 per double side copy Other $5.00 per plot Color $5.75 per plot Black & White Copies & Printing $0.10 per single side copy $0.20 per double side copy Binding $5.75 per book OTHER DIRECT EXPENSES: Other direct expenses are reign bursed at actual cost times a multipl ier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, fest, and other work required to be done by independent persons other than staff members. For Resident Representati ve services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multi tieJroff FNI�1' OWNER Resolution No. 2011-RO249 COMPENSATION Compensation to Freese and Nichols shall be based on the following Schedule of Charges: Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed three hundred t thousand two hundred dollars $378,200 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 Schedul a of Charges. Schedule of Charnes: Position RAI& Posiltion BAf& PRINCIPAL 388.50 3D VISUALIZATION COORDINATOR 178.50 GROUP MANAGER 247.00 ENVIRONMENTAL SCIENTIST VII 228.90 ENGINEER VIII 269.85 ENVIRONMENTAL SCIENTIST VI 199.50 ENGINEER VII 263.55 ENVIRONMENTAL SCIENTIST V 168.00 ENGINEER VI 236.25 ENVIRONMENTAL SCIENTIST IV 147.00 ENGINEER V 185.00 ENVIRONMENTAL SCIENTIST ICI 126.00 ENGINEER IV 169.05 ENVIRONMENTAL SCIENTIST It 88.20 ENGINEER III 150.15 ENVIRONMENTAL SCIENTIST 1 87.15 ENGINEER II 141.75 ARCHITECT VI 201.60 ENGINEER 1 118.55 ARCHITECT V 182.70 ELECTRICAL ENGINEER VI 222.60 ARCHITECT IV 147.00 ELECTRICAL ENGINEER V 182.70 ARCHITECT III 140.70 ELECTRICAL ENGINEER IV 144.90 ARCHITECT 11 113.40 ELECTRICAL ENGINEER 111 136.50 ARCHITECT 1 97.65 ELECTRICAL ENGINEER II 132.30 PLANNER VI 213.15 ELECTRICAL ENGINEER 1 124.95 PLANNER V 163.80 MECHANICAL ENGINEER VI 215.25 PLANNER IV 129.15 MECHANICAL ENGINEER V 191.10 PLANNER 119 117.60 MECHANICAL ENGINEER IV 166.95 PLANNER 1 96.60 MECHANICAL ENGINEER 111 147.00 HYDROLOGIST V 184.80 PROGRAM MANAGER II 222.60 HYDROLOGIST IV 144.90 CONSTRUCTION CONTRACT ADMIN III (QC) 184.28 HYDROLOGIST Ill 133.35 CONSTRUCTION CONTRACT ADMIN III (CM) 136.50 HYDROLOGIST II 121.80 CONSTRUCTION CONTRACT ADMIN 11 128.00 GEOTECHNICAL ENGINEER VI 236.25 CONSTRUCTION CONTRACT ADMIN 1 115.50 PUBLIC INVOLVEMENT COORDINATOR 134.40 DOCUMENT CONTROL CLERK 106.05 WEB SERVICES ADMINISTRATOR 157.50 SR DESIGNER 196.35 WORD PROCESSING/SECRETARIAL 80.85 DESIGNER II 158.55 OPERATIONS ANALYST 145.95 DESIGNER 1 136.50 CONTRACT ADMINISTRATOR 92.40 CADD DESIGNER 168.00 INFORMATION SERVICES ADMINISTRATOR 79.80 TECHNICIAN IV 142.80 INFORMATION SERVICES CLERK III 63.00 TECHNICIAN III 114.45 INFORMATION SERVICES CLERK II 58.80 TECHNICIAN 11 95.55 INFORMATION SERVICES CLERK 1 57.75 TECHNICIAN 1 73.50 CO-OP 70.35 GIS COORDINATOR 144.90 GIS ANALYST IV 131,25 GIS ANALYST 111 108.15 GIS ANALYST II 96.60 GIS ANALYST 1 72.45 RATES FOR INHOUSE SERVICES Print Shop Computer and CAD Calcomp Plotter Color Copies & Printing $0.50 per single side copy PC CAD Stations $10.00 per hr. Bond $2.50 per plot $1.00 per double side copy Other $5.00 per plot Color $5.75 per plot Black & White Copies & Printing $0.10 per single side copy $0.20 per double side copy Binding $5.75 per book OTHER DIRECT EXPENSES: Other direct expenses are reign bursed at actual cost times a multipl ier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, fest, and other work required to be done by independent persons other than staff members. For Resident Representati ve services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multi tieJroff FNI�1' OWNER CITY OF LUBBOCK LOW HEAD 8 PUMP STATION PHASE 1- FACILITY STUDY AND PRELIMINARY DESIGN 4/19/2011 Task Group Laber Fee Expense MW General Kickoff Meeting WR Transmission $ 5,169.00 $ 5,000.00 W/WW Master Planning/Modeling $ 1,890.00 $ 350.00 Electrical $ 1,800.00 $ 350.00 Obtain Data Model/ Hydraulic Review 29,169.50 $ 325,105.00 $ WR Transmission $ 10,005.00 $ 1,500.00 Environmental $ 2,240.00 Asbestos Inspection Meetings WR Transmission W/WW Master Planning/Modeling Electrical SUBTOTAL Facility Assessment and Alternate Evaluations Onsite Assessment $ 19,740.00 $ 5,000.00 $ 1,890.00 $ 350.00 $ 6,8W.00 $ 700.00 $ 49,534.00 $ 13,250.00 WR Transmission $ 18,804.00 $ 6,000.00 Structural $ 4,735.00 $ 750.00 Electrical $ 6,750.00 $ 1,000.00 Mechanical $ 4,916.00 $ 750.00 Model/ Hydraulic Review 29,169.50 $ 325,105.00 $ WR Transmission $ 5,22.1.00 $ 1,500.00 W/WW Mater Planning/Modeling $ 34,059.00 S 2,257.00 Asbestos Inspection King Consultants $ 2,750.00 Environmental $ 872.00 Environmental Assessment Environmental $ 3,112.00 $ 2,610.50 WR Transmission $ 1,470.00 $ 1,000.00 Technical Memorandum WR Transmission W/WW Master Planning/Modeling Structural Electrical Mechanical MMqQMNFFNW Preliminary design Report WR Tranmsmission Archiectural Structural Electrical Mechanical TOTAL $ 22,848.00 $ 7,982.00 $ 5,561.00 $ 320.00 $ 9,554.00 $ 750.00 $ 6,525.00 $ 750.00 $ 4,571.00 $ 750.00 $ 1 $ 29,169.50 $ 88,628.00 $ 6,135.00 $ 10,000.00 $ 1,000.00 $ 14,850.00 $ 750.00 $ 18,485.00 $ 2,000.00 $ 14,610.00 $ 750.00 $ 146,573.00 $ 10,635.00 $ 325,105.00 $ 53,054.50 $ 378,159.50 City of Lubbock Low Head B PS INR Transmission Manhour Estimate 3129/2011 Group LOW HEAD B PS STUDY Staff CR PM PE CAD EIT TOTAL TOTAL RLG NCL JKJ MDC ON HOURS DOLLARS Rate Route Study Phase General Rep Services: 1 Kick-off Meeting 2 Obtain Data 3 Client Meetings 4 Facility Assessment and Alternate Evaluatcns 4a Onsite Assessment 4b ModeUHydraulic Review 4c Environmental 4d Technical Memorandum 5 Preliminary Design Report 5a Site Plan Alternates 5b Plan and Section Alternates Sc Equipment Layout 5d Pump Selection Se Cost Estimates 5f Report 5g Life Cycle Cast $ 247.00 $ 183.75 $ 169.00 1 $ 168.00 1$ 141.75 12 12 24 $ 5,169.00 10 30 10 10 60 $ 10,005.00 36 48 12 96 $ 13,740.00 24 46 24 96 $ 18,804.00 4 12 12 28 $ 5,221.00 8 8 $ 1,470.00 8 24 40 24 40 136 $ 22,848.00 2 16 24 24 24 90 $ 14,924.00 4 12 40 32 24 112 $ 18,731.00 4 16 20 24 32 96 $ 15,876.00 4 6 20 32 62 1 $ 10,006.50 1 8 12 24 45 $ 7,147.00 4 20 40 40 104 $ 17,093.o0 2 4 8 16 30 $ 4,849.00 STUDY PHASE HOURS STUDY PHASE EXPENSES STUDY TOTAL 105 244 282 114 242 987 $ 171,883.50 $34,110.00 $ 205,993.50 $ 88,626.S0 Law Head B Mechanical Rates JSH VR TMG Classification Mech VI Mech IV Tech IV Task $ 215.25 $ 166.95 $ 142.80 Subtotal EXP Onsite Assessment 4 24.25 0 $ 4,910.00 $ 750.00 Technical Memo 2 16 10.25 $ 4,570.00 $ 750.00 preliminary design 2 64 24.5 $ 14,610.00 $ 750.00 Total $ 24,090.00 1 $ 2,250.00 Freese and Nichols, Inc. Task 8 Labor Task B Total Exp Total S 34,059 S 36,316 City of Lubbock Low Head B Pump Station Evaluation Detailed Cost Breakdown BASIC SERVICES TASK TH JLB SJN NE LDS TOTAL TOTAL TOTAL HOURS TOTAL LABOR EXPENSES EFFORT HOURLY BILL RATE- $247.00 ! $236.25 $169.05 $108.15 $60.85 Al Kickoff Meeting 8 8 S 1,890 $ 350 $ 2,240 A3 j~with City to discuss memo & anatpis • B $ 1,890 S 350 $ 2,240 62a Add Low Head 6 P.S. & Bailey transmission In" kis model • 12 8 26 $ 4,598 S 260 $ 4,112111 M I Update nxxW to include all 10" i orm 12 34 20 68 $ 10,740 S 662 S 11,408 82c Review SCADA Data to understand system operation and conshaints 6 • 14 $ 2770 5 526 $ 3.298 62d Scale demands to maximum day demands & update con"Is for pomps 4 12 16 $ Z974 $ 140 $ 3,114 62e Conduct max. day modeling for existing conditions for four 2 14 30 altematives • 54 S 9,738 S 525 $ 10263 B2f Evaluate ea_psacity with and *a to P.S. 07 2 8 • - — 16 S 3.264 $ 142 S 3,406 5Prepam draft technical S 5,581 ji - 320 S _ 5 86f Total Hours 6 74 118 40 2 Total Basic Services 240.0 $43,400 $3,27-7 546,977 Task 8 Labor Task B Total Exp Total S 34,059 S 36,316 LOW B PUMP STATION STUDY Basic Services Electrical Classifications E. JNH ENG VI RS E. ENG V JAE Cadd Design Total Hours Total Labor Total Expense- Total Effort Hourly Bill Rate 222.60 182.70 168.00 Task Description 1A Kick Off Meeting 8 8 $ 1,800.00 $ 350A0 $ 2,150.00 1C Meetings with Client (2 trips) 24 8 32 $ 6,800.00 $ 700.00 $ 7,500.00 2A Onsite Assessment 30.5 30.5 $ 6,800.00 $ 1,000.00 $ 7,800.00 2E ITechnical Memorandum 15 17.5 32.5 $ 6,500.00 $ 750.00 $ 7,250.00 3A Preliminary Design Report 60.5 15 97.5 $18,500.00 $ 2,000.00 $20,500.00 TOTALI 200.51 $40,400.00 4,800.00 t 14-5,200.00 Freese and Nichols, Inc. City of Lubbock Lowhead B Pumpstation - Environmental Services Detailed Cost Breakdown LABOR LABOR CATEGORYMOURLY RATE EMPLOYEE RWC KKM BME TOTAL HOURS TOTAL LABOR EXPENSES TOTAL EFFORT DESCRIPTION PROJECT ROLE ESVII ESIV GIS IV HOURLY RATE $228.90 $147.00 $131.25 Obtain Data - 15.25 15 $ 2,240.00 $2,240.00 Asbestos Inspection 3.0 1.25 4 $ 870.00 $2,750.00` $3,620.00 Environmental Assessment 4.0 8.0 7.8 20 $ 3,110.00 $ 2,610,50 $5,720.50 TOTAL HOURS 7 25 1 8 1 39 A $11,580.60 ming uonsunanis Fee -scope and Fee Attacneo 1205 E. 46th Stet Lubbock, Te= 79404 (806) 763-6157 1-800-658-6018 March 14, 2011 Nicholas Lester, P.E. Freese and Nichols, Inc. RE: Estimate for an Asbestos Survey for Pump Station # 9 Dear Mr. Lester: Thank you for this opportunity to assist you in your inspection of Pump Station # 9. I. INSPECTIONISURVEY • Utilize Texas -licensed individuals, as required by the Texas Department of State Health Services (TDSHS), to conduct inspection and sampling on all facilities as directed by the Owner. • Conduct sampling of each suspect material in a random manner in accordance with TDSHS recommended protocol. • Quantify (square/linear feet) al materials into homogeneous areas • Review any existing asbestos surveys or inspections • Preparation of Chain of Custody for shipping of bulk samples to an Independent laboratory. II. LAi3oRAToRY ANALYsis Utilize independent licensed and accredited laboratory, licensed by the TDSHS and accredited by National Voluntary Laboratory Accreditation Program (NVLAP) • Analysis by Polarized Light Microscopy (PLM) using Environmental Protection Agency (EPA) Method 600 ENVIRONMENTAL SPECTALi<STS BEWORD AUSTLY SAN AN A!LO OKLAHOMA ID00 805 FOREST RCS. SUITE 107 86BROOM LANS. SUM 1517 3194 A' VB M RoLrM 1. BOIL 2132 76022 78743 76904 73006 8173549840 512.8013739 321.944.0931 3803742652 Certified report of all analytical results to coincide with Chain of Custody. Ill. REPoaT • Utilize Texas -licensed Consultant, as required by the Texas Department of State Health Services (TDSHS), to prepare report • Utilize Texas-ficensed Consultant or Management Planner, as required by the Texas Department of State Health Services (TDSHS), to prepare an Operations and Maintenance Plan (O&M) • Provide homogeneous area report that includes Asbestos Containing Building Materials (ACBM), condition of materials, quantity of materials and estimated abatement cost. • Provide information describing all Govemment, State and Local laws as they apply to ACBM. IV. FEES Provide AutoCAD drawings of the facility which will identify sample locations and locations of each homogeneous area. (Optional) Inspectionand report.................................................................................. $ 1,250.00 PLM bulli sample analysis, Per Sample $20.00 Ea. Estimate 60 samples $ 1,200.00 Until we start our sampling process it is not known how many samples will be required. However, a normal inspection usually does not take more than 60 samples. If more or fewer samples are required, the cost will be decreased or Increased by the above cost per sample. The above services include $1,000,000 per claiml$1,000,000 aggregate Professional Liability Insurance (with ,pollution liability coverage) on a "claims made" basis, as well as $1,000,000 General Liability Insurance for each project. We trust this proposal answers all the questions you might have regarding our activities on this project. if you should have any further questions or require additional information, please contact King Consultants at (806) 763-6157 or on my cell phone at (806) 789-6763. Otherwise, we look forward to providing your client with the best environmental consulting services in Texas. 1125 -STRUCTURAL City of Lubbock Low Head B PS Hours oursCosi Tadmk w ry F _ ESM V Enm"r v Enow ri rorar rorar loran Talk Mtnruo Diaz � M chael R Robed? Sue M. Thor 'word PraoGs9or ]ulid A Whitcraft �► tdbliri EXfJBRSt! Effort Me. Task Pi W– t $235.25 $185.00 $75.5.15 $80.85 $142.80 2A Onsite Assessment 200 ---$4,725 `M�ty ' $750 $5,475 2E Technical Memo 18 0 4.0 _ _ 3.0 30.25 $9,555 $750 $10,305 3 Preliminary Design Report . __P- 42.0 12 0 — 2 _ 0 i77S $14,83f1 $750. — �iS,S89 SL/aTOTALS J 80.0 16.0 5.0 48.0 la 52.230 1- S21-28-01 Freese and Nichols, Inc. City of Lubbock Lowhead B Pumpstation - Architectural Detailed Cost Breakdown LABOR LABOR CATEGORYIHOURLY RATE EMPLOYEE AM PKJ NEL TOTAL HOURS TOTAL LABOR TOTAL EXPENSES TOTAL EFFORT DESCRIPTION PROJECT ROLE GM ARCH VI CARD Des HOURLY RATE $247.00 $201.60 $158.00 Preliminary Design 3.75 20.00 30.00 1 54 Is 10,000.00 $ 1,000.00 $11,000.00 TOTAL HOURSI 4 1 20 1 30 54 1 $11,000.00