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HomeMy WebLinkAboutResolution - 2021-R0218 - Contract 15757 with Freese and Nichols 6.22.2021Resolution No. 2021-R0218 Item No. 6.11 June 22, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 15757 for Lift Station 34 Rehabilitation Capital Improvements Project, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is 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 ATTEST: R e b e 4a Garza, City Se et APPROVED AS TO CONTENT: June 22, 2021 -(-- I'll -0 -') Jesica c .ac ern, Assistant ity Manager AS TO FORM: ttorney DANIEL M. POPE, MAYOR Resolution No. 2021-RO218 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15757 is entered into this 22nd day of June 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Lift Station 34 Rehabilitation Capital Improvements Project, (the "Activities"); and WHEREAS, the 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 the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional 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 Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 540 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $183,798, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The 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. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement 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, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The 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, the Engineer and the Engineer's employees and/or sub -consultants, 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. Page 3of11 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the 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. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the 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: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The 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 shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Page 4 of 11 Labor Code. Further, the 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. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit [insert correct valuel, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The 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. Page 5 of 11 ARTICLE XI. INDEMNITY THE 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 THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The 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 Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement 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. The Engineer's address and numbers for the purposes of notice are: Freese and Nichols, Inc. Nicholas Lester, P.E. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 C. City's Address. The City's address and numbers for the purposes of notice are: Page 6 of 11 Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: jristinek@mylubbock.us Telephone: 806-775-3397 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 Agreement, 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 XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The 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, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. Page 7of11 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement 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 Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the 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 the 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 the 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 the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry'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 the City and the Engineer. Page 8 of 11 N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9of11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe a Garza, City Secr ary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer �001'osh Kristine ', .E., Assistant City Engineer — Capital Projects and Design APPROVED AS TO FORM: DANIEL M. POPE, MAYOR Firm Freese and Nichols, Inc. BY: Nicholas Lester, P.E. Vice President/Principal Page 10 of 11 Texas Government Code Subtitle F, Title 10, Chapter 2271 I, Nicholas Lester, P.E., the undersigned representative of Freese and Nichols, Inc., (hereafter referred to as company) Pursuant to Section 2271.002, applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of Lubbock acting by and through City of Lubbock. Date Authorized Signature Page 11 of 11 EXHIBIT A SCOPE OF SERVICES FOR: DETROIT LIFT STATION No.34 ENGINEERING DESIGN SERVICES General: The City of Lubbock (The Owner) is experiencing a period of growth throughout the City and surrounding areas. To respond to this growth, infrastructure improvements are required to meet the increasing population and non-residential development. The purpose of this Project is to evaluate the condition of Lift Station No.34, as identified in the City's Wastewater Master Plan, and recommend renewal options (rehab/expand existing lift station or construct a new lift station located on another site). A. This Project includes the following services: 1. Project Management and Quality Assurance for the development of the Lift Station Technical Memorandum (TM) and design of the lift station and associated force main and gravity sewer. 2. Lift Station Technical Memorandum (TM) will be prepared, presenting four (4) options for consideration (three (3) new lift station sites and a rehabilitation of the existing lift station). 3. Detailed Design will include selection a packaged lift station (including pump configuration, electrical design, odor control, site security including cameras, hydraulic modeling, generator connections, on -site bypass connections, site parking, landscaping, and demo of existing lift station) and Force Main and Gravity Sewer design for approximately 200-500 LF each, including pavement repair/replacement, and connection to existing gravity sewer system. 4. Topographic Survey will be performed for the selected site for the new lift station and 200- 500 LF along the selected route identified in the TM. No subsurface utility engineering (SUE) services will be performed. 5. Geotechnical Investigation will be performed consisting of field exploration, laboratory testing, and preparation of a data report. An engineering analysis will not be performed. One (1) exploratory boring at the lift station site, will be performed, drilled to a minimum depth of 40 feet below existing grade. 6. Floodplain Certificate for the new Lift Station site to verify it is located outside the 100-year floodplain and to verify that no impacts to downstream properties will be impacted by this project. 7. Land Acquisition Services will be performed to assist the City in acquiring the property for the lift station site and any easements necessary for the construction of the force main and gravity sewer main, including rezoning of the lot acquired for the new lift station. 8. Bid/Advertisement Phase will be performed including attending a pre -proposal meeting (via conference call). B. The Project does not include the following services: 1. It is assumed that the geotechnical borings will not encounter a rock stratum. Therefore, the testing for such material is not included in the scope. An engineering analysis will not be performed. Rather, a Geotechnical Data Report (GDR) will be prepared and included in the contract documents to provide the necessary information for the contractor to determine best methods for excavation. 2. General Representation and Resident Project Representation (PDR) are not included in the scope but can be provided as an amendment to this contract. 3. Temporary flow monitoring will not be provided. Design flows will be based on the Owner's current Wastewater Master Plan. 4. The preparation of an Environmental Technical Memorandum, preparation of a Pre - Construction Notification, coordination with THC, individual Section 404 permit application to the USACE, performing a survey for federally listed threatened or endangered species, providing a cultural resource survey, or preparation of a Phase 1/II environmental site assessment, is not included in the scope. 5. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). Requirements for the Contractor to provide a SWPPP will be included in the Bid Documents. A. TASK I — PROJECT MANAGEMENT AND QUALITY ASSURANCE ENGINEER shall manage professional services to complete the PROJECT. These services will include preparation of PROJECT controls including progress reports, action items log, decision log, design team meetings, technical review committee workshops, schedule projections, and invoicing. ENGINEER shall provide professional services in this Task as follows: (1) Prepare a PROJECT planning document to define PROJECT team, lines of communications, deliverables, schedule, and budgeting for internal use in executing the PROJECT on schedule and within budget and establishing the contents of the PROJECT start-up meeting; (2) Schedule and direct regular coordination meetings with the Engineer's design team to coordinate PROJECT task assignments, action items, and to prepare for meetings with the Owner. Engineer will maintain an Action Item Log and Decision Log to monitor PROJECT activity. Coordinate with subconsultants to confirm all PROJECT elements are compatible, integrated, and meet Owner performance requirements. Engineer's Project Manager shall be the primary client contact and lead communicator to Engineer's staff; (3) Schedule and conduct up to a combined total of four (4) progress meetings (via conference call) and three (3) quality review workshops (60/90/Final - via conference call). In addition to reviewing progress at each meeting, review PROJECT deliverable status, current schedule, outstanding action items, PROJECT bottlenecks that could impact schedule, PROJECT budget status, decisions made, and PROJECT enhancements requested. Prepare agenda and meeting materials, direct and document meetings to review progress, and facilitate the exchange of ideas and information. Prepare draft meeting minutes to include action item lists, decision lists, and PROJECT enhancement lists within seven (7) business days to submit to the Owner for review and approval. Final minutes will be issued within four (4) business days of receipt of review comments, or immediately after four (4) days if there are no comments received. It shall be assumed that no in -person site visits will be made, but can be added as an Additional Service. (4) Prepare up to seven (7) monthly Project Summary Reports and submit with monthly invoice. The report shall contain the following elements: (a) Summary of work completed to date; (b) PROJECT budget summary; (c) PROJECT schedule; (d) Summary of actions and decisions needed from the Owner; and (e) Upcoming PROJECT activities; (S) Quality Assurance / Quality Control (QA/QC): provide QA/QC plan to the Owner and conduct QA/QC reviews of the deliverables (609/o/909/o/Final — Constructability at 90%). B. TASK II — LIFT STATION TECHNICAL MEMORANUM (TM) (1) Engineer will provide a TM that evaluates three options for a new lift station site and a rehab option for the existing lift station. This evaluation will include the associated force main, gravity sewer main and connections to the existing sewer system, and will be based on preliminary work previously prepared; (2) Prepare exhibits and aerial photographs showing the Project and related sewer piping. Each option will be shown on separate exhibits, to be used during planning and presentations; (3) Provide preliminary OPCC for each alternative which shall include estimates for land acquisition; (4) Submit one advance copy of the TM, OPCC, and associated exhibits to the City for review; 3 (5) Participate in one review workshop with the City to discuss the various alternative options for the Project, prior to beginning detailed design; and (6) Incorporate review comments into the Final TM and submit one electronic copy in PDF format of the Final TM to the City. TASK III —DETAILED DESIGN a. Lift Station Design: (1) For the new Lift Station, the ENGINEER shall prepare construction plans that address the following: (a) Demo the existing lift station once the proposed lift station is constructed, tested, and approved. Demo of the existing lift station shall consist of plugging inlet/outlet connections, backfilling the wet well and vaults, removing above- ground structures/appurtenances and below -ground structures to within 3 feet of the surface, and any other work necessary to comply with the construction documents, including any remediation requirements due to possible hazardous materials as stated in the City -provided asbestos report; (b) Prepare any necessary site improvements, including an access drive, perimeter fencing (chain -link with nylon inserts), concrete flatwork for on -site parking, landscape (with no irrigation), security fencing, security cameras, etc.; (c) Piping necessary to divert influent flow from the existing lift station to the new lift station; (d) Pumps and all associated discharge piping, valves, and appurtenances necessary to connect common discharge header to force main piping; (e) Electrical and SCADA/control equipment; (f) Ancillary structures including slabs on grade and canopies for electrical and control equipment; (2) Existing lift station will be demolished including all above -ground structures and below - ground structures to 3 feet below the surface. An asbestos study, provided by the City, shall be reviewed to determine the presence of asbestos material. If asbestos is discovered, Engineer will provide recommendations to the City to abate and/or include criteria in the Bid Documents to instruct the Contractor to handle and remove the material; (3) The new lift station will be located on a property in close proximity to the existing lift station, on property to be purchased by the Owner; 4 (4) The new lift station will utilize submersible pumps and outdoor rated electrical and control equipment. Engineer will examine 1+1 and 2+1 pump configurations. Packaged lift station will be selected for system (no structural design of cast -in -place structures); (5) The Lift Station shall be designed to allow proper access for a portable hoist to be placed over the wet well for removal of pumps, motors, valves, piping and other similar equipment; (6) The new lift station will utilize an aerator to prevent solid buildup and to reduce odor; (7) The electrical and control equipment will be located on an electrical rack placed under a canopy; (8) The new lift station shall utilize blowers to vent the lift station (no odor control units); (9) The new lift station shall include quick connections for suction and discharge side of wet well. Purpose of quick connections is to utilize temporary pumps in the event the lift station is without power. The discharge header shall accommodate necessary valving and connections to accept the flow from the discharge connection; (10) Basic flow equalization/control analysis will be performed, and recommendations provided for these facilities, but no design of facilities for storage and flow equalization/control at the lift station site will be included; (11) Hydraulic modeling will be developed, using the City's current Wastewater Master Plan, to evaluate the future peak flows upstream of the new lift station and to size the wet well volume; (12) Primary electrical service is available or can be supplied to the site by the local electric utility; (13) All proposed electrical equipment, conduit and wire from utility service pole/transformer to the new lift station equipment will be new; (14) Electrical/control gear will be installed on an outdoor electrical rack, enclosed in current NEPA-required cabinets to protect electrical equipment from weather and sabotage; (15) Lift Station SCADA/control system will interface with the City's SCADA system. FNI will coordinate SCADA design with the City's SCADA standards and with the City's SCADA integrator, but the SCADA integrator (programmer and SCADA screen developer) will not be a subconsultant contracted by FNI, but will be included in the Bid Documents as the responsibility of the Contractor; (16) Noise control, hazardous waste assessments, and hazardous waste abatement will not be required for the new Lift Station site; (17) Contract documents will be developed to provide construction sequencing 5 requirements that allows the existing lift station remains in service until new lift station can be placed into operation; (18) Emergency generator will not be provided, but the electrical design will include an automatic transfer switch for temporary generator hookup; (19) The new lift station and the proposed force main, and all appurtenances associated with the lift station, force main and gravity sewer, will be included in one set of Contract Documents and will be bid as a single project; (20) Contract documents will include technical and performance specifications, and an electronic copy of documents on removable computer memory device; (21) ENGINEER shall incorporate comments from the Owner's review at 60%, 90% and Final; (22) ENGINEER will assist City, if needed, in rezoning property to be acquired so that the lift station can be constructed; and (23) ENGINEER shall submit drawings, specifications, and Construction Contract Documents to the Texas Commission on Environmental Quality (TCEQ) for approval, and to other applicable federal and state agency(s), where required. b. Force main, gravity sewer and Misc Design: (1) Force main and gravity sewer pipeline drawings will include plan and profiles at one - inch equals 40 feet scale horizontally and one -inch equals eight feet vertically on 11- x 17-inch paper; (2) Incorporate standard details provided by the Owner and prepare special details as necessary; (3) Incorporate standard technical specifications provided by the Owner and prepare special technical specifications as necessary; (4) Specifications and plans shall incorporate all relevant Owner guidelines in force as of the date of this Agreement, including the Competitive Sealed Proposal (CSP) method of Contractor selection. Engineer shall advise the Owner, in writing, of any areas where the PROJECT Contract Documents, including plans and specifications, deviate from Owner guidelines; (5) Prepare general notes for Contractor's preparation of a SWPPP; (6) Provide recommendation for the material of the proposed pipelines and manhole structures to meet the Owner's guidelines; (7) The Engineer shall prepare one set of Contract Documents. Prepare the drawings to 2 u be included in the construction plans, including, but not limited to, the following: (a) Cover sheet; (b) Index, location and vicinity maps sheet; (c) Abbreviations, symbols and legend sheet; (d) General notes; (e) Project layout, including temporary and permanent access areas, laydown, and staging areas for the PROJECT; (f) Survey control; (g) Pipeline plan/profile sheets, including lateral sheets; (h) Tie-ins and connection detail sheets; (i) Details, including manholes, embedment, fences, pipeline markers, vents, tunnel/bore, driveway/paving, manhole ring/cover, clay cut-off wall, etc.; (j) Requirements and criteria for the development of a Traffic Control Plan (TCP) for the construction of the PROJECT. The Contractor shall be responsibility of preparing the TCP; (k) Landscape plan sheets; (8) Prepare survey northing and easting coordinates in electronic format (Texas State Plane, NAD 83) of all the Owner's proposed structures, include the surface coordinate adjustment factor, and detailed datum information used for uploading into the Owner's GIS; (9) Prepare an opinion of probable construction cost (OPCC) for review by Owner. The OPCC will be updated for the 60 percent, 90 percent,100 percent not -for -construction (NFC) quality control (QC), and Final review meetings; (10) Prepare and submit plans and specifications for the 60 percent, 90 percent, 100 percent (NFC), and Final design reviews, at the level of completion sufficient to the level of design at the time of the submittal. Each such submittal will include the various discipline plans, technical specifications, and details as appropriate to the level of design at the time of the submittal; (11) Submit plans and specifications and other documents to the Owner for delivery to applicable regulatory agencies, including three sealed sets of plans and specifications at least 30 days prior to advertisement for bid; 7 (12) Provide AutoCAD or other electronic files in a format suitable for the Owner's use; (13) Address all comments from the Owner and other regulatory agencies and prepare 100 percent signed/sealed plans and specifications for bidding purposes; (14) Engineer shall manage the quality of the PROJECT deliverables throughout the development of the PROJECT. Specific activities that Engineer may employ with approval of the Owner to manage the quality of the PROJECT include the following: (a) Peer review planning concepts by members of Engineer's senior staff; and (b) Constructability review; (15) Participate in a final site visit during the detailed design phase at a time specified by the Owner; and (16) Submit plans to TCEQ for compliance with Chapter 217 of the Design Criteria of Domestic Wastewater Systems, Subchapter C: Conventional Collection Systems. D. TASK IV —TOPOGRAPHIC SURVEY (1) Provide surveying services to obtain all field information needed for design of the PROJECT, based on approximately 200-500 linear feet (LF) of new pipeline extending from the new Lift Station site to the existing gravity sewer system. Survey of existing Lift Station site, including two manholes upstream and two manholes downstream shall be included, to verify existing gravity sewer configuration. Survey of new Lift Station site shall be included, including boundary survey for land acquisition purposes; (2) Establish at least two (2) horizontal and vertical control points for the PROJECT. The horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates and the vertical control being based on North American Vertical Datum NAVD-88. Provide survey notes on design drawings and electronic files with clear location and description of benchmarks and horizontal control points. Benchmarks shall be documented and retraceable; (3) Prepare planimetric detail based on the survey showing existing visible elements within street right-of-way and entire property for new Lift Station site including, but not limited to, the following: (a) Existing pavement, curbs, sidewalks, barrier free ramps, and similar objects; (b) Driveways; (c) Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control; 8 (d) Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities; (e) Traffic signal poles, cabinets, and other signal equipment; (f) Signs, excluding temporary signs; (g) Trees over 4" (caliper at T above ground) and other landscape features (dense cluster or rows of trees to be indicated by outline rather than individual trees); (h) Building footprints, including cleanouts; (i) Retaining walls; 0) Fence limits and material types; (k) Flowlines of creeks, if applicable; (1) Flowlines of manholes, inlets, culverts, and other utility structures, including all lateral connections (flowline, direction of flow, pipe size, and location); (m) Property corners; (n) Field sketches of manholes; and (o) Other applicable physical features that could impact design; (4) Stake bore hole and vertically and horizontally locate the bore holes no more than two weeks after drilling is completed. It shall be assumed that surveying the bore locations will be obtained several weeks after base survey is performed; (5) Based on the survey, generate one -foot contours along the alignment corridor; (6) Prepare composite base map of all features located in the field through the survey; (7) Provide detail notes at each manhole invert including lateral connections. Information collected shall include theXYZ coordinates on existing rim, flowlines, direction of flow, and natural ground elevation at each manhole; (8) Identify existing property boundaries, right-of-way lines and easements that are shown on existing recorded plats and those depicted on the City's GIS map. Boundary survey shall be prepared for purchase of property for new Lift Station site. PROJECT pertinent property and right-of-way lines will be established from monuments found on the ground. All existing easements will be shown on the survey. The survey will locate and tie existing right-of-way, property lines, and easements including type, size, 7 volume and page, where applicable. Show Lot, Block, Abstract Number, and dimensions with adjacent Street Names. City and county boundaries will be shown where applicable; (9) Provide ownership research and obtain copies of deeds, easements, subdivision plats, and right-of-way maps as required (where easement acquisition is necessary) to establish the existing interests in property necessary to the construction of the PROJECT; (10) Establish the location of existing right-of-way lines and block lines throughout the project corridor; E. TASK V — GEOTECHNICAL INVESTIGATION (DATA REPORT) (1) Field Exploration: (a) Engineer shall select and mark one (1) boring location near the proposed lift station. Engineer shall notify Texas 811, appropriate City department(s) to request location and marking of existing underground utilities prior to the field exploration. The core borings will be located within the property which will be the site of the new Lift Station; (b) Engineer shall subcontract with a geotechnical drilling contractor to drill and sample 1 boring to 40 feet including SPTs every 5 feet or so depending upon soil stratigraphy is encountered. Engineerwill provide the ROE documentation for access. (c) The budget is being estimated based upon the following approach: • Boring will be drilled on the proposed lot to be purchased by the City for the location of the new Lift Station; • Costs will include drilling the boring, and backfilling with auger cuttings; ■ Because the bore will be taken on private property, no traffic control will be necessary; (d) Provide an Engineer or Geologist experienced in logging borings to direct the drilling and logging of the borings. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS); (2) Laboratory Testing: (a) Samples will be collected intermittently using continuous flight augers and 10 either split spoon or tube samplers. Rock and rock -like materials will be sampled using an NX core barrel and/or tested in -situ using a TxDOT Cone Penetration Test, as appropriate for the material. (b) Laboratory testing to include AL, -200 mesh sieve, Sieve analysis through 200- mesh if granular or gravelly soil is encountered. Laboratory testing will include 5 AL, 5 minus 200-mesh sieves,1 sieve analysis through 200 mesh sieve. Water level observations will be noted if encountered. Backfill with augur cuttings. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. Engineer will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: • Classification tests (liquid and plastic limits and percent passing the No. 200 sieve); • Moisture content; • Grain Size Analysis through the 200-mesh sieve; • Unconfined compression tests, if appropriate; • Swell testing; (3) Report: (a) Prepare a geotechnical data report (GDR) summarizing the geotechnical boring data to include: • Pertinent information regarding core drilling at the site; • Log of boring; and • Results of laboratory tests. F. TASK VI — FLOODPLAIN DEVELOPMENT PERMIT (1) Engineer shall evaluate 100-year floodplain's proximity to the new Lift Station site and shall coordinate with the City's floodplain administrator in obtaining a Floodplain Development Permit prior to construction. G. TASK VIII — LAND ACQUISITION SERVICES (1) Engineer shall provide the following services for land acquisition: (a) One (1) tract to be acquired (fee simple); 11 (2) Pre -Acquisition Services: (a) Prepare initial property owner contract list for use by City; (b) Research preliminary ownership and easement information; (c) Coordinate with surveyor in development of legal descriptions (up to two) of needed property rights. (d) Provide detailed cost estimates for property; (e) Assist in preparing and obtaining any Right -of -Entry necessary for surveying, geotechnical investigations and environmental services; (3) Title Services: (a) Secure preliminary title commitment or preliminary title search, and 5-year sales data from Title Company that will be providing title insurance; (b) Review preliminary title commitment (Schedules A, B and C) or preliminary title search information for both properties; (c) Secure title commitments and updates in accordance with insurance rules and requirements for payment submissions for properties which will be required in fee simple; (d) Secure title insurance, insuring acceptable title in the name of the City of Lubbock. Cure all exceptions on Schedule C, when applicable. Written approval by the City of Lubbock will be required for any exceptions to coverage; (4) Initial Appraisal: (a) Secure written permission from the property owner to enter the property from which land is to be acquired. If Agent, after diligent effort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained, in writing from the City of Lubbock. Maintain permission letters with appraisal reports; (b) Prepare and conduct personal pre -appraisal contact with interest owner(s) for each parcel; (c) Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file; (d) Prepare draft appraisal report. "Draft" stamp to remain on appraisal until the City has reviewed and approved the appraisal and the initial offer is made. 12 (e) Finalize complete appraisal report for each parcel to be acquired utilizing a format approved by the City of Lubbock. These reports shall conform to the City of Lubbock policies and procedures along with the Uniform Standards of Professional Appraisal Practice. (f) As necessary, prepare written notification to the City of Lubbock of any environmental concerns within the needed parcel to be acquired which could require remediation; (g) All completed appraisals will be administratively reviewed and approved by the City of Lubbock; (h) Expert Witness in Eminent Domain proceedings — this effort is not included in the scope of services but can be provided, if requested, as an Additional Service. (5) Introductory Letter: (a) Prepare Right -of -Entry packets to include introductory letter, Landowner Bill of Rights, maps, and paperwork to be executed; (b) Mail merged introductory letter and label for envelope and file folders. The agents will prepare and stuff envelopes for out-of-town owners or owners who have indicated that they want to receive all of their initial information via certified mail, return receipt requested; (c) The agent will initiate negotiator and contact logs and attend landowner meeting for Right -of -Entry documents. The agent will research additional contact information for non -responsive landowners. (d) Introductory letter will be pre -approved by the City of Lubbock; (e) Introductory letter will be sent either certified mail or by Federal Express. (6) Survey Permission: (a) Secure permission to conduct a survey on all parcels impacted by the project; (b) Secure permission to conduct geotechnical survey and environmental survey on specific parcels identified by the City of Lubbock; (c) Survey permission will be secured from property owner in written form on a format acceptable and pre -approved by the City of Lubbock; (d) Should survey permission be denied, provider will submit necessary information to City of Lubbock necessary to support legal efforts to gain legal access. 13 (7) Negotiation Services: (a) Analyze appraisal reports and confirm approved value prior to making offer for the property; (b) Analyze preliminary title report to determine potential title problems and propose methods to cure title deficiencies; (c) Prepare the initial offer letter and any other documents required or requested by the City of Lubbock in a form acceptable to the City of Lubbock; (d) Contact property owner or owner's designated representative and present the written offer in person where practical. When owners do not wish to have offers delivered in person, they will be mailed via certified mail with return receipt for documentation of delivery/receipt. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing; (e) Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer. Maintain original signed Receipt of Appraisal; (f) Respond to property owner inquiries verbally and/or in writing within two business days; (g) Prepare a separate negotiator contact report for each parcel file for each contact; (h) Maintain parcel files of original documentation related to the purchase of the real property or property interests/acquisition of the easement; (i) Present counteroffers in a form as directed by the City of Lubbock. Transmit any written counter offers from property owners including supporting documentation, and Agent's recommendation with regard to the counteroffer; (j) Prepare final offer letter as necessary; and (k) Expert Witness testimony —this effort is not included in the scope of work, but if requested, can be provided as an Additional Service. (8) Condemnation Support: (a) Condemnation support shall not be provided. Condemnation services can be provided, if requested but shall be considered an Additional Service. 14 (9) Project Administration: (a) Maintain current status reports of parcel and project activities and provide monthly, or as requested by the City of Lubbock; (b) Participate in project review meetings as requested; (c) Maintain copies of all incoming and outgoing correspondence as generated; (d) Provide copies of all incoming and outgoing correspondence as generated if requested, and (e) Update database with current status information and documentation. H. TASK VIII — BID / ADVERTISEMENT PHASE The construction bid and advertisement phase of this Project shall include the advertisement of one set of Contract Documents. (1) Provide a Notice for Proposals to the Owner for publication. Coordinate proposal date to avoid conflicts with similar projects at or near the same time. Provide documents to local plan rooms to assist in advertisement of the PROJECT; (2) Respond to questions related to the distribution of documents, construction contract provisions, and proposal requirements and technical questions regarding the PROJECT; (3) Prepare, print, and distribute addenda addressing additions, deletions, modifications, or interpretations of the Contract Documents; (4) Conduct one (1) pre -proposal conference (via conference call) for the PROJECT and prepare minutes and responses. Responses to the pre -proposal conference will be in the form of addenda issued after the conference. Provide aerial maps and enough information to illustrate existing project conditions. Conduct a tour of the PROJECT site after the conference; (5) Assist the Owner in receiving and recording proposals (via conference call) at the formal date of receiving proposals. Evaluate the information contained in the proposal documents for conformance with requirements of the construction Contract Documents. Prepare evaluation and scoring for each proposal and tabulate results (if competitive sealed proposal method is used). Compare costs with estimated costs and available budget; (6) Evaluate the qualifications information provided by the contractors as a part of the proposal package. Determine if the selected proposal satisfies the necessary experience and qualification standards associated with the PROJECT. Recommend award of the Contract consistent with the requirements of the Contract Documents; 15 (7) Assist the Owner in preparing Contract Documents for execution by the successful proposal; (8) Prepare a Notice of Award for the Owner to issue to the Contractor upon award of the Contract by the Owner with instructions of execution of the Contract Documents; (9) Assist the Owner in reviewing executed Contract Documents and bonds for conformance with the requirements of Contract Documents; (10) Assist the Owner in reviewing certificates of insurance for compliance with Contract Documents; and (11) Forward Contract Documents to the Owner with a recommendation of execution and distribution of documents. Those documents will include up to four (4) half-size (11"x17") conformed construction plans, four (4) sets of executed construction specifications, and four (4) sets of conformed construction specifications. 16 EXHIBIT A, PART 2, ADDITIONAL SERVICES DETROIT LIFT STATION No.34 ENGINEERING DESIGN SERVICES Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be added to the Engineer's responsibilities by mutual agreement and written authorization include, but are not necessarily limited to, the following: (1) Perform site visits. All meetings will be held via conference call; (2) Evaluate additional Lift Station sites; (3) Provide structural design services for cast -in -place concrete structures; (4) Perform video inspection and/or pipeline cleaning; (5) Perform hydraulic analysis of downstream sewer system for capacity or condition; (6) Perform subsurface utility engineering (SUE) services to locate existing facilities; (7) Prepare legal descriptions and plats for easement acquisition; (8) Construction plans and specifications will be provided in pdf format during advertisement. Any sets of hard copies in addition to the amount specified will be considered additional; (9) Complete redrawing of construction plan sheets, if required as a result of changes made in the scope of the construction contract after route has been selected and approved by Owner; (10) Perform temporary flow monitoring required to evaluate flows; (11) Observe on -site conditions to evaluate exposed conditions, dewatering techniques, or changed conditions; (12) Provide additional borings which may be occasioned by the depth to rock being deeper than anticipated or because of changes in geological conditions which necessitate additional evaluation to properly define the stratigraphic conditions; (13) Provide borings through rock strata; (14) Provide detailed geotechnical analysis; (15) Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USACE); 17 (16) Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD; (17) Presence/absence surveys for federally listed threatened/endangered species; (18) Conducting cultural resources studies or archeological surveys; (19) Phase 1/II Environmental Site Assessments, including hazardous waste assessments and/or abatement of the new Lift Station site; (20) Preparation of an Environmental Technical Memo; (21) Coordination with the Texas Historical Commission (THC); (22) Noise abatement study of new Lift Station site; (23) Light pollution study of new Lift Station site; (24) Preparation of a Storm Water Pollution Prevention Plan (SWPPP); (25) Assist the City in procurement of state or federal funding; (26) Preparation of Application for Site Plan Review for internal City departmental reviews; (27) Attend closing at Title Company for any properties acquired; (28) Filing easements or fee -simple land purchases at the County Clerk's office; (29) Provide expert witness testimony during Eminent Domain legal proceedings; and (30) Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices. 18 EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER DETROIT LIFT STATION No.34 ENGINEERING DESIGN SERVICES 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. B. 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 Contract Documents. C. 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 as provided in this AGREEMENT. D. 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. E. 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. F. 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, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. G. 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. H. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. J. Provide the following services, unless provided specifically otherwise in this Agreement: a. Pay all permit fees and mitigation costs. b. Provide advertisement for bids in local publications as required. 19 EXHIBIT B, PART 1- BUDGET DETROIT LIFT STATION No.34 ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of $183,798.00 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT B, Part 2. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed within 540 calendar days from the Notice to Proceed. W EXHIBIT B, PART 2 HOURLY RATE SCHEDULE COMPENSATION DETROIT LIFT STATION No.34 ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE Position Rate Principal / Group Manager 305 Technical Professional - 6 293 Technical Professional - 5 234 Technical Professional - 4 200 Technical Professional - 3 173 Technical Professional - 2 152 Technical Professional - 1 125 CAD Technician/Designer - 3 168 CAD Technician/Designer- 2 126 CAD Technician/Designer- 1 100 Senior CAD Technician/Designer 207 Construction Manager - 4 165 Construction Manager- 3 135 Construction Manager - 2 128 Construction Manager- 1 100 Corporate Project Support - 3 140 Corporate Project Support - 2 126 Corporate Project Support - 1 96 Intern/ Coop 65 Rates for In -House Services Technology Charge Bulk Printing and Reproduction $8.50 per hour B&W Color Small Format (per copy) $0.10 $0.25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy / Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Bi nding (per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons otherthan staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. 21 dmo�vo�c�m N N (A M N N N 7C 7C 7C' 7C 7C 7C' 7C < < < wr-m0-10M-V Sao 0 0 -.�c. a 9 9 CD 5'i <$ m �v no K m � � v C. o OR 3 m _ CD B 0 0 c � m CD � CD CD z 0 3 �Z cum 0 m m CL m y 0 o p � v w 0 =1 c � y 69 __ _ NY N V V W .oc, 0 0 0 4 M 0 4 N W V A W O W 0 W EA 4.9 N (Jl V CA CA 0 CT 69 O Cn to to O O O O O O ts9 �b9d9b9 OEA� N�N�y�W000D V � CA CT O IV CA W V AWOWC0J W S pl y CD eD N A O I� In CD CD i tr <D m Z In M O m x 00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-765056 Freese & Nichols, Inc. Fort Worth, TX United States Date Filed: 06/10/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract No. 15757 Professional services for Lift Station 34 Rehabilitation Capital Improvements Project. 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Reedy, Mike Houston, TX United States X Payne, Jeff Fort Worth, TX United States X Wolfhope, John Austin, TX United States X Greer, Alan Fort Worth, TX United States X Cole, Scott Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Johnson, Kevin Dallas, TX United States X Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is LaToya Goodwin and my date of birth is _ . My address is 10497 Town & Country Way, Suite 600 Houston , TX 77024 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas , on the 10th day of June 20 21 (month) (year) ,L_.Q�19 � r�69LR�.lifif�ili Signature of auArizec66gent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-765056 Freese & Nichols, Inc. Fort Worth, TX United States Date Filed: 06/10/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 06/21/2021 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract No. 15757 Professional services for Lift Station 34 Rehabilitation Capital Improvements Project. 4 Nature of interest Name of Interested Parry City, State, Country (place of business) (check applicable) Controlling Intermediary Reedy, Mike Houston, TX United States X Payne, Jeff Fort Worth, TX United States X Wolfhope, John Austin, TX United States X Greer, Alan Fort Worth, TX United States X Cole, Scott Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Johnson, Kevin Dallas, TX United States X Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) corms provlaea Dy I exas ttnics t:ommission www.ethics.state.tx.us Version V1.1.ceffd98a