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HomeMy WebLinkAboutResolution - 2021-R0220 - Contract 15977 with Freese and Nichols, Inc. 6.22.2021Resolution No. 2021-RO220 Item No. 6.13 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. 15977 for Elevated Storage Tank (EST) Design and Pressure Zone Delineation, 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 June 22, 2021 DANIEL M. POPE, MAYOR ATTEST: 0, d " - k---\ Rebe ca Garza, City Sec eta APPROVED AS TO C ENT: Jesica c chern, Assistant City Manager APPROVED AS TO FORM: Resolution No. 2021-R0220 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. _15977_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 Elevated Storage Tank (EST) Design and Pressure Zone Delineation, (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 365 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 $955,522.62, 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 3 of 11 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 4of11 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 N./A, 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, 76102 Telephone: 817-735-7393 Email: ncl@freese.com Page 6 of 11 C. City's Address. The City's address and numbers for the purposes of notice are: Bailey Ratcliffe, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2329 Email: bratcliffe@mylubbock.us 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. Page 7 of 11 F. Construction and Venue. 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 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 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 9 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe ,ca Garza, City Setry APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: i eisure ty ity Attorney DANIEL M. POPE, MAYOR Firm Freese and Nichols, Inc. By: 1V V' Nicholas Lester, P.E., Vice President Page 10 of 11 Texas Government Code Subtitle F, Title 10, Chapter 2271 I, Nicholas Lester (Person name), the undersigned representative of Firm Name Freese and Nichols, Inc. thereafter 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. 06/07/2021 A"Y" �'� Date Authorized Signature Page 11 of 11 EXHIBIT A SCOPE OF SERVICES FOR: ELEVATED STORAGE TANK DESIGN AND PRESSURE ZONE DELINEATION PRELIMINARY DESIGN, FINAL DESIGN and CONSTRUCTION REPRESENTATION GENERAL• A. Elevated Storage Tank (EST) Design and Pressure Zone Delineation (The "Project") includes the project administration and design for the following facilities: 1. Design of Pressure Zone Delineation 2. Demolition of 50" Street 1.0 MG EST 3. Design of up to 200 LF of 20" Water Line to 50" Street 2.0 MG EST site 4. Design of 501h Street 2.0 MG EST 5. Design of up to 2,200 LF of 20" Water Line to Milwaukee 2.0 MG EST site 6. Design of Milwaukee 2.0 MG EST 7. Design of up to 800 LF of 20" Water Line to 82"d Street 2.0 MG EST site 8. Design of 82"d Street 2.0 MG EST 9. Design of up to 200 LF of 20" Water Line to Yd Street 2.0 MG EST site 10. Design of 31 Street 2.0 MG EST 11. Design of up to 200 LF of 20" Water Line to Clovis Highway 2.0 MG EST site 12. Design of Clovis Highway 2.0 MG EST B. The Project will be five bid packages: 1. Pressure Zone Delineation Bid Package 2. Demolition of 501h Street 1.0 MG EST, Construction of 501h Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of up to 2,200 LF of 20" Water Line Bid Package 3. Construction of 82"d Street 2.0 MG EST and Construction of up to 800 LF of 20" Water Line Bid Package 4. Construction of Yd Street 2.0 MG EST and Construction of up to 200 LF of 20" Water Line Bid Package 5. Construction of Clovis Highway 2.0 MG EST and Construction of up to 200 LF of 20" Water Line Bid Package. Page 1 of 22 C. The following facilities are not part of the Project. If added to the Project, this Agreement may be amended to provide such facilities, and additional compensation may be granted to Engineer therein. 1. Design of water treatment facilities. D. This contract will include: 1. Design of Pressure Zone Delineation 2. Design of all five ESTs, site work, and associated water lines to connect to the existing system. 3. Bid and Award of Pressure Zone Delineation Bid Package (Bid Package #1) 4. Bid and award for the Demolition of 50th Street 1.0 MG EST, Construction of 50th Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of up to 2,200 LF of 20" Water Line Bid Package (Bid Package #2) 5. General representation, resident representation, and onsite inspection of the Pressure Zone Delineation Bid Package 6. General representation, resident representation, and onsite inspection of the Demolition of 50th Street 1.0 MG EST, Construction of 50th Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of up to 2,200 LF of 20" Water Line Bid Package The three remaining tank projects bid and award, general representation, resident representation, and onsite inspection will be added by Amendment in the future. BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and reports, preparation of detailed design, as set forth herein, and construction documents. Construction bid and award services and construction phase services are also included in basic services. Engineer sometimes referred to as "FNI" shall render the following professional services in connection with the development of the Project: A. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of the preliminary and final design phase of The Project: 1. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review pertinent data, review Project staffing and organization, and present the initial work plan and schedule. 2. Provide administration and managements of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. Attend coordination meetings (up to 4) with the OWNER. Prepare and distribute minutes of the meetings. All meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. 3. Provide monthly update reports which include the following: • Status of the work Page 2 of 22 •Major tasks to be completed in the next month *Discussion of major issues •Scope changes to project scope or Engineer's scope *Project budget update (if major changes since the last update) •Project schedule update (if major changes since the last update) • Status of deliverables B. DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. Public Meetims: FNI will meet with the City and Lubbock citizens for up to ten (10) public meeting where the chosen site locations will be presented along with proposed concepts, site renderings, and site requirements. FNI will provide shadow cast studies to aid in these meetings. Refer to special services for additional detail on tank rendering and shadow cast study assumptions for each EST. Five (5) public meetings are assumed during site selection, and five (5) public meetings are assumed prior to construction of the tank. 2. Design Milestones: Once PER has been finalized, FNI will commence final design of the project. Design submittals for each EST bid package shall be provided by FNI to the OWNER at 60% and 90%. The submittals shall include construction drawings, specifications, contract documents, bid proposal, updated schedule, and updated opinion of probable construction costs. Six (6) hard copies and one electronic copy of these items shall be submitted to the OWNER at each of the submittal dates. Workshops will be held with the Owner at 60% and 90% design milestones. 3. Design Scope (for each EST): Provide final layout, elevation, details, and specifications for five (5) elevated storage tanks, showing tank and pedestal, inlet and outlet lines, control valves, drains, overflow, interior and yard piping, access ladders, valves and vaults, re -circulation arrangement, manways, logo, access roadway, fencing, and site drainage. Provide adequate detail to enable the tank manufacturer to prepare final design and shop drawings for the tank foundation and complete tank. Scope shall also include up to 3,400 linear feet of 20" water line design. 4. Structural Engineering (for each EST): Provide Structural plans, cross -sections, details, and specifications for the piping penetrations and tank overflow outfall structure. Elevated storage tank contractor is responsible for structural design of the tank and foundation. FNI will review structural design submittal of elevated storage tank contractor. 5. Electrical Engineering (for each EST): Provide Electrical plans, details, and specifications for the elevated storage tank electrical equipment, instrumentation, controls, lighting, control valve, and security intrusion alarm features. Scope will also include radio path analysis and design and EST bowl LED lighting system design. Page 3 of 22 6. Stormwater and Overflow Analysis (for each EST): Perform site visit to document the existing drainage patterns and features. Collect previously -approved Drainage Analysis Reports (DARs) for the proposed sites and reference available Master Drainage Plan Data (MDP) where available. Drainage analysis requirements will vary based on proximity to an existing Special Flood Hazard Area (SFHA). Complete required analysis and submittal as identified in the Drainage Criteria Manual (DCM). Attend up to one meeting to discuss the site drainage at all five EST sites. 3rd Street EST, Clovis Hwy. EST, and 50th Street EST Locations: For sites without an approved DAR, delineate on -site and off -site drainage areas and runoff using the appropriate methodology based on the requirements set forth in the DCM. Calculate the capacity of on -site and off -site existing drainage features in the immediate vicinity of the site. Develop proposed drainage improvements on -site and immediately off -site using normal depth analysis to carry the larger of the site runoff or tank overflow. Prepare a drainage area map of the site reflecting the results of the stonmwater and overflow analysis. For sites with an approved DAR, confirm that proposed condition complies with assumptions and calculations previously prepared. Update calculations, where required, to accommodate the proposed site conditions. Prepare and submit the Drainage Improvements for Capital Projects Documentation Checklist. 82nd Street EST and Milwaukee EST Locations For sites without an approved DAR, delineate on -site and off -site drainage areas and runoff using the appropriate methodology based on the requirements set forth in the DCM. Calculate the capacity of on -site and off -site existing drainage features in the immediate vicinity of the site. Develop proposed drainage improvements on -site and immediately off -site using normal depth analysis to carry the larger of the site runoff or tank overflow, except where locations are in the influence of a playa. Prepare a drainage area map of the site reflecting the results of the stormwater and overflow analysis. For sites with an approved DAR, confirm that proposed condition complies with assumptions and calculations previously prepared. Update calculations, where required, to accommodate the proposed site conditions. Prepare a Playa Cut/Fill Submittal in conformance with the DCM and Ordinance 38.07 and 38.08. Prepare and submit the Drainage Improvements for Capital Projects Documentation Checklist. Prepare and submit the Floodplain Development Permit in conformance with the DCM, including an Elevation Certificate and a Floodproofing Certificate. 7. FAA Coordination (for each EST): Coordinate with FAA regarding siting, height, marking, and Page 4 of 22 lighting requirements for the elevated storage tank. 8. Bid Set of Plans for Demolition of 501h Street 1.0 MG EST, Construction of 501h Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of 2,200 LF of 20" Water Line: Provide plans, specifications, contract documents, and bid proposals for construction contract to complete this project. 9. Bid Set of Plans for Construction of 82°1 Street 2.0 MG EST: Provide plans, specifications, contract documents, and bid proposals for construction contract to complete this project. 10. Bid Set of Plans for Construction of 3`d Street 2.0 MG EST: Provide plans, specifications, contract documents, and bid proposals for construction contract to complete this project. 11. Bid Set of Plans for Construction of Clovis Highway 2.0 MG EST: Provide plans, specifications, contract documents, and bid proposals for construction contract to complete this project. 12. TCEO Coordination (for each EST): FNI to lead coordination efforts with TCEQ regarding the new elevated storage tank and existing elevated storage tank rehabilitation. C. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final" drawings and specifications by Owner, FNI will proceed with the performance of services in this phase as follows: 1. Bid Phase services will be performed for the following bid packages: a. Pressure Zone Delineation Bid Package b. Demolition of 50th Street 1.0 MG EST, Construction of 50th Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of 2,200 LF of 20" Water Line Bid Package 2. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The notice to bidders will be furnished to OWNER for publication in the local news media. The cost for publications shall be paid by OWNER. 3. Distribute plans to bidders using the web -based CivCast utilized by Freese and Nichols forbidding projects. Cost for any bidder's requests for hard copies of bid documents will be paid for by bidder. Keep a record of prospective bidders and plan rooms and other parties to whom the bidding documents have been distributed. Advertise for bids on FNI's website, and keep the website updated with addenda information, plan holder lists, and bidding information. 4. Attend one (1) pre -bid conference for each construction contract. 5. Issue Addenda as appropriate to clarify, correct, or change the bidding documents. Page 5 of 22 6. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contract as appropriate. 7. Assist OWNER in the preparation of documents for execution of the construction contract. FNI will conform the contract documents, make four (4) original copies for execution. FNI will also make ten (10) conformed copies of the plans and specifications for use by the Contractor and OWNER and Engineer. The ten (10) copies will include five (5) full size copies, five (5) half size copies, and electronic PDF copy. 8. The Bid and Award phase will be considered complete upon execution of the construction contracts and distribution of the conformed copies of the plans and specifications. D. CONSTRUCTION PHASE (GENERAL REP): Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect Owner in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. 1. Construction Phase services will be provided for the following bid packages: a. Pressure Zone Delineation Bid Package b. Demolition of 50th Street 1.0 MG EST, Construction of 50th Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of 2,200 LF of 20" Water Line Bid Package 2. Assist Owner in conducting pre -construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 3. Establish communication procedures with the Owner and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 4. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for Page 6 of 22 information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 5. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 6. Make one site visits per month (Total of 21 site visits) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of Contractors and will report any observed deficiencies to Owner. Visits to the site in excess of the specified number are an additional service. 7. Notify the contractor of non -conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. 9. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 10. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Owner to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Owner. Documentation of field orders, where cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the Owner are an additional service. Page 7 of 22 11. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Owner if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 12. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 13. Conduct, in company with Owner's representative, four pre -coating site meetings (two for the Milwaukee EST and two for the 501h Street EST). 14. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of one trip are an additional service. 15. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized sets and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to Owner. Page 8 of 22 SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. ENVIRONMENTAL PERMITTING REVIEW: An FNI environmental scientist will assemble and review data such as aerial photographs, USGS topographic maps, National Wetlands Inventory (NWI) maps, and the USGS National Hydrography Dataset (NHD); conduct a site visit at ten (10) proposed EST sites; review the proposed design with the design engineers; and prepare a technical memorandum to document what, if any, environmental permits./authorizations are required. B. PHASE 1 ENVIRONMENTAL SITE ASSESSMENT: FNI shall conduct and prepare a Phase I Environmental Site Assessment (ESA) for four (4) proposed Elevated Storage Tank (EST) sites in Lubbock, Texas. The Phase I ESA will be conducted based on standards published by the Environmental Protection Agency All Appropriate Inquiries (AAI) Final Rule and ASTM International (ASTM) under Standard Guideline E1527-13, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." The following components will be included in the Phase I ESA report: a historical land use review, regulatory agency records review, site reconnaissance visit and interviews. The Phase I ESA does not include an investigation or survey for the presence of mold, lead -based paint, or asbestos. C. EVALUATION OF HEAVY METALS ASSOCIATED WITH 50TH STREET ELEVATED STORAGE TANK: FNI will review data from previous tank inspections and coatings investigations, as applicable, to determine appropriate testing for tank removal. FNI will collect up to 8 samples of paint from the exterior wall and/or legs of the elevated storage tank. FNI does not propose to collect independent samples from interior paint. Exterior paint samples will be used to represent all paint on the tank to be removed. Samples will be analyzed for total and leachable heavy metal concentrations for waste classification and worker safety purposes. FNI will prepare a letter report documenting the sample analytical results and providing any special requirements needed to be taken during tank removal. If elevated concentrations of any heavy metal compound are detected in paint samples, FNI will provide specifications for proper handling of coatings containing elevated concentrations of heavy metals during construction. D. GEOTECHNICAL ENGINEERING (FOR EACH EST): FNI will perform the following geotechnical tasks (for each EST): Coordinate field activities for site access. Contact Texas One Call System and local utilities to locate buried utilities within existing easements and right-of-way. For each tank, provide three (3) borings to a depth of 35 feet at the proposed tank pedestal perimeter and one (1) boring to a depth of 60 feet at select locations. Provide a total of seven (7) borings to a depth of 15 feet along the proposed pipeline corridors to each tank site. During drilling, obtain soil samples for testing using 3-inch diameter Shelby tubes for cohesive soils and using a 2-inch diameter split -barrel sampler for non - Page 9 of 22 cohesive soils. Perform Texas Cone Penetrometer (TCP) tests in rock and rock -like material. Backfill borings with cuttings and plug the upper foot of each boring with quick -setting concrete mix. During drilling, observations of seepage and groundwater will be recorded. Provide an engineer or geologist to log the borings, direct the drilling, record the blow counts from field tests, and handle and store the samples. Select samples for laboratory testing, assign tests, and review test results. Tests are expected include classification tests (liquid and plastic limits and percent passing the #200 Sieve), moisture contents, pressure swell tests, and unconfined compression tests. Review subsurface conditions and soil properties found by the field and laboratory work and discuss the implications for design with FNI engineers. FNI will prepare a technical memorandum of the geotechnical investigation for each tank bid package (4 total technical memoranda) presenting the boring locations, boring logs, lab test results and a discussion of general subsurface conditions at the site and their impact on the design. The report will include recommendations for subgrade preparation below the tank, recommended foundation type(s) and allowable loading, pavement design and a general discussion of construction issues. E. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm (Hugo Reed) to provide the following services: 1. Survey of five (5) EST sites. Each site survey shall include the following: a. Coordinates/Elevations relative to NAD83/NAVD88. b. Property boundary. c. Elevations across body of property sufficient to produce 1-foot contours. d. Drainage features — flow line, breaklines, swales, crowns, curbs, gutters, ditches. e. Visible indications of underground utilities including manholes, inlets, valves, pull boxes, risers, poles and transformers. f. Other underground utilities based on markings, maps, and/or drawings provided by others as the result of a Texas8I I locate. g. All existing trees over 3" in caliper measured 3' above ground level. h. Drainage structures size, type, rim, and flow line (including headwalls features). i. Pipe size, type, and flow line elevations of sanitary sewer lines to be tied into at accessible manholes. j. Signage along adjacent streets and in parking areas k. Location of visible, existing improvements. 1. Spot elevations in open areas. in. Minimum of 2 permanent control points for future construction. 2. ROW to ROW Topographic Survey of 3,400 LF Pipeline Corridor: a. 2,000 LF to Milwaukee EST b. 800 LF to 82nd Street EST c. 200 LF to 50" Street, 3`d Street, and Clovis Highway tanks. 3. Survey top of nut for 100 valves along pressure zone boundary. 4. X,Y,Z Pothole Location Data for 5 Locations at proposed connections to the distribution system. F. LAND PLATTING AND EASEMENT DOCUMENT PREPARATION: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm (Hugo Reed) to provide the Page 10 of 22 following services: 1. Boundary survey of properties necessary for title transfer and preparation of final plat (excluding the 50th Street site which is already platted and owned by the City). 2. Five (5) boundary surveys/exhibits for water line easement acquisition. 3. Preparation of four (4) final plats for recording. G. FULL-TIME SURFACE PREPARATION AND COATING INSPECTION SERVICE (FOR EACH EST): FNI will retain Boswell Consulting as a subconsultant and perform the following tasks: 1. Provide full-time Surface Preparation and Coating Inspection Service during the interior and exterior coating processes for the elevated tank. 2. Services include: a. Review of project plans and specifications to evaluate that proper surface preparation and coating application techniques are being followed. b. Submittal of Daily Reports on the days of inspections, including a record of ambient weather conditions, material batch numbers, general and sub -contractor information, and a complete summary of work completed. c. Checking coating products to verify they meet specs. d. Checking blast material and anchor profiles of steel. e. Checking mixing and application of each of the coating products. f. Checking dry film thickness after each coat is cured and before next coat is applied. g. Monitoring testing of all immersed areas for pin -holes or holidays. 3. Services include providing a coating inspector for a maximum of 840 hours on each tank. The estimated hours for inspection is an assumption and the actual required may vary depending on the Contractor's means and methods. During construction, FNI will track the inspector's hours and notify the City if additional hours are required to complete the project. 4. Welding inspection will be performed by contractor per AWWA D 107. Boswell consulting will visit the site one time for interpretation of X-ray film for weld testing. Does not include providing X-ray crew and X-ray testing. H. PUBLIC INVOLVEMENT: FNI will retain and monitor and direct, through a subcontract the efforts of a Public Involvement Firm to provide the following services: 1. Participating in four (4) internal strategy/planning meetings by phone with the consultant team. 2. Coordinating with the lead consultant and City staff on plans for public meetings related to the design and construction of each overhead storage tank. 3. Reviewing draft announcements (to be prepared by City staff) about each public meeting, and providing relevant guidance and input on the messaging and communications strategy for each. 4. Attending each public meeting and handling attendee registration on -site a. Five meetings would be held during the tank design phase (all in year one of the project) Page 11 of 22 I. EST RENDERING AND SHADOW STUDY (FOR EACH EST): FNI will the following services to aid in public meeting presentations: 1. Conduct one (1), half day (up to four hours) tank aesthetics concept meeting with City staff. At this meeting the FNI project manager and 3-D rendering technician will discuss with City staff the City's ideas and concepts for the steel bowl paint scheme and potential pedestal improvements. a. FNI will provide past examples of other composite elevated tanks that have received or concepts that show aesthetic treatments to the bowl and pedestal. b. FNI will provide tank "worksheets" for the group to sketch ideas c. At the conclusion of the meeting. City staff will provide FNI with recommendation for aesthetic improvements at each site. d. On the same day as this meeting, FNI will take photographs of the site to be used in the 3-D rendering of the aesthetic options. 2. FNI will develop one 3-D rendering for each of the potential tank sites (10 renderings total) and submit the renderings electronically to City staff for comment. 3. Upon receipt of City comments on the renderings, FNI will make the agreed upon changes and resubmit electronic versions of the renderings and provide three (3) board -mounted renderings for each tank site analyzed (10 renderings total) for use in City Council presentations. 4. FNI will take the City's preferred option, revise the 3-D renderings into a final tank concept rendering to be used in public meetings, City promotions, and design. FNI will provide the City electronic files of the rendering and one board -mounted rendering. 5. FNI will provide up to five (5) shadow cast studies for potential tank sites. Page 12 of 22 TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: • Notice to Proceed from Owner - Second Quarter 2021 • Submit 90% Level Plans and Specifications for Construction of Clovis Highway 2.0 MG EST - Third Quarter 2021 • Submit 100% Level Plans and Specifications for Construction of 3`d Street and 82nd Street 2.0 MG EST - Third Quarter 2021 • Submit 100% Level Plans and Specifications for Construction of Clovis Highway 2.0 MG EST Third Quarter 2021 The above schedule is based upon OWNER review of the design submittals within two weeks of submittal. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional time, it shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to relief from schedule as provided in this AGREEMENT. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, except any delays occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result in an adjustment to compensation. Page 13 of 22 EXHBIT A, PART 2, ADDITIONAL SERVICES ELEVATED STORAGE TANK DESIGN AND PRESSURE ZONE DELINEATION PRELIMINARY DESIGN, FINAL DESIGN and CONSTRUCTION REPRESENTATION ADDITIONAL SERVICES: Additional project administration and design services to be performed by FNI, if authorized by Owner, which are not included in the above described General Service, Basic Services, and Special Services, are, except as may otherwise provided to be performed by FNI, described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnishedby Owner. C. Providing renderings, model, and mock-ups requested by the Owner. D. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. E. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction and providing services as may be required in connection with the replacement of such Work. F. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. G. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. Preparing Operation and Maintenance Manuals or conducting operator training. J. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). L. Performing investigations, studies and analyses of substitutions of equipment and/or materials or Page 14 of 22 deviations from the drawings and specifications. M. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This provision shall not apply to any expense related to a legal action to which FNI is aparty. N. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. O. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. P. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. R. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or Special Services for periodic site visits, coordination meetings, or contract completion activities. S. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. T. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form, except as noted in the scope of services. U. Providing value engineering studies or reviews of costsavings proposed by others. V. Prepurchase or preselection or any alternate contract structure or number of contracts other than stipulated in Exhibit A — Basic Services. W. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project. Page 15 of 22 EXHBIT C, ENGINEER'S ADDITIONAL CONDITIONS ELEVATED STORAGE TANK DESIGN AND PRESSURE ZONE DELINEATION PRELIMINARY DESIGN, FINAL DESIGN and CONSTRUCTION REPRESENTATION RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. 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. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. 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. E. 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. F. 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. G. 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. H. 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. Direct FNI through an Amendment to this agreement authorized by the City's governing body to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. Page 16 of 22 Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Provide pothole of existing distribution system lines at proposed 20" water line connections (5 locations total). c. Valve functionality testing along pressure plane boundary. d. Asphalt removal and repair to aid in exposing existing valves within the system along the pressure plane boundary. e. Pay all platting fees, legal services fees. f. Pay all permits fees and mitigation cost. g. Provide land title research and title policy. h. Provide advertisement for bids in local publications as required. Page 17 of 22 EXHIBIT B, PART 1— BUDGET ELEVATED STORAGE TANK DESIGN AND PRESSURE ZONE DELINEATION PRELIMINARY DESIGN, FINAL DESIGN and CONSTRUCTION REPRESENTATION CITY and ENGINEER have established a not -to -exceed budget of 1955.522.62 for the Elevated Storage Tank Design and Pressure Zone Delineation to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment agreed upon and executed by both parties to this agreement. CITY will pay the ENGINEER hourly, for services identified in Exhibit "A, Part I", based on ENGINEERS Fee Schedule presented as EXHIBITS B, Parts 1-2. 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 is provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Activities and 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 or modification for extension on time to this AGREEMENT which shall be negotiated at that time. The budget assumes that all work will be completed within 365 calendar days from the Notice to Proceed. Page 18 of 22 EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION ELEVATED STORAGE TANK DESIGN AND PRESSURE ZONE DELINEATION PRELIMINARY DESIGN, FINAL DESIGN and CONSTRUCTION REPRESENTATION Compensation to FNI shall be computed on the basis of the following Schedule of Charges. 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 CITY for The CITY's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. Hourly Rate Position Min Max Professional 1 84 157 Professional 2 106 166 Professional 129 241 Professional 4 161 258 Professionals 196 370 Professional 208 421 Construction Manager 1 94 186 Construction Manager 2 115 201 Construction Manager 3 177 237 Construction Manager 4 217 305 CAD Technician/Designer 1 76 156 CAD Technician/Designer 2 110 167 CAD Technician/Designer 3 141 220 Corporate Project Support 1 55 133 Corporate Project Support 2 77 185 Corporate Project Support 3 111 281 Intern / Coop 45 113 Senior Advisor 175 175 Rates for In -House Services and Eauioment Mileage Bulk Printine and Reproduction Eauioment Standard IRS Rates B&W Color Valve Crew Vehicle (hour) $75 Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $100 Tech Charges Large Format (per sq. ft.) Water Quality Meter (per day) $100 8.50 per hour Bond $0.25 $0.75 Microscope (each) $150 Glossy / Mylar $0.7S $1.25 Pressure Recorder (per day) $200 Vinyl / Adhesive $1.50 $2.00 Ultrasonic Thickness Guage (per day) $275 Coating Inspection Kit (per day) $275 Mounting (per sq. ft.) $2.00 Flushing / Cfactor (each) $500 Binding (per binding) $0.25 Backpack Electrofisher (each) $1,000 Survey Grade Standard Drone (per day) $200 $100 GPS (per day) $150 $50 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. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.10. 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. These ranges and/or rates will be adjusted annually in February. Last updated February 2021. 370022021 EXHIBIT D, PROJECT REPRESENTATION ELEVATED STORAGE TANK DESIGN AND PRESSURE ZONE DELINEATION PRELIMINARY DESIGN, FINAL DESIGN and CONSTRUCTION REPRESENTATION A. The ENGINEER will provide the following construction phase staff for Demolition of 50th Street 1.0 MG EST, Construction of 50th Street 2.0 MG EST and Milwaukee 2.0 MG EST, and Construction of 2,200 LF of 20" Water Line Bid Package as follows: Resident Project Rep - Elevated Storage Tanks 24 hours per week for 77 weeks Resident Project Rep - Pressure Zone Delineation 30 hours per week for 12 weeks B. The ENGINEER will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be with ENGINEER and CONTRACTOR, keeping Owner advised as necessary. Resident Project Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of ENGINEER. C. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: Page 19 of 22 a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as Owner's liaison with CONTRACTOR when CONTRACTOR's operations affect Owner's on -site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Receive Samples which are furnished at the Site by CONTRACTOR and notify ENGINEER of availability of Samples for examination. b. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof, and observe record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. Page 20 of 22 7. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to CONTRACTOR and other Project related documents. 9. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from CONTRACTOR and recommend to ENGINEER Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and Owner the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to Owner prior to final payment for the Work. Page 21 of 22 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Observe whether CONTRACTOR has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. C. Conduct a final inspection in the company of ENGINEER, Owner and CONTRACTOR and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. D. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or CONTRACTOR. 6. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by ENGINEER. Page 22 of 22 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. 2022-852161 Freese & Nichols, Inc. Fort Worth, TX United States Date Filed: 02/18/2022 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, TX 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. PSA Amd #1 15977 EST Design & Pres. Zone Delineation - 3rd and 87th Street - Construction Phase Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Greer, Alan Fort Worth, TX United States X Payne, Jeff Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Johnson, Kevin Dallas, TX United States X Cole, Scott Fort Worth, TX United States X Reedy, Mike Houston, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Bob Fort Worth, TX United States X Wolfhope, John Austin, 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 77n24 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 18th day of February 20 22 (month) (year) Z-,I: 614 Signature of aut ized 4ent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc 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. 2022-852161 Freese & Nichols, Inc. Fort Worth, TX United States Date Filed: 02/18/2022 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, TX Date Acknowledged: 02/03/2023 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. PSA Amd #1 15977 EST Design & Pres. Zone Delineation Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Wolfhope, John Austin, TX United States X Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Reedy, Mike Houston, TX United States X Cole, Scott Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Archer, Charles Raleigh, NC United States X Payne, Jeff Fort Worth, TX United States X Greer, Alan 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) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc