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HomeMy WebLinkAboutResolution - 2022-R0088 - Contract 16390 with Freese and Nichols 2.22.22Resolution No. 2022-R0088 Item No. 7.9 February 22, 2022 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 fo; and on behalf of the City of Lubbock, Professional Services Agreement No. 16390 for the Bluc Sky Lateral project, by and between the City of Lubbock and Freese and Nichols, Inc., a Texa; Corporation, and related documents. Said Contract is attached hereto and incorporated in thi; resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 22, 2022 DANIEL M. POP , MAYOR ATTEST: Re cca Garza, City Se eta APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: &OLV44-tz- Alli Leisure, Assistant City Attorney ccdocs/RESTSA-No.16390 FNI Blue Sky Lateral 2.7.22 Resolution No. 2022-R0088 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16390 is entered into this 22nd day of February 2022, 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 Blue Sky Lateral, (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 $350,000, 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. 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 Page 2 of 11 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 Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page 4 of 11 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 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. 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, Page 5of11 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. Heather Keister, P.E., CFM 1500 Broadway, Suite 1150 Lubbock, Texas 79401 Telephone: 806.686.2706 C. City's Address. The City's address and numbers for the purposes of notice are: Katy Allen, EIT City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: kaitlynallen@mylubbock.us Telephone: 806.775.2337 Page 6 of 11 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. 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 Page 7 of 11 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. 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 Page 8 of 11 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 Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. 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. Page 9 of 11 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. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: e lecca Garza, City Secret ry APPROVED AS TO CONTENT: Mi ael G. eenum, P.E., CFM, Divi ion Dir ctor of Engineering/City Engineer Jesica McEachern, Assistant City Manager Page 10 of 11 APPROVED AS TO FORM: e11i Leisure, Assistant City Attorney Firm FREESE ANJ�,NICHOLS, INC. F. Dewar, P.E. President/Principal Page 11 of 11 EXHIBIT A SCOPE OF SERVICES FOR: ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, DESIGN OF BLUE SKY LATERAL GENERAL: Engineer Services for Northwest Lubbock Drainage Improvements (The "Project") includes the project administration and design for connections to existing stub outs, lateral pipe extensions, tower inlet structures and erosion controls systems for the Blue Sky Lake (1-054). This contract will include: 1. Design of the Blue Sky lake inlet structure, water quality treatment unit, lateral pipe extension, and erosion control systems for the named inlet and lateral. 2. Bid and Award of Bid Package. The general representation, construction services, resident representation, and/or onsite inspection for the Blue Sky Lateral 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. 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 management 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 in addition to various meetings mentioned in the following sections. Prepare and distribute minutes of the meetings. All meetings provided for in this Agreement shall occur at the offices of the ENGINEER or the OWNER, or other location determined by the OWNER. 3. Provide monthly update reports which include the following: *Status of the work Page 1 of 11 *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. Hydrologic and Hydraulic Modeling: ENGINEER will utilize ICPR4 to model the NWLDIP system: a. Existing Conditions Model: Reference 1D/2D ICPR4 model completed as part of NWLDIP Phase 3 design. Include existing development conditions within watersheds for 10-, 50-,100- and 500-year storms. The model will be updated with any pertinent as -built data from the construction of Phase 3. The model will incorporate any changes to storm sewer systems, and/or added drainage easements that affect playa Lake 54. b. Proposed Conditions Model: Reference and refine 1D/2D ICPR4 Proposed Conditions Model completed during Phase design. Two separate flow conditions for the 10-, 50-, 100-, and 500-year storms will be evaluated using the Proposed Conditions Model: c. FEMA Comparison: Review playa water surface elevations for the 100-year design storm and BFE elevations as compared to effective FEMA elevations for Existing and Proposed Conditions Models. d. Prepare and submit the Drainage Improvements for Capital Projects Documentation Checklist to inform MDP Update. 2. Meetings: FNI will prepare meeting agendas and minutes for all meetings listed below: a. Attend one franchise utility coordination meeting and review proposed alignment for impacts. b. Attend workshops to review OWNER's comments on the construction design plans submitted for the 30%, 60% and 90 % review. 3. Design Milestones: A preliminary alignment will be provided to the OWNER at the 30% submittal. Design submittals for each bid package shall be provided by FNI to the OWNER at 60%, 90% and 100%. 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. Review meetings will be held with the Owner at the 60% and 90% design Page 2 of 11 milestones. 4. Design Scope: Prepare design plans consisting of the following sheets: Title Sheet Vicinity & Location Map General Notes Project Layout and Survey Control Test Hole and Monitor Well Layout Drainage Area Map and Calculations Allowable Materials Storm Drain Plan and Profile Inlet Details Water Quality Treatment Unit Details Trench Details Tunnel Details Paving Details Manhole Details Water and Sewer Details Structural Details Grading Plan and Details Traffic Control Plan and Notes Pavement Marking and Signing Plan Erosion Control Plan Provide final layout, control, alignment, plan and profile, inlet grading, traffic control, marking, SWPPP, and inlet, trench, tunnel, pavement repair, manhole, water, sewer, structural, grading, traffic control notes, and SWPPP details. Plans shall also include vicinity and location map, drainage area map, general notes, location of geotechnical borings and monitor wells, and allowable materials for each segment of the system. S. Structural Engineering (for inlet): Provide Structural plans, cross -sections, details, and specifications for the inlet. 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 Phase 3a. 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 Page 3 of 11 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. 5. Issue Addenda as appropriate to clarify, correct, or change the bidding documents. 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. SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. GEOTECHNICAL ENGINEERING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm to provide the following services: 1. Conduct 4 borings to an average depth of 25 feet. Drilling will occur through existing pavements within the existing right-of-ways. 2. Samples will be collected intermittently using continuous flight augers and either split -spoon or tube samplers. Rock/rock-like material will be tested insitu using a TxDOT Cone Penetration Test. 3. Groundwater and seepage observations will be made during drilling, at the end of drilling, and at 10 to 30 minutes after the completion of drilling. 4. Provide an engineer or geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to the Unified Soil Classification System (USCS). 5. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. 6. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: classification tests, moisture content, dry unit weight, unconfined compressive strength, one-dimensional swell 7. The ENGINEER shall prepare a detailed geotechnical engineering study. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. B. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm to provide the following services: 1. Survey of the project alignment route and alternative routes in public ROW or dedicated easement for the limits of the ROW or Easement corridors, and the proposed inlet locations near playa lakes. Page 4 of 11 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 Texas811 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. I. Spot elevations in open areas. m. Minimum of 10 permanent control points for future construction. C. LAND PLATTING AND EASEMENT DOCUMENT PREPARATION: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm to provide the following services: 1. Boundary survey of properties necessary for title transfer and preparation of final plat. 2. Three (3) boundary surveys/exhibits for inlet/lateral easement acquisition. 3. Preparation of three (3) final plats for recording. D. SUBSURFACE UTILITY ENGINEERING (SUE): FNI will retain and monitor and direct, through a subcontract, the efforts of a SUE firm to provide the following services: 1. Provide Subsurface Utility Engineering (SUE) to Quality Level A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. 2. Quality Level D a. Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. b. Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. c. Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. d. Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Page 5 of 11 3. Quality Level C (includes tasks as described for Quality Level D) a. Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. b. Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. c. Survey surface features of subsurface utility facilities or systems. d. The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. e. Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. f. Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. g. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. h. Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. 4. Level B (includes tasks as described for Quality Level Q a. Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. b. Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. c. Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems. d. Resolve differences between designated utilities and utility records and surveyed appurtenances. e. Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. f. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. 5. Level A a. Expose and locate utilities at specific locations. b. Tie horizontal and vertical location of utility to survey control. c. Provide utility size and configuration. d. Provide paving thickness and type, where applicable. e. Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. f. A total of four (4) Level A SUE locations are included in the contract. Page 6 of 11 E. TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services for one bid packages in accordance with the following schedule: 30% Submittal — 90 calendar days from date of signed contract by Owner 60% Submittal — 90 calendar days from receipt of PER comments from Owner 90% Submittal —90 calendar days from receipt of 60% comments from Owner 100% Submittal — 60 calendar days from receipt of 90% comments from Owner 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 7 of 11 EXHIBIT A, PART 2, ADDITIONAL SERVICES ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, DESIGN OF BLUE SKY LATERAL 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 be provided by FNI, described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. 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. C. 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. D. 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). E. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. F. 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. G. Providing environmental support services including preparation of a Jurisdictional Determination (JD) Report, preparation of a JD Request, preparation of a Pre -application Meeting Request Form or conducting a meeting with the USACE, preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the USACE, conducting function or condition assessments (e.g., TXRAM) of waters of the U.S. potentially impacted by the proposed project, conducting presence/absence surveys for federally listed threatened/endangered species, conducting cultural resources studies or surveys, conducting Phase 1/II Environmental Site Assessment; and other environmental services not specifically defined in this scope of services. H. 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. Page 8 of 11 Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. 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. K. Providing value engineering studies or reviews of costsavings proposed by others. L. Provide Construction engineering services, construction project management services, or RPR services. Page 9 of 11 EXHIBIT B, PART 1— BUDGET ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, DESIGN OF BLUE SKY LATERAL CITY and ENGINEER have established a not -to -exceed budget of $350,000 for Engineer Services for the Northwest Lubbock Drainage Improvements Project Design of Blue Sky Lateral 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 1", 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 330 calendar days from the Notice to Proceed. Page 10 of 11 EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3A DESIGN OF BLUE SKY LATERAL 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 Sates for In -House Services Technology Charge Bulk Printine 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 Binding (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 other than 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. Page 11 of 11