HomeMy WebLinkAboutResolution - 2018-R0203 - Freese And Nichols - 06/28/2018Resolution No. 2018-0203
Item No. 6.6
June 28, 2018
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 Contract No. 14076 for Engineer
Services for the Southeast Water Reclamation Plant Electrical Improvements Phase II, 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 11lne 28, 901A
DANIEL M. POPE, MAYOR
ATTEST:
Peb'K
cca Garza, City Secre y
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., CFM,
Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs:'RES. PSC-14076.Southeast Water Reclamation Plant Electrical Improvements Phase 11
05.14.2018
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 14076 is entered into this —28
day of lijn . , 2018, 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
the Southeast Water Reclamation Plant Electrical Improvements Phase II, (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 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 cormnences on the Effective Date and continues without interruption
for a term of 730 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.
ARTICLE II. SERVICES AND COMPENSATION
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ARTICLE H. 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 $359,000 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.
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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
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regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE VM. 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 t 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 carvers admitted to do business in the state of Texas. The insurance
companies must carry a Best's Rating of A-VH 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: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
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.
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The Certificate shall provide 30 day's 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
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.
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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,
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.
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B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are:
FREESE AND NICHOLS, INC.
Jeff Hensley, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Telephone: 817-73 5 -73 69
Facsimile: 817-735-7491
C. City's Address. The City's address and numbers for the purposes of notice are:
John Turpin, P.E.,
Public Works Engineering
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: 806-775-2342
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.
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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
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, Part 1"; "A, Part 211, "B Part 1", `B,
Part 2", and "C" 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.
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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 H, 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.
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. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that:
(1) The Engineer does not boycott Israel; and
(2) The Engineer will not boycott Israel during the term of the Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
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EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
'R�
Rebecca aria, City Secretary
APPROVED AS TO CONTENT:
Michael G. Keenum, RE,
Division Director of Engineering / City Engineer
John Turpin, P
Assistant Engineer/Capital Projects and Design
APPROVED AS TO FORM:
f&A r r
K lli Leisure, Assistant City Attorney
DANIEL M. POPE, MAYOR
Firm
Freese and Nichols, Inc.
ByM9-lt
Jefftc7y N. Hensley, P.E.
Vice President
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EXHIBIT A
SCOPE OF SERVICES FOR
SOUTHEAST WATER RECLAMATION PLANT ELECTRICAL IMPROVEMENTS PHASE H
GENERAL:
A. The Southeast Water Reclamation Plant, Electrical Upgrades Phase II (the "Project") includes project
administration and design for the following:
1. Replace the following unit substation transformers: 1TL8 (225 KVA), 2TL8 (225 kVA), 1TL2
(750 kVA), 2TL2 (750 kVA), 1TM1 (1500 kVA), and 2TM1 (1500 kVA).
2. Replace 2000 amp automatic transfer (TPS-ATS).
3. Modify existing 4160V Switchgear EDLU per the following: 1) Install voltage transformers on
all three phases of incoming 4160V normal utility power, 2) Install voltage transformer on all
three phases of 4160V generator feeder and 3) Install automatic throw over controls to
automatically start generator upon loss of power in any of the three phases.
4. Replace gauges such as liquid -level gage, liquid temperature gage, and pressure vacuum gage on
existing unit substation transformers that are not properly functioning.
5. Provide power system study and arc flash analysis for entire plant's electrical power distribution
system.
6. Install back-up generator sized to operate two pumps, new 480V switchboard and associated
electrical modifications at LS 48 to accommodate generator.
7. Modifications to existing cabling associated with back-up generator powering EDLU.
Modifications include installing cable in a more permanent manner, so it is not strung along the
ground and better protected.
8. Attend pre -bid meeting
9. Attend bid opening and evaluate bids.
10. Assist OWNER in the preparation of documents for execution for the construction
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The following are not part of the Project. If added to the Project, additional compensation will be granted
to ENGINEER (sometimes deferred herein as FNI):
• Construction Phase for Southeast Water Reclamation Plant Electrical Upgrades Phase II —
General and Resident Representation services. A contract amendment for the scope and fee for
the Construction Phase may be negotiated once the Design and Bid and Award Phases have been
completed.
The OWNER shall provide the following items for the development of the Project:
1. The OWNER shall designate a person to act as OWNER's representative during the Project.
BASIC SERVICES: The Basic Services include the project administration, preliminary investigations,
preparation of detailed design and construction documents. FNI shall render the following professional
services in connection with the development of the Project.
A. Project Management
1. Attend a kickoff meeting to clarify the 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 of all parties.
Monitor schedule monthly. Monitor and update budget at milestones. Review progress with
OWNER's project team on a monthly basis.
3. FNI will prepare and deliver monthly reports to the OWNER regarding project status, anticipated
upcoming work, information needs, and scheduled milestones.
B. FINAL DESIGN PHASE: FNI will provide the following as part of the final design phase:
1. Obtain and review OWNER -furnished front-end documents, general conditions, and special
conditions for the construction contracts. Meet with OWNER to resolve review comments, and
revise OWNER's standard documents accordingly.
2. Prepare plans, specifications, contract documents, designs, and layouts of improvements to be
constructed.
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3. Advise OWNER of need for and recommend scope of Additional Services. The cost of any
additional special services are not included in the services performed by FNI unless they are
included pursuant to Exhibit A — Special Services.
4. Prepare applications for routine permits such as road and railroad crossing permits, and building
code permitting (if any).
5. Submit plans, specifications, and contract documents to the applicable federal and state agency(s)
for approval, where required. Submittals will include, but not necessarily be limited to, the TCEQ.
6. Furnish necessary information to utility companies whose facilities may be affected or services
may be required for the Project.
7. 60% Review: Furnish OWNER ten (10) copies of preliminary (60%) plans and specifications
marked "Preliminary" for approval by OWNER. FNI will meet with the OWNER to present the
preliminary plans and specifications and receive comments. Review documents will include
dimensional layout drawings, plans, sections and elevations of the facilities for all of the trades,
typical details, and most special details. The drawings will be in sufficient development to show
the overall layouts and design intent, but will lack many notes and minor details. The specifications
will include the front end documents and draft specifications for major equipment items.
8. 95% Review: Furnish OWNER ten (10) copies of preliminary (95%) plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER. FNI will meet with the OWNER to
present the preliminary plans and specifications and receive comments. Upon final approval by
OWNER, FNI will complete the plans and specifications and provide OWNER ten (10) sets of
copies of "Final" plans and specifications. Review documents will include all drawing sheets and
specifications with some minor corrections and notes still remaining.
9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed.
10. Prepare revised opinion of probable construction cost at 60% and 95% Reviews.
C. BID AND AWARD PHASE: Upon completion of the design services and approval of "Final" plans
and specifications by OWNER, FNI will proceed with the performance of services in this phase as
follows:
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1. 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.
2. Attend a pre -bid conference, if any, for each of the construction contracts.
3. Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
4. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish
recommendations on the award of contracts as appropriate.
5. Assist OWNER in the preparation of documents for execution of the construction contracts. FNI
will conform the contract documents, make six original copies for execution. FNI will also make
twenty conformed copies of the plans and specifications for use by the Contractor and OWNER
and Engineer. The twenty copies will include ten full size copies and ten half size copies.
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 provide geotechnical engineering services as follows:
The proposed geotechnical scope of work will consist of field exploration, laboratory testing, engineering
analysis and reporting, and design as presented below.
Task 1—Field Exploration
Freese and Nichols will have a local subcontractor perform the exploratory core borings at the plant, as
well as provide the laboratory soils tests. The subcontractor will provide a data report conveying logs
of borings and results of laboratory soils tests. The following scope will be implemented:
1. Select two boring locations within the proposed foundation area and notify Texas 811 and plant
personnel regarding utilities near the proposed boring locations.
2. Drill a total of 2 borings, each to a depth of 20 feet at the proposed location of the generator
associated with LS48. Samples will be collected intermittently using Continuous flight augers and
either split -spoon or tube samplers. Rock and rock -like materials tested in -situ using a TxDOT
Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be
backfilled with auger cuttings.
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Task 2 — Laboratory Testing
1. Testing by the local subcontractor shall be performed on samples obtained from the borings to
determine soil classification and pertinent engineering properties of the subsurface materials. FNI
will select samples for laboratory testing, assign tests, and review the test results.
2. Laboratory tests will be assigned based on the specific subsurface materials encountered during
exploration. Test type and quantity may vary, but are expected to include:
a. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation)
b. Moisture content
c. Dry unit weight
d. Unconfined compressive strength
Task 3 — Engineering Analysis and Reporting
1. Prepare a technical memorandum summary report of the geotechnical investigation to include:
a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the
symbols used.
b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory
work, and the implications for design.
c. Foundation and site preparation recommendations for a slab -on -grade foundation for the
generator.
d. Earthwork related recommendations for use during development of the plans and
specifications.
B. Transformer Oil Gas Analysis: FNI will hire a third party testing agency to take oil samples from
transformers not being replaced under this project and that are greater than five years old to determine
the internal health of the transformer.
C. Topographical Survey FNI will hire a surveyor to conduct a topographical survey of the area where
4160V switchgear EDLU is being modified and where new generator is being installed at LS48.
TIME OF COMPLETION: 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:
• 60% Design Submittal — Submit 60% design submittal within 150 calendar days of
written notice to proceed.
• 95% Design Submittal — Submit 95% design document within 90 calendar days of
60% design submittal review meeting with the City.
• Final (100%) Design Submittal — Submit final design submittal within 60 calendar days of
90% design submittal review meeting with the City.
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• 95% Power System Studies — Submit 95% review submittal for Power System
Studies/Arc Flash Analysis within 240 days of written
notice to proceed.
• Final Power System Studies — Submit final Power System Studies/Arc Flash Analysis
within 60 days of 95% review meeting with the City.
The above schedule is based upon OWNER review of the submittals within three 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.
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative — Zoltan Fekete 1625 13"' Street, Lubbock, Texas 79401; Phone
806-775-3317; email: ZFekete@mail.ci.lubbock.tx.us
Freese and Nichols Project Manager: Jeff Hensley, 4055 International Plaza, Suite 200, Fort Worth,
Texas 76109-4895; Phone: 817-735-7300, Fax: 817-735-7491; email: jnh@freese.com
Freese and Nichols Accounting Representative: Sharon James, 4055 International Plaza, Suite. 200,
Fort Worth, Texas 76109-4895; Phone: (817)735-7300, Fax: (817)735-7491; email: sdj@freese.com
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EXHBIT A, PART 2, ADDITIONAL SERVICES
SOUTHEAST WATER RECLAMATION PLANT ELECTRICAL IMPROVEMENTS PHASE II
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. Construction phase services. Construction Phase Services for the Project are not included in this
contract. The scope and fee for Construction Phase Services may be negotiated if the City and
FNI jointly agree once the Final Design and Bid and Award Phases have been completed.
B. Geotechnical Engineering for other locations not identified in Exhibit A - Special Services.
C. GIS mapping services or assistance with these services.
D. Field layouts or the furnishing of construction line and grade surveys.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by Owner.
F. Providing renderings, model, and mock-ups requested by the Owner.
G. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
H. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
I. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
J. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
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K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
L. Preparing Operation and Maintenance Manuals or conducting operator training.
M. 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.
N. 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).
O. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
P. 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 a party.
Q. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance
(beyond the TPDES Amendment shown in Special Services), and other assistance required to
address environmental issues.
R. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
S. 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.
T. Services required to resolve bid protests or to rebid the projects for any reason other than fault of
any type or degree of FNI.
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U. Any service required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete work within the contract time.
V. Providing services after the completion of the construction phase not specifically listed in Article
I.
W. 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.
X. Providing value engineering studies or reviews of cost savings proposed by others.
Y. Pre -purchase or pre -selection or any alternate contract structure or number of contracts other than
stipulated in Exhibit A — Basic Services.
Z. Provide any services after the satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project.
AA. Provide follow-up professional services during Contractors warranty period.
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EXHIBIT C, ENGINEER'S ADDITIONAL CONDITIONS
SOUTHEAST WATER RECLAMATION PLANT ELECTRICAL IMPROVEMENTS PHASE II
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to
delay the services of FNI:
Wherever used in this document, the term Engineer includes Engineer's officers, directors,
partners, employees, agents, and Engineers Consultants. (this is assumed as "Engineer" is FNI the
entity, not a specific person.
A. Designate in writing a person to act as Owner's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with respect
to FNI's services for the Project. (identified on p. 16)
B. Provide all criteria and full information as to Owner's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which Owner will require to be included in the drawings and specifications.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project as provided in
this AGREEMENT.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of FNI.
F. Fumish 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.
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G. Attend the pre -bid conference, bid opening, preconstruction conference, construction progress and
other job related meetings and substantial completion inspections and final payment inspections.
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.
I. 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.
J. Provide the following services, unless provided specifically otherwise in this Agreement:
a. Pay all permits fees and mitigation cost.
b. Provide advertisement for bids in local publications as required.
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EXHIBIT B, PART 1— BUDGET
SOUTHEAST WATER RECLAMATION PLANT ELECTRICAL IMPROVEMENTS PHASE H
CITY and ENGINEER have established a not -to -exceed budget of $359,000 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 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 730 calendar days from the Notice to Proceed.
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EXHIBIT B, PART 2, HOURLY RATE SCHEDULE COMPENSATION
SOUTHEAST WATER RECLAMATION PLANT ELECTRICAL IMPROVEMENTS PHASE H
COMPENSATION
Not to Exceed: Compensation to FNI for Basic Services in Attachment
SC shall be computed on the basis of the Schedule of Charges, but shall
not exceed Three Hundred Fifty -Nine Thousand Dollars ($359,000.00).
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 Exhibit A, FNI will notify OWNER for
OWNER's
approval before proceeding. Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charges:
Position
Rate
Position
Rate
PRINCIPAL
389
3D VISUALIZATION COORDINATOR
190
GROUP MANAGER
272
ENVIRONMENTAL SCIENTIST VII
243
ENGINEER Vill
295
ENVIRONMENTAL SCIENTIST VI
212
ENGINEER VII
289
ENVIRONMENTAL SCIENTIST V
179
ENGINEER VI
251
ENVIRONMENTAL SCIENTIST IV
156
ENGINEER V
196
ENVIRONMENTAL SCIENTIST III
134
ENGINEER IV
179
ENVIRONMENTAL SCIENTIST II
94
ENGINEER III
159
ENVIRONMENTAL SCIENTIST 1
93
ENGINEER II
150
ARCHITECT VI
214
ENGINEER 1
124
ARCHITECT V
194
ELECTRICAL ENGINEER VI
238
ARCHITECT IV
156
ELECTRICAL ENGINEER V
192
ARCHITECT III
150
ELECTRICAL ENGINEER IV
158
ARCHITECT II
121
ELECTRICAL ENGINEER III
145
ARCHITECT 1
104
ELECTRICAL ENGINEER II
140
PLANNER VI
226
ELECTRICAL ENGINEER
133
PLANNER V
174
MECHANICAL ENGINEER VI
228
PLANNER IV
137
MECHANICAL ENGINEER V
202
PLANNER III
125
MECHANICAL ENGINEER IV
177
PLANNER I
103
MECHANICAL ENGINEER III
156
HYDROLOGIST V
196
PROGRAM MANAGER II
233
HYDROLOGIST IV
154
CONSTRUCTION CONTRACT ADMIN III (Manager)
195
HYDROLOGIST III
142
CONSTRUCTION CONTRACT ADMIN III (Spec. Insp)
160
HYDROLOGIST II
130
CONSTRUCTION CONTRACT ADMIN III (CM)
145
SENIOR GEOLOGIST
152
CONSTRUCTION CONTRACT ADMIN III (RPR)
111
GEOTECHNICAL ENGINEER VI
251
CONSTRUCTION CONTRACT ADMIN II (RPR)
126
PUBLIC INVOLVEMENT COORDINATOR
143
CONSTRUCTION CONTRACT ADMIN I (DCS II)
118
WEB SERVICES ADMINISTRATOR
167
CONSTRUCTION CONTRACT ADMIN I (DCS)
106
WORD PROCESSING/SECRETARIAL
86
DOCUMENT CONTROL CLERK
110
OPERATIONS ANALYST
155
SR DESIGNER
197
CONTRACT ADMINISTRATOR
98
DESIGNER II
168
INFORMATION SERVICES ADMINISTRATOI
85
DESIGNER 1
141
INFORMATION SERVICES CLERK III
67
CADD DESIGNER
168
INFORMATION SERVICES CLERK II
63
TECHNICIAN IV
145
INFORMATION SERVICES CLERK 1
62
TECHNICIAN III
115
CO-OP
75
TECHNICIAN II
96
STORMWATER ENGINEER VII
215
TECHNICIAN 1
74
STORMWATER ENGINEER VI
198
GIS COORDINATOR
148
STORMWATER ENGINEER V
175
GIS ANALYST IV
138
STORMWATER ENGINEER IV
150
GIS ANALYST III
114
STORMWATER ENGINEER III
131
GIS ANALYST II
97
STORMWATER ENGINEER II
113
GIS ANALYST 1
75
STORMWATER ENGINEER 1
106
Rates for In -House Services
Technology Charge Bulk Printina and Reproduction
$8.50 per hour Black and White
$0.10 per copy
Color
$0.25 per copy
Travel Plot - Bond
$2.50 per plot
Standard IRS Rates Plot - Color
$5.75 per plot
Plot - Other
$5.00 per plot
Binding
$0.25 per binding
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.
LUBtS
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