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HomeMy WebLinkAboutResolution - 2018-R0207 - Freese And Nichols - 06/28/2018Resolution No. 2018-RO207 Item No. 6.9 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. 14121 for Engineer Services relating to the Demolition of Pump Station 7, Low Head B, and the Reese Pipeline, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on _ June 29, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Sec tary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO CONTENT: Projects and Design AS TO elli Leisure, Assistant City Attorney ccdocs/RES.PSC-14121.Demolition of Pump Station 7 05,29.2018 Resolution No. 2018-RO207 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK This Professional Service Agreement ("Agreement") Contract No. 14121 is entered into this 28th day of June , 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 Demolition of Pump Station 7, Low Head B, and the Reese Pipeline, (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 1. TERM The term of this Agreement commences 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. Page 1 of 10 ARTICLE II. SERVICES AND COMPENSATION A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $593,094.00, as set forth in Exhibit "B", ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to Engineer. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event Engineer breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract 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. Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Engineer has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of Engineer. This Contract constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and 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. Engineer will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional 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. Engineer warrants that any materials provided by Engineer for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. Engineer shall be solely responsible for ensuring that any materials provided by Engineer pursuant to this Contract satisfy this requirement and Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK 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 Engineer and City agree that Engineer shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or 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, Page 3 of 10 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 Vlll. 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: $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. Page 4 of 10 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. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract 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 Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS 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 Contract, provided that City approves the retaining of Sub -consultants. Engineer is at all times responsible to City to perform the Services as provided in this Agreement and Engineer is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by Engineer shall be required by Engineer to carry, for the protection and benefit of the City and Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by Engineer in this Contract. 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 Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 10 ARTICLE XI. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE 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 Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from Engineer to City or City to Engineer is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 10 B. Engineer's Address. Engineer's address and numbers for the purposes of notice are: FREESE AND NICHOLS, INC. Nicholas Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth Texas, 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 C. City's Address. The City's address and numbers for the purposes of notice are: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-3397 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES A. Provision of Data. City shall furnish Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to Engineer's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of Engineer's Services under this Contract (the "Provided Data!). Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Engineer's books and records with respect to this Contract between Engineer and City. Page 7 of 10 C. Records. Engineer shall maintain records that are necessary to substantiate the services provided by Engineer. D. Assignability. Engineer may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and Engineer, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of Engineer, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE 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 CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by Engineer and City. 1. Entire Agreement. This Contract, including Exhibits "A Parts 1-2, B Parts 1-2, C, and D" attached hereto, contains the entire agreement between the City and Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. Page 8 of 10 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or Engineer of a breach of this Agreement must be in writing 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 City and Engineer. N. Non -Appropriation. All funds for payment by the City under this Contract 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 Contract, the City will terminate the Contract, 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 Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, 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 Contract beyond the Non -Appropriation Date. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Daniel M. Pope, MAYOR ATTEST: Rebec t ana, City Secretary APPROVED AS TO CONTENT: Michael G. Keentnn, P.E. CFM, Division Director of Engineering/ City Engineer APPROVED AS TO CONTENT: r John Ttnptn, P ., sistant City Engineer/ Capital Projects and Design APPROVED AS TO FORM: k elli Leisure, Assistant City Attorney Firth FREESE AND NICHOLS. INC. By: AiiaGah c{ 1iy Nicholas Lester, P.E., Vice President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES FOR: DEMOLITION OF PUMP STATION 7, LOW HEAD B AND THE REESE PIPELINE FINAL DESIGN and CONSTRUCTION REPRESENTATION GENERAL: A. Demolition of Pump Station 7, Low Head B and the Reese Pipeline (The "Project") includes the project administration and design, bid and award, general construction representation, and onsite resident representation of the following facilities: 1. Demolition of Pump Station 7, One 5 MG GST and One 2 MG GST 2. Demolition of Low Head B Pump Station 3. Design of pipeline improvements to the 45-inch Bailey County Line at the Low Head B site 4. Motor Operate Isolation valves on the 24-inch High Pressure pipeline and the 24-inch Low Pressure pipeline at the LOW HEAD B site S. Demolition of approximately 44,000 LF of 14-inch Reese Pipeline and associated appurtenances 6. New 36-inch flow -meter vault at Pump Station 7 site B. The Project will be one bid package. C. The following facilities are not part of the Project. If added to the Project, this Agreement may be amended to provide such facilities, and additional compensation may be granted to Engineer therein. 1. Design of Demolition of the Electrical substations or power transmission lines at the LOW HEAD B and Pump Station 7 sites. 2. Asbestos Survey of the Reese Pipeline. BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and reports, preparation of detailed design, as set forth herein, and construction documents. Construction bid and award services, construction phase services, resident representation services during construction, operation and maintenance manuals, startup services, commissioning, and personnel training will be incorporated in subsequent amendments if desired by the City (Sometimes referred to as "OWNER"). Page 1 of 18 Engineer sometimes referred to as "FNI" shall render the following professional services in connection with the development of the Project: A. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of the preliminary and final design phase of The Project: 1. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review pertinent data, review Project staffing and organization, and present the Initial work plan and schedule. 2. Provide administration and managements of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. Attend monthly coordination meetings (up to 4) with the OWNER. Prepare and distribute minutes of the meetings. All meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. 3. Assist the OWNER with the public information program, including the preparation of exhibits and associated descriptive material. A total of two meetings in Lubbock are included. 4. Provide monthly update reports which include the following: *Status of the work *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. FINAL DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. Obtain and review OWNER -furnished front-end documents, general conditions, and special conditions for the construction contracts. Meet with OWNER to review comments, and revise OWNER's standard documents accordingly. 2. Prepare plans, specifications, contract documents, designs, and layouts of improvements to be constructed. 3. Advise OWNER of need for and recommend scope of additional subsurface investigations, special analysis, and the retention of special consultants. The cost of any additional special services shall be paid by OWNER and are not included in the services performed by ENGINEER unless they are Page 2 of 18 included pursuant to Exhibit A —Special Services. 4. Prepare applications for permits Including but not limited to road and railroad crossing permits, building code permitting (if any). ENGINEER will provide supporting documents to the construction contractor(s) for their application of NPDES/TPDES Permitting. Any permitting effort required because of new regulations that become effective after the signing of this contract will be considered additional services. 5. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. Submittals will include TCEQ if required. 6. Furnish necessary information to utility companies whose facilities may be affected, or services maybe required for the Project. Provide site civil design of the pump station sites to support the electric utilities site requirements for the demolition. 7. Level 2 Review: Furnish OWNER six (6) copies of preliminary (60%) plans and specifications marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to present the preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with OWNER to receive comments. Level 2 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. Level 3 Review: Furnish OWNER five (5) copies of preliminary (95%) plans, specifications, and bid proposals marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to present the preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with OWNER to receive comments. Upon final approval by OWNER, ENGINEER will complete the plans and specifications and provide OWNER five (5) sets of copies of "Final" plans and specifications. Level 3 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 the Level 2 and 3 Reviews. C. CONSTRUCTION PHASE (GENERAL REP): Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect Owner in providing these services however, it is understood that FNI does not guarantee the Page 3 of 18 Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. 1. Assist Owner in conducting pre -construction conference(s) with the Contractor's), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Owner and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 3. Establish and maintain -a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 4. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. Make one site visits per month (Total of 5 site visits) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the Owner against Page 4 of 18 defects and deficiencies in the work of Contractors and will report any observed deficiencies to Owner. Visits to the site in excess of the specified number are an additional service. 6. Notify the contractor of non -conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. 8. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Owner, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 9. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Owner to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Owner. Documentation of field orders, where cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the Owner are an additional service. 10. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Owner on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Owner if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. 11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. Page 5 of 18 12. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. 13. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized sets and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to Owner. SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm (Hugo Reed) to provide the following services: 1. Reese 14" Pipeline: a. Tie in location markers provided by the City at approx.100-foot intervals from US Highway 84 to 41 Street and Research Blvd. b. Determine right-of-way limits of county road. 2. Pump Station 7 Boundary/Improvement Survey: a. Boundary survey showing above -ground improvements (corners of building, vaults, outline of driveways, fence, gates, etc.) and marked/staked utilities that will be located by the city or others. Utility surveying to accompany SUE. 3. Low Head B Pump Station Site: a. Boundary survey showing above -ground improvements (corners of building, vaults, outline of driveways, fence, gates, etc.) and marked/staked utilities that will be located by the city or others. Utility surveying to accompany SUE. B. SUBSURFACE UTILITY ENGINEERING: FNI will retain and monitor and direct, through a subcontract the efforts of a Subsurface Utility Engineering Firm (Hugo Reed/Rios) to provide the following services: 1. Subsurface Utility Engineering: Designate utilities (x, y) for the Pump Station 7 Site for the area shown in the attached map exhibit. Designation shall be level B. Page 6 of 18 2. Locate up to 10 utilities (x, y, z) to be determined by the Engineer. Excavations shall be by vacuum excavator. 3. Subsurface Utility Engineering: Designate utilities (x, y) for the Low Head B Pump Station Site for the area shown in the attached map exhibit. Designation shall be level B. 4. Locate up to 10 utilities (x, y, z) to be determined by the Engineer. Excavations shall be by vacuum excavator. 5. No SUE for the Reese Pipeline is included. Page 7 of 18 TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: • Notice to Proceed from Owner — Third Quarter 2018 • Submit 60% Level Plans — Fourth Quarter 2018 • Submit 95% Level Plans and Specifications — First Quarter 2019 • Submit 100% Plans and Specifications — First Quarter 2019 The above schedule is based upon OWNER review of the design submittals within two weeks of submittal. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional time, it shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to relief from schedule as provided in this AGREEMENT. These delays may include but are not limited to delays In OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, except any delays occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result in an adjustment to compensation. Page 8 of 18 EXHBIT A, PART 2, ADDITIONAL SERVICES DEMOLITION OF PUMP STATION 7, LOW HEAD B AND THE REESE PIPELINE FINAL DESIGN and CONSTRUCTION REPRESENTATION ADDITIONAL SERVICES: Additional project administration and design services to be performed by FNI, if authorized by Owner, which are not included in the above described General Service, Basic Services, and Special Services, are, except as may otherwise provided to be performed by FNI, described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. C. Providing renderings, model, and mock-ups requested by the Owner. D. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. E. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction and providing services as may be required in connection with the replacement of such Work. F. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. G. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. I. Preparing Operation and Maintenance Manuals or conducting operator training. J. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims Page 9 of 18 disputes with Contractor(s). L. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. M. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This provision shall not apply to any expense related to a legal action to which FNI is a parry. N. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. O. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. P. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. R. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or Special Services for periodic site visits, coordination meetings, or contract completion activities. S. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. T. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form, except as noted in the scope of services. U. Providing value engineering studies or reviews of cost savings proposed by others. V. Prepurchase or preselection or any alternate contract structure or number of contracts other than stipulated in Exhibit A— Basic Services. W. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project. Page 10 of 18 EXHBIT C, ENGINEER'S ADDITONAL CONDITIONS DEMOLITION OF PUMP STATION 7, LOW HEAD B AND THE REESE PIPELINE FINAL DESIGN and CONSTRUCTION REPRESENTATION RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project as provided in this AGREEMENT. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. Page 11 of 19 G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. 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. Provide land acquisition services. b. Provide location every 500 feet of the Reese 14-inch Pipeline c. Pay all permits fees and mitigation cost. d. Provide land title research and title policy. e. Provide advertisement for bids in local publications as required. Page 12 of 18 EXHIBIT B, PART 1— BUDGET DEMOLITION OF PUMP STATION 7, LOW HEAD B AND THE REESE PIPELINE FINAL DESIGN and CONSTRUCTION REPRESENTATION CITY and ENGINEER have established a not -to -exceed budget of $593,094.00 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 EXHIBIT 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 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 of 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. Page 13 of 18 EXHIBIT D, PROJECT REPRESENTATION DEMOLITION OF PUMP STATION 7, LOW HEAD B AND THE REESE PIPELINE FINAL DESIGN and CONSTRUCTION REPRESENTATION A. The ENGINEER will provide the following construction phase staff for construction of demolition of Pump Station 7, LOW HEAD B, and the Reese Pipeline as follows: Resident Project Rep 40 hours per week for 20 weeks B. The ENGINEER will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be with ENGINEER and CONTRACTOR, keeping Owner advised as necessary. Resident Project Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of ENGINEER. C. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: Page 14 of 18 a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as Owner's liaison with CONTRACTOR when CONTRACTOR's operations affect Owner's on -site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Receive Samples which are furnished at the Site by CONTRACTOR and notify ENGINEER of availability of Samples for examination. b. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. S. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof, and observe record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. Page 15 of 18 7. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to CONTRACTOR and other Project related documents. 9. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from CONTRACTOR and recommend to ENGINEER Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and Owner the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed Page 16 of 18 and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to Owner prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Observe whether CONTRACTOR has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Conduct a final inspection in the company of ENGINEER, Owner and CONTRACTOR and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. D. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. S. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or CONTRACTOR. 6. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by ENGINEER. Page 17 of 18 EXHIBIT B, PART 2, HOURLY RATE SCHEDULE COMPENSATION DEMOLITION OF PUMP STATION 7, LOW HEAD B AND THE REESE PIPELINE FINAL DESIGN and CONSTRUCTION REPRESENTATION Page 18 of 18 Freese and Nichols, Inc. City of Lubbock Demolition Project 2/5/2018 Detailed Cost Breakdown Project Fee Summary Basic Services 516,644 Special Services 76,450 Total Project 593,094 Contract/Subcontract Management 16 $ 136 QA/QC Reviews (30%,60%, 90%) 30 $ 255 Constructability Reviews 12 $ 102 Cost Estimates 16 $ 136 Internal Coordination Meetings (6) 32 $ 272 Permits 8 $ 68 $ - DESIGN _ Environmental Checks and Demo Specs 20 $ 170 General Sheets (3) 87 $ 740 Site Plans (3) 111 $ 944 Demo Plans (9) 281 $ 2,389 Piping Improvments at LHB (6 - 3 civil, 3 elect) 129 $ 1,097 Piping Improvments at PS 7 (2-civil) 54 $ 459 Flow Meter Vault at 7 (8, 2-civil, 3-elec, 3-struct) 158 $ 1,343 Details (4) 118 $ 1,003 Specification Preparation 170 400 400 20 $ 1,590 Hydraulic Modeling 32 4,800 1,600 20 $ 1,157 Demo Reese Tank Site 35 $ 298 BID AND AWARD $ _ Advertise Project 4 $ 34 Bidding Assistance 36 $ 306 Attend Prebid Meeting 20 100 1200 $ 1,600 Attend Bid Opening 10 100 1200 $ 1,515 Tabulating and evaluating Bids 4 $ 34 Award Letter 3 5,600 4,000 25 1 $ 1,592 Conform and Execute Documents 54 $ 459 $ - GENERAL REP $ _ Pre -con Meeting 20 100 1200 $ 1,600 Construction Phase Submittal Reviews (30 Submittals) 89 $ 757 Construction Site Visit (1 per month, 5 months) 116 500 3600 $ 5,496 Record Drawings 66 $ 561 $ - RESIDENT REP $ _ RPR Services (20 Weeks at 40 hours per week) 800 8,400 9600 $ 21,938 $ - $ - Total Basic Services Items 2,661 8,400 1,200 - 10,800 6,000 65 - - 9,600 12,000 - - - Total Basic Services Expenses Effort $ 22,619 $ 4,578 $ 1,320 $ - ; 1,080 $ 1,500 $ 16 ; - ; - $ 10,560 $ 13,200 S - S - S - $ 54,876 2 of 3 T:\Proposals\L\Lubbock\PS 7 LHB & Reese Demo\Fee_Spreadsheet update 3272018.)dsm 4/5/2018 Freese and Nichols, Inc. City of Lubbock Project Fee Summary Demolition Project Basic Services 516,644 2/5/2018 Special Services 76,450 Detailed Cost Breakdown Total Project 593,094 Sp ecial Services Employee Total Hours Total Labor Effort Total Expense Effort Total Sub Effort Total Effort Phase Task Project Role Tasks 1 Current Hourl Bill Rate -� � $272 $159 $197 $250 $238 $140 $196 $272 $289 $126 $145 $196 Surveying $ - $ - $ 32,450 $ 32,450 SUE $ - $ - $ 44,000 $ 44,000 $ $ - $ $ Is - is is - $ - Total Special Services Hours - - - - - - _ _ _ �J- - ; Total Special Services Labor Effort $ - $ - $ - $ - $ - $ - $ - S - $ - $ - $ - $ - $ - 1 S Phase Task Expenses Tech Charge Miles Meals Hotel B&W (sheet) Color (sheet) Binding (each) Lg Format - Bond- B&W (sq. ft.) Lg Format - Glossy/Myl ar - B&W (sq. ft.) Monthly Per Diem Travel Other Other Other Total Exp Effort Surveying $ 7- SUE $ _ Total Special Services Items Total Special Services Expenses Effort $ - $ - $ - $ - $ - $ - $ - ; - $ - $ - $ - $ - $ - $ - $ - Phase Task Subconsultants Hugo Reed [Name 2] [Name 31 [Name 4] Total Sub Effort Surveying 29,500 $ 32,450 SUE 40,000 $ 44,000 Total Special Services Subconsultants Costl 69,500 1 - - - - - - - - - - - - - Total Special Services Subconsultants Effortl $ 76,450 1 $ - $ - $ - $ is Is - $ Is I $ - $ - $ - $ - $ - $ 76,450 3 of 3 T-\Proposals\L\Lubbock\PS 7 LHB & Reese Demo\Fee_Spreadsheet update 3272018.xism 4/5/2018 URVEY R ,WMASHARP FREESE. WICHO No Text -COUNiVROADI 540 .GEND .t:OUN-'i ROAD 1630 ;e Pipeline [''-`--+COUWTY ROAD 1600- 410 ".CCL' TY7TiCAD Ifea COUNTY ..ROAD 1600 CC(JN7YROA61600 -Lr I r 0 L) 0 Shafld a 'XENIA'AVE E rf COUNTY.R.OAD 1500 0 6o RTYROAD-146o A COUNTY R cWdrYA6AD�1450 COUNTY R OAD) 44 o v FM ROAD 179 0 c-Ab IN Tyi ROAD 14m COUNTY ROAD 1330 0 14" 1419 14" 43,884 LF OUNTY ROAD 1250 0 u COUN 200 Reese TechnoIo COUNTY*ROAD 1100 tpo 0i 0 OP en r111NICHI CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 12018-361909 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 05/31/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: O6/26/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14121 Demolition of Pump Station 7, Low Head B, and the Reese Pipeline Nature of interest Party 4 Name of Interested Pa City, State, Count lace of business y Country (p ) (check applicable) Controlling Intermediary Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Tom Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Mike Fort Worth, TX United States X New, John San Antonio, TX United States X Cole, Scott Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Taylor, Jeff Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-361909 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 05/31/2018 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 14121 Demolition of Pump Station 7, Low Head B, and the Reese Pipeline 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Tom Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Mike Fort Worth, TX United States X New, John San Antonio, TX United States X Cole, Scott Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Taylor, Jeff Houston, TX United States X 5 Check only if there is NO Interested Party. o vNaWVKN DECLARA 110N My name is Kelly Shriver and my date of birth is My address Is 4055Intemational Plaza, Ste. 200 Fort Worth TY_, 76109 USA (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of on the 31 st day of May 20_1@__. // (month) (year) Signatur:1 a o zed agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www Version V1.0.5523