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HomeMy WebLinkAboutResolution - 2022-R0262 - Professional Service Agreement 16226 with Freese and Nichols 6.14.22Resolution No. 2022-RO262 Item No. 6.9 June 14, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 16226 Bailey County transmission line upgrades, by and between the City of Lubbock and Freese , Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in 1 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 14, 2022 M T A , MAYOR Rebecca Garza, City APPROVED AS TO CONTENT: U� Jesica c achern, Assistant City Manager APPROVED AS TO FORM: Leisure, Assistant City Attorney ccdocs/RES.PSA-No. 16226 — Freese and Nichols, Inc. Bailey Cty 5.23.22 Resolution No. 2022-RO262 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16226 is entered into this 14th day of June , 2022, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Bailey County Transmission Line Upgrades, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 455 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 12 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $429,396, as set forth in Exhibit "B, Part I". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 12 of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 12 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page 4 of 12 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 tennination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, Page 5 of 12 OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND.. OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: FREESE AND NICHOLS, INC. Nicholas Lester, P.E. 801 Cherry St. Suite 2800 Fort Worth Texas, 76102 Telephone: 817-735-7300 Email: Michael.McBee a,freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Bailey Ratcliffe City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: BRatcliffe@mail.ci.lubbock.tx.us Page 6 of 12 Telephone: D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT Page 7 of 12 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, Parts 1 &2" through "B, Parts 1-3" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal - agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Page 8 of 12 Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Page 9 of 12 S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. PAGE LEFT BLANK INTENTIONALLY EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Page 10 of 12 TEST: A ' - Rebecca Garza, City Secretary APPROVED AS TO CONTENT: TRkFFA7, OR Michael G. Keenum, P.E., Division Director of Engineering/City Engineer C?o j cEachern, Assistant City Manager APPROVED AS TO FORM: 1[b11%-t4 'i Z I&V f?/ elli Leisure, Assistant City Attorney Firm FREESE AND NICHOLS, INC. By: �0 Nicholas Lester, P.E., Vice President Page 11 of 12 EXHIBIT A SCOPE OF SERVICES FOR: BAILEY COUNTY VALVE REPLACEMENT ENGINEERING DESIGN SERVICES Background: The Bailey County Transmission Line was installed in the 1950s and continues to be in service today. The City of Lubbock is looking to optimize the number and size of valves in four (4) existing vaults along the transmission line. In recent years, the valves and vaults along the transmission line have shown considerable wear, and the City's water supply strategy has shifted since construction of the transmission line to utilize more water from Lake Alan Henry and Lake Meredith. Furthermore, the City also actively works to preserve groundwater from the Bailey County wellfield for the future. This change in operation may warrant a new valving strategy to optimize flow through the Bailey County Line for the City's current and future water supply strategy. General: The City of Lubbock would like a condition assessment and recommendations for repair/replacement or modifications to the Bailey County Transmission line flow control valve vaults as needed in order to meet TCEQ and City of Lubbock Standards (The "Project"). The assessment and recommendations shall pertain to four existing valve vaults including structural, hydraulic, and electrical systems. The four existing vaults with three valves each — one 12", one 18", and one 30". The existing vaults are located near Amherst, Littlefield, Shallowater and Pump Station 4. The existing vaults are in TxDOT ROW and adjacent to BNSF Railway ROW. A. The Project's primary objectives will consist of the following: 1. Preliminary Design (Condition Assessment & Preliminary Design Report (PDR)) - Evaluate existing structural, electrical, hydraulic, and mechanical systems at the four flow control valve vaults to optimize the transmission lines operational function and meet code requirements. A PDR will summarize results of the Condition Assessment and provide conceptual design solutions and Opinion of Probable Construction Cost (OPCC) to improve the valve vaults. The PDR will also include a hydraulic analysis to aid in flow control valve recommendation. A surveyor will be contractor to perform site survey and Level B SUE around the existing valve vaults during preliminary design. 2. Final Design (Production of Construction Documents) - Develop construction plans and specifications for the advertisement and procurement of construction services for FNI Professional Agreement Page 1 of 15 improvements (structural, electrical, hydraulic, and mechanical) for the four Bailey County Transmission line flow control valve vaults as recommended in the PDR. Final Design may include two bid packages: one early release procurement package for the flow control valves and another for the rest of the recommended improvements. The Construction Documents will be structured based on the Competitive Sealed Proposal (CSP) method of Contractor selection. 3. Bid and Award services. B. The following are not part of the Project: 1. Assessment of or modifications to existing Bailey County Transmission Line outside of the four valve vaults. 2. Geotechnical Investigation is not included in the scope. 3. Level A SUE (potholing) is not included in the scope. 4. General Representation is not included in the scope. 5. Resident Project Representation (RPR) is not included in the scope. FNI Professional Agreement Page 2 of 15 Basic Services: The Basic Services include the project administration, condition assessment, preliminary design report, preparation of final design as set forth herein, construction documents, and construction bid and award services. ENGINEER shall render the following professional services in connection with the development of the Project: A. PRELIMINARY DESIGN: ENGINEER will provide the following as part of the preliminary design phase of The Project: (1) Kick -Off Meetine and Project Manaeement General Scope: a) Attend a kick-off meeting (virtual) to clarify the City's requirements for the Project, review pertinent data, review Project staffing and organization, and present the initial work plan and schedule. Prepare and distribute minutes of the meetings. b) Provide administration and management of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. c) 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) eProject schedule update (if major changes since the last update) •Status of deliverables (2) CONDITION ASSESSMENT & PRELIMINARY DESIGN REPORT: (a) Perform an in -person condition assessment of the four flow control valve vaults' existing structural, electrical, hydraulic, and mechanical systems to optimize the transmission lines operational function and meet code requirements. ENGINEER will coordinate with OWNER to schedule the in -person assessment to occur on a day that an OWNER'S representative can attend the assessment with the ENGINEER for site access. The results of the condition assessment will be summarized in the PDR. FNI Professional Agreement Page 3 of 15 (b) Preliminary Design Report: A PDR will summarize results of the Condition Assessment and provide conceptual design solutions and an Opinion of Probable Construction Cost (OPCC) for the recommended valve vault improvements. The PDR will include: • An evaluation of alternatives and recommended designs for the project systems, including major equipment selections such as flow control valves and actuators, structural repair, ventilation improvement, chlorine analysis improvements, site modifications, preliminary electrical layout and one -line diagrams, P&ID's, and equipment tagging schedules, and site security improvement recommendations. • A write-up of surge control best practices for transmission lines that will inform the flow control valve recommendation. • A write-up of Hydraulic analysis of the transmission line utilizing the City's existing hydraulic water model that will inform the flow control valve recommendation. • Coordination with TCEQ regarding chlorine analysis and coordination with TxDOT and BNSF regarding improvements within and/or adjacent to their right-of-way. • Reconnaissance -level OPCC for the recommended improvements. (c) ENGINEER will prepare and submit electronic copies of a draft PDR for review by the OWNER. The PDR will include design criteria, codes and standards, evaluation of alternatives, layouts, equipment selections, and cost estimates as described above. The PDR will also include the project phasing, schedule, permitting requirements, and zoning requirements (if any). (d) ENGINEER will attend a meeting to receive comments from the OWNER on the PDR and will prepare and distribute minutes of the meeting. Following the meeting, the ENGINEER will make modifications to the PDR to address the OWNER's comments and submit 3 printed copies (in addition to electronic PDF copies) of the final version of the memo. FNI Professional Agreement Page 4 of 15 2. Summary of Meetings for Preliminary Design: (a) Condition Assessment with Principal in Charge, PM, Electrical Design Lead, and Structural Design Lead (all in -person). (b) Monthly Design Meetings (3) • In -person: PM • Virtual: Principal in Charge, APM, Electrical Design Team (c) PDR review meeting • In -person: Principal in Charge, PM, APM, Electrical Design Lead (d) All in -person meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. B. FINAL DESIGN: ENGINEER 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 (structural, electrical, hydraulic, and mechanical systems) to be constructed for the Project as recommended in the PDR. 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 included pursuant to Exhibit A —Special Services. 4. Prepare Project applications for permits including but not limited to 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 for the Project to the TCEQ. 6. Furnish necessary information to utility companies whose facilities may be affected, or services may be required for the Project. Provide site civil design of the pump station site to support the electric utilities site requirements, including site grading, roads, and FNI Professional Agreement Page 5 of 15 fencing improvements as necessary. 7. Level 2 (90%) Review: Furnish OWNER electronic PDF copies of preliminary (90%) 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 (scheduled to coordinate with a monthly design progress meeting). Upon final approval by OWNER, ENGINEER will complete the plans and specifications and provide OWNER electronic PDF copies of "Final" plans and specifications. Level 2 Review documents will include all drawing sheets and specifications with some minor corrections and notes remaining. 8. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed for the Project. 9. Summary of Meetings for Final Design: (a) Monthly Design Meetings (one to be coordinated with 90% Review) (4 total) • In -person: PM • Virtual: Principal in Charge, APM, Electrical Design Team (b) All in -person meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. C. CONSTRUCTION BID & AWARD SERVICES: Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, ENGINEER will proceed with the performance of services in this phase as follows: 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. Distribute plans to bidders using the web -based CivCast utilized by Freese and Nichols for bidding projects. Cost for any bidder's requests for hard copies of bid documents will be paid for by bidder. Keep a record of prospective bidders and plan rooms and other parties to whom the bidding documents have been distributed. Advertise for bids on FNI's website, and keep the website updated with addenda information, plan holder lists, and bidding information. FNI Professional Agreement Page 6 of 15 3. Attend one (1) pre -bid conference (virtual). 4. Issue Addenda as appropriate to clarify, correct, or change the bidding documents. S. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contract as appropriate. 6. Assist OWNER in the preparation of documents for execution of the construction contract. FNI will conform the contract documents, make electronic PDF original copies for execution. FNI will also make electronic PDF conformed copies of the plans and specifications for use by the Contractor and OWNER and Engineer. 7. 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. 8. Summary of Meetings for Construction Bid & Award Services: (a) Pre -Bid Meeting • In -person: PM and Electrical Design Lead (b) Bid Evaluation Meeting • Virtual: Principal in Charge, PM, Design Engineer, APM, Electrical Design Team (c) All in -person meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. FNI Professional Agreement Page 7 of 15 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. Survey of four (4) flow control vault sites. Each site survey shall extend 200 LF parallel to the pipelines inside the vaults on each side of the flow control valves (400 LF at each of the four vault sites) and shall extend from adjacent edge of pavement to BNSF ROW (or edge of building for PS4 only). Each site survey shall include the following: (a) Coordinates/Elevations relative to NAD83/NAVD88. (b) TxDOT ROW. (c) BNSF ROW. (d) Property lines (Pump Station 4 vault only) (e) Elevations across body of property sufficient to produce 1-foot contours. (f) Drainage features — flow line, breaklines, swales, crowns, curbs, gutters, ditches. (g) Visible indications of underground utilities including manholes, inlets, valves, pull boxes, risers, poles and transformers. 2. Other underground utilities based on markings, maps, and/or drawings provided by others as the result of a Texas811 locate. 3. Signage along adjacent streets and in parking areas 4. Location of visible, existing improvements. 5. Spot elevations in open areas. 6. X, Y, Z of top four corners of valve vault at four (4) sites. 7. Top of pipe elevation of three pipes in valve vault at four (4) sites. 8. Bottom of vault elevation of valve vault at four (4) sites. 9. Minimum of 2 permanent control points at each site for future construction. B. REPLACEMENT VAULT DESIGN: If during the Condition Assessment one or more of the vaults are determined to be in a condition that does not allow for structural rehab, the vaults that are determined to not allow for rehab shall require structural design of a replacement vault. This work would only be commenced after authorization from the Owner following the Condition Assessment. FNI Professional Agreement Page 8 of 15 EXHBIT A, PART 2, ADDITIONAL SERVICES BAILEY COUNTY VALVE REPLACEMENT ENGINEERING DESIGN SERVICES Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be added to the Engineer's responsibilities by mutual agreement and written authorization include, but are not necessarily limited to, the following: (1) Level A SUE of the Bailey County Transmission Line. (2) Geotechnical Investigation of the valve vault sites. (3) Assessment of or modifications to existing facilities at Pump Station #4. (4) Topographic survey and sub -surface utility engineering (SUE) of areas outside of the valve vault sites. (5) Environmental evaluation and permitting; (6) Provide land acquisition services, including appraisals and attend condemnation hearings; (7) Furnish construction plans and specifications in excess of those specified; (8) Perform temporary flow monitoring required to evaluate flows; (9) Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USACE); (10) Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD; (11) Presence/absence surveys for federally listed threatened/endangered species; (12) Conducting cultural resources studies or surveys; (13) Phase 1/11 Environmental Site Assessments; (14) Preparation of a Storm Water Pollution Prevention Plan (SWPPP); (15) Assist the City in procurement of state or federal funding; (16) Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices; (17) General and/or Resident Representation during construction; and FNI Professional Agreement Page 9 of 15 EXHIBIT B, PART 1— BUDGET BAILEY COUNTY VALVE REPLACEMENT ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of $429,396 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed within 455 calendar days from the Notice to Proceed. FNI Professional Agreement Page 10 of 15 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: 12022-891061 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. Corpus Christi, TX United States Date Filed: 05/25/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 06/02/2022 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. 162226 Provide professional engineering services as requested for the Bailey County Transmission Line Upgrades 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Reedy, Michael Houston, TX United States X Payne, Jeff Fort Worth, TX United States X Wolfhope , John Austin, TX United States X Greer, Alan Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Cole, Scott Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) =nrms nrnvirlarl by Tavnc Crhin —••••-� vvvvvv.cuul:J.DRUC.lx.US Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-891061 Freese and Nichols, Inc. Corpus Christi, TX United States Date Filed: 05/25/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: g 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. 162226 Provide professional engineering services as requested for the Bailey County Transmission Line Upgrades 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Reedy, Michael Houston, TX United States X Payne, Jeff Fort Worth, TX United States X Wolfhope , John Austin, TX United States X Greer, Alan Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Cole, Scott Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Lisa Boggs and my date of birth is My address is 900 N_ Shorplinp Roulpvard iuitp 1600N Corpus Christi TX_, 7R401 IKA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of Texas —,on the 25thday of May 20 22 (month) (year) Signature f authorized age%t f contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc