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HomeMy WebLinkAboutResolution - 2019-R0152 - Contract- Low Head Pump Station Freese And Nichols - 05/14/2019Resolution No. 2019-RO152 Item No. 6.6 May 14, 2019 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 Service Agreement Contract No. 14395 for design of Low Head C Pump Station, by and between the City of Lubbock and Freese and Nichols, Inc., of Fort Worth, Texas, 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 May 14.2019 DANIEL M. POPE, NJAYOR ATTEST: Rebe ca Garza, City Secre ary APPROVED AS TO CONTENT: Jesica cBachern, Assistant City Manager kluulkle�IVID[0IIQ 19-1 ti elli Leisure, hAssi—Lsta2ntC�i-ty—A-ttorney ccdocs/RES.Service Agreement Contract 14395 Low Head C Pump Station April 12, 2019 Resolution No. 2019-RO152 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 14395 is entered into this JAth day of May„ , 2019, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the Low Head C Pump Station, (the "Activities"); and WHEREAS, 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 City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with Engineer to provide professional services related to the Activities desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Engineer hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 548 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 $1,481,344.00 for the Low Head C Pump Station as set forth in Exhibit "B" and at such rates in accordance with the rate schedule provide in Exhibit "C", 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 VIII. INSURANCE 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 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. 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 Engineer t to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance 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 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 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. 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, ANDIOR 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. I. Entire Agreement. This Contract, including Exhibits "A through C" 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 party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than 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 - ---. kf � Daniel M. Pope, MAY R ATTEST: kebe arza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E. CFM, Division Director of Engineering/ City Engineer APPROVED AS TO CONTENT: Engineer/ Capital Projects and Design APPROVED AS TO FORM: w kok�t. lli Leisure, Assistant City Attorney Firm FREESE AND NICHOLS. INC. By: N� Nicholas Lester, P.E., Vice President Page 10 of 10 EXHIBIT A SCOPE OF SERVICES FOR: LOW HEAD C PUMP STATION PRELIMINARY DESIGN & FINAL DESIGN GENERAL: A. Low Head C Pump Station (The "Project") includes the following facilities: 1. Low head C Pump Station (LHC) with a capacity of approximately 15 MGD expandable to 30 MGD in the future, sharing the site of the City's existing Pump Station 14 facility and an existing 5-million-gallon ground storage tank. The LHC pump station will feature horizontal split -case pumps operated with variable frequency drives, venturi flow meters on the discharge side of each pump, and a bridge crane. 2. LHC Suction piping tie-in to existing site yard piping and discharge piping tie-in to the proposed Low Head C Pipeline. 3. LHC Site grading, fence repair/replacement, and concrete paving. 4. Low Head D Pump Selection. S. Low Head C Pipeline special services. 6. Low Head C Pipeline tie-in to existing piping near Upland Avenue and 361' street. B. The Project will be split into the following bid packages: I. Bid Package A— LHC Pump Station. Pre -purchase of equipment is not anticipated for the Project. 2. Bid Package B - LHC Pipeline. The City (Sometimes referred to as "OWNER") is preparing the Bid Package for the LHC Pipeline. FNI (Sometimes referred to as "ENGINEER") will provide assistance with the LHC Pipeline bid package as detailed in the following sections. C. The following facilities are not part of the Project. 1. Electrical substations or power transmission lines to the sites, which will be designed and constructed by the electric utility company. The project will tie onto the secondary side of the substations and/or power service facilities. 2. Chemical room/facilities/equipment. 3. Restroom in LHC pump station building. FNI Professional Agreement Page 1 of 20 4. Offsite facility upgrades 5. Ground storage tank. BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and reports, preparation of detailed 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. 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 the City's requirements for the Project, review pertinent data, review Project staffing and organization, and present the initial work plan and schedule. 2. Provide administration and management of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. Attend monthly coordination meetings with the OWNER. Prepare and distribute minutes of the meetings. Attend two meetings and make presentations to the Lubbock Water Advisory Committee for the Project if desired by the City. 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 a 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 FNI Professional Agreement Page 2 of 20 B. PUMP STATION PRELIMINARY DESIGN PHASE: ENGINEER will provide the following as part of the preliminary design phase: 1. Conduct a study of the system to verify system pumping capacity, phasing of the system, preliminary pump selection, and general operating requirements of the pump station. 2. Prepare load studies to support preliminary design of utility power systems by others. Meet with the electric utility company and OWNER to coordinate electric utility system design. 3. Conduct a workshop with OWNER'S staff to discuss layout, major equipment selection, construction materials, operation and maintenance criteria, OWNER'S preferences, and alternatives to be studied. ENGINEER will bring lead designers from the major disciplines to the workshop. 4. Evaluate alternatives and recommend designs for the project facilities, including conceptual pump station floor plan layouts, major equipment selections, piping and valves, flowmeters, surge control systems, building materials, bridge crane, HVAC systems, site road and grading plans, preliminary electrical layout and one -line diagrams, P&ID's, and equipment tagging schedules, generator sizing analysis, and pump station siting. Generator sizing analysis will include two (2) options to tie the proposed Low Head C pump station to a generator. 5. Reconnaissance -level opinions of probable construction cost for the recommended facilities. 6. Prepare architectural renderings (up to 8) of the outside of the pump station and site. 7. Prepare and submit 6 copies of a draft preliminary design report for review by the OWNER. The preliminary design report will include design criteria, codes and standards, evaluation of alternatives, layouts, equipment selections, and cost estimates as described above. The report will also include the project phasing, schedule, permitting requirements, and zoning requirements (if any). S. Attend a meeting to present the draft preliminary design report. Attend another meeting to receive comments from the OWNER. Make modifications to the report to address the OWNER's comments and submit 6 copies of the final draft of the preliminary design report. PUMP STATION 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 FNI Professional Agreement Page 3 of 20 constructed for the Low Head C Pump Station. 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 Low Head C pump station 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 Low Head C pump station to the TCEQ and TDLR. 6. Furnish necessary information to utility companies whose facilities maybe affected, or services may be required for the Project (Low Head C pump station). Provide site civil design of the pump station site to support the electric utilities site requirements, including site grading, roads, and fencing. The pump station power connection to the electric utility will be on the secondary side of the utility transformer. 7. Level 2 Review (Pump Station). 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 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 (Pump Station): Furnish OWNER six (6) 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. Upon final approval by OWNER, ENGINEER will complete the plans and specifications and provide OWNER ten (10) sets of copies of "Final" plans and specifications. Level 3 Review documents will include all drawing FNI Professional Agreement Page 4 of 20 sheets and specifications with some minor corrections and notes remaining. 9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed for the Low Head C pump station. D. PIPELINE DESIGN ASSISTANCE: FNI shall provide professional services in this phase as follows: 1. Evaluate alternatives for the tow Head C pipeline including pipeline diameter, pipeline materials, pipeline appurtenances, and pipeline tie-in details. Recommend designs for the Low Head C pipeline including valve vault structural design, valve vault electrical design, and valve vault instrumentation & control design. 2. Reconnaissance -level opinions of probable construction cost for the recommended facilities. 3. Provide designs and layouts of improvements for the Low Head C pipeline valve vault and tie-in to existing pipeline. Review City provided plans, specifications, contract documents, designs, and layouts of improvements for the Low Head C Pipeline. 4. Level 2 Review (Pipeline): OWNER shall furnish ENGINEER one PDF copy of preliminary (60%) plans and specifications marked "Preliminary" for quality assurance/quality control (QA/QC) review by ENGINEER. ENGINEER will meet with the OWNER to present the findings of the QA/QC review of the preliminary plans and specifications. Level 2 review documents will include dimensional layout drawings, plans, sections and elevations of the facilities for all 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. 5. Level 3 Review (Pipeline): OWNER shall furnish ENGINEER one copy of preliminary (90%) plans, specifications, and bid proposals marked "Preliminary" for QA/QC and constructability review by ENGINEER. ENGINEER will meet with the OWNER to present the findings of the QA/QC and constructability review of the preliminary plans and specifications. Level 3 Review documents will include all drawing sheets and specifications with some minor corrections and notes remaining. 6. Prepare revised opinion of probable construction cost at the Level 2 and 3 Reviews for the Low Head C pump station and the Low Head C pipeline. FNI Professional Agreement Page 5 of 20 E. LOW HEAD D DESIGN: FNI shall provide professional services in this phase as follows: 1. Evaluate alternatives and recommend designs for the proposed Low Head D pump at the existing Pump Station no. 4 facility, including piping modifications for the two existing 24-inch pipelines that Low Head D would pump down. Provide an OPCC and specifications for the recommended improvements. F. BID AND AWARD PHASE (PS & PIPELINE). Upon completion of the design services and approval of "Final" drawings and specifications by Owner, FNI will proceed with the performance of services in this phase as follows: 1. Bid Phase services will be performed for the following bid packages: a) Bid Package A— LHC Pump Station. b) Bid Package B - LHC Pipeline. 2. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The notice to bidders will be furnished to OWNER for publication in the local news media. The cost for publications shall be paid by OWNER. 3. Distribute plans to bidders using the web -based CivCast utilized by Freese and Nichols 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. 4. Attend one (1) pre -bid conference for each construction contract. S. Issue Addenda as appropriate to clarify, correct, or change the bidding documents. 6. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contract as appropriate. 7. Assist OWNER in the preparation of documents for execution of the construction contract. FNI will conform the contract documents, make four (4) original copies for execution. FNI will also make ten (10) conformed copies of the plans and specifications for use by the Contractor and OWNER and Engineer. The ten (10) copies will include five (5) full size copies, five (5) half size copies, and electronic PDF copy. S. 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. FNI Professional Agreement Page 6 of 20 SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. GEOTECHNICAL ENGINEERING: FNI will provide geotechnical engineering services as follows: The proposed geotechnical scope of work will consist of field exploration, laboratory testing, engineering analysis and reporting, and design as presented below. Task 1—Field Exploration 1. Select appropriate locations for up to nine (9) exploratory borings for the pump station building, pads and vaults. The Engineer will coordinate with the City and Texas 811 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. 2. The Engineer will subcontract with a drilling contractor (Terra Testing, LLC) to drill five (5) borings to a depth of 40 feet for the pump station; three (3) borings to a depth of 25 feet for the proposed transformer and generator pads and isolation valve manholes; and one boring to a depth of 25 feet at the pipeline tie-in at Upland Avenue (FM 1600) and 26tn Street. An estimated 1 day of traffic control will be needed for drilling the boring at the pipeline tie-in. a. Subsurface samples will be collected intermittently using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split -spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non -cohesive soils. Rock and rock -like materials will be tested in -situ using the TxDOT Texas Cone Penetration (TCP) Test. b. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. C. The borings will be backfilled with auger cuttings upon completion of drilling and sampling. 3. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to the Unified Soil Classification System (USCS). Task 2 — Laboratory Testing 1. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI Professional Agreement Page 7 of 20 2. The Engineer will subcontract with a testing laboratory (Terra Testing, LLC) to perform the required testing. The Engineer will select samples for laboratory testing, assign tests, and review the test results. 3. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: a. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) b. Gradation Tests c. Moisture content d. Unit dry weight e. Unconfined compressive strength f. One-dimensional swell (with swell pressures) Task 3 — Engineering Analysis and Reporting 1. A geotechnical investigation technical memorandum summarizing the investigation, findings, analysis, and design recommendations will be developed. The analysis and report will include the following: a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. c. Foundation recommendations including net allowable bearing capacity for the pump station, transformer pad and vaults. d. Lateral earth pressures for various backfill materials, including materials specifications and compaction requirements. e. General discussion of expected construction related issues. f. Earthwork and site preparation related recommendations for use during development of the plans and specifications. B. HYDRAULIC MODELING: FNI will provide hydraulic modeling services as follows: 1. Kickoff Meeting: Attend kickoff meeting with City. FNI and the City will review assumptions for existing average day and maximum day demands. Discuss projected demands to use for 20-year FNI Professional Agreement Page 8 of 20 system curves and overall assumptions (additional improvements constructed, etc.). 2. Utilize the Hydraulic Model to determine Future Pump Station Sizing and Maximum Flow Rates: FNI will utilize the demands, water system improvements and supply assumptions from the Water Master Plan to develop maximum projected flow rates to assist in pump sizing and selection. 3. Develop System Curves for Existing and 20-year Average Day & Maximum Day Demand Conditions: FNI will utilize the existing system and 20-year scenarios for average day and maximum day demand conditions to prepare system curves for Low Head C Pump Station. 4. Prepare Technical Memorandum on System Curve Development: FNI will prepare a brief technical memorandum summarizing the assumptions used in calculating the maximum flow rate and system curves. 5. Utilize the Hydraulic Model to generate HGL exhibits for the proposed Low Head C pipeline. 6. Perform a Life Cycle Cost Assessment for the Low Head C pipeline evaluating up to three pipeline diameters. Prepare a Technical Memorandum on Pipeline Diameter Life Cycle Cost Assessment. C. 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. Topographic Survey of the entire LHC/PS14 site. Utility surveying to accompany SUE. 2. Establish 6 control points for use during construction. 3. Establish and mark boundary lines of property. Provide Survey and Flood Certificate as needed for building permit from the City. D. 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 Low Head C/Pump Station 14 Site for the area shown in the attached map exhibit. Designation shall be level B. 2. Level A SUE for up to 5 utilities (x, y, z) to be determined by the Engineer. Excavations shall be by vacuum excavator. E. ON -CALL ENGINEERING DESIGN ASSISTANCE FOR LOW HEAD C PIPELINE: ENGINEER will assist the OWNER with Low Head C pipeline design tasks beyond those identified within the Basic Services as needed and directed by the OWNER. The OWNER shall provide written correspondence initiating this additional service. FNI Professional Agreement Page 9 of 20 F. ENVIRONMENTAL EVALUATION: ENGINEER will provide the following professional services, with the development of the Project, as follows: 1. Conduct Pedestrian Survey— ENGINEER'S environmental scientist will conduct a site visit at the Low Head C pump station to document existing environmental conditions and assess potential environmental impacts. Prior to the site visit, environmental scientist will assemble and review data such as aerial photographs, topographic maps, National Wetlands Inventory (NWI) maps, and soils data. The presence and locations of waterbodies, including wetlands, potential federally -listed threatened and endangered species habitat, and vegetation cover types will be identified within the proposed project areas. 2. Prepare Environmental Permitting Memorandum— Information gathered during the pedestrian survey and coordination with the Project Engineers will be used to prepare one technical memorandum for the Low Head C pump station site. The memo will document what, if any, environmental permits/authorizations are required. The memorandum will include the hydrologic characterization of waterbodies and an opinion on their potential jurisdictional status related to Section 404 of the Clean Water Act. G. CATHODIC PROTECTION SERVICES: ENGINEER will provide the following professional services, with the development of the Project, as follows: 1. Field Evaluation for the Low Head C pipeline. a. Review site plans, geotechnical reports, proposed pipeline alignment and materials, foreign pipeline crossing, parallel systems and existing cathodic protection systems, Electrical High Voltage (EHV) transmission lines, railroad crossings, sources of stray DC current, topography, soil types and conditions. b. Conduct in -situ soil resistivity & pH testing (every 1,000 feet) (-21 locations). Conduct stray current (DC) investigation in proposed alignment. The purpose of performing this investigation is to identify potential sources of stray current and nearby metallic pipelines that may be affected by the proposed cathodic protection system. i. If geotechnical report indicates soil resistivities along proposed alignment are less than 1,000 ohm -cm, soil samples (maximum 10 samples) from those locations will be sent to HDR Laboratories to be tested for AS -received and saturated electrical resistivity per FNI Professional Agreement Page 10 of 20 ASTM G-187 and pH as per ASTM G-51, and Chemical analysis for major anions and cations as per ASTM 4327, ASTM 6919, and AWWA 41108 ii. Analyze collected data and prepare a technical memorandum. The memorandum will provide conclusions and recommendations for cathodic protection based on the field soil conditions, collected data and laboratory data with respect to the proposed pipeline materials. 2. Cathodic Protection Design for the Low Head C Pipeline a. Provide 60%, 90% and 100% cathodic protection design (steeVPCCP) details and specifications to be included in Bid Package B. H. TWDB FUNDING APPLICATION ASSISTANCE SERVICES: ENGINEER will provide the following professional services, with the development of the Project, as follows: 1. Pre -Application Phase, ENGINEER will develop funding analysis to show savings achieved through Drinking Water State Revolving Fund (DWSRF) financing and meet with City to present the above. 2. Application Phase, ENGINEER will Schedule and participate in the TWDB required pre -application conference with TWDB staff, assist the City develop funding application materials (Project Information Form - or PIF - and full application) in coordination with the City's financial and legal consultants, submit to TWDB, Represent the City before the TWDB staff and Board during technical review of application and funding commitment, and assist the City with the closing process. 3. Time of Completion, ENGINEER will submit Project Information Form (PIF) within 4 weeks of Notice to Proceed (NTP), submit full application within 3 months of acceptance of PIF, and target loan closing within 3 months of TWDB commitment of funds. I. SURGE ANALYSIS: Perform a surge analysis of the Low Head C pipeline from the proposed Low Head C pump station to the existing Pump Station 16 ground storage tank. 1. ENGINEER will prepare a surge model of the Low Head C Pump Station and Pipeline, including input flows from Bailey County and delivery at the existing Pump Station 16 ground storage tank. The model will be based upon existing and proposed pipelines and proposed pumping equipment. The model will evaluate the following scenarios: (a)Normal Pump Station Stop - 30 MGD (ultimate flow, two pumps); (b)Normal Pump Station Start - 30 MGD (ultimate flow, two pumps); FNI Professional Agreement Page 11 of 20 (c)Pump Trip - two pumps running with one pump trip; and (d)Power Fail - two pumps running with power failure; 2. Based on surge model, ENGINEER will prepare recommendation to reduce surge pressures, if needed. This may include operational changes, control valves, air valves, valve timing, or other approaches; 3. ENGINEER will evaluate existing pump operation to verify existing pumps are operating within reasonable efficiencies and flow conditions. ENGINEER will prepare a preliminary selection for proposed engine driven pumps, and verify pumps operate within allowable flows and pressures. The OWNER will provide desired flow rates for proposed pumps; and 4. ENGINEER will prepare a cost comparison of emergency generators and engine drive pumps based upon flow requirements provided by OWNER. FNI Professional Agreement Page 12 of 20 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 — Set by Owner after Council approval • Submit Draft Preliminary Design Report-45 days • Submit Final Preliminary Design Report —15 days after receipt of PDR comments • Submit 60% Level Plans — 60 days • Submit 95% Level Plans and Specifications — 45 days • Submit 100% Plans and Specifications — 45 days • Close out Design and Bid & Award Phase Services - 548 days (18 months) from the Notice to Proceed The above schedule is based upon OWNER review of the preliminary design report and other 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. FNI Professional Agreement Page 13 of 20 EXHBIT A, PART 2, ADDITIONAL SERVICES LOW HEAD C PUMP STATION PRELIMINARY DESIGN & FINAL DESIGN ADDITIONAL SERVICES. Additional 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. Physical model or CFD model testing of the pump station suction piping. B. Factory witness testing for pumps. C. Construction plans and specifications for the Low Head C Pipeline other than services detailed in Basic Services. D. Right -of -Way acquisition services for the Low Head C pipeline. E. Survey and SUE along the Low Head C Pipeline. F. Field layouts or the furnishing of construction line and grade surveys. G. 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. H. 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. I. 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. J. 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. K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. L. Preparing Operation and Maintenance Manuals or conducting operator training. FNI Professional Agreement Page 14 of 20 M. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. N. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). O. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. P. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This provision shall not apply to any expense related to a legal action to which FNI is a party. Q. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. R. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. S. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. T. Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. U. 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. V. 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. W. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form, except as noted in the scope of services. X. Providing value engineering studies or reviews of cost savings proposed by others. Y. Pre -purchase or preselection or any alternate contract structure or number of contracts other than stipulated in Exhibit A —Basic Services. FNI Professional Agreement Page 15 of 20 Z. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project. AA. Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USACE). BB. Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD. CC. Presence/absence surveys for federally listed threatened/endangered species. DD. Conducting cultural resources studies or surveys. EE. Phase I Environmental Site Assessment. FF. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). GG. Other environmental permitting assistance or services not specifically described under BASIC SERVICES of this scope. HH. General and/or Resident Representation during construction. II. Power system's study. A. Environmental assessment & THC coordination for the Low Head C pipeline. FNI Professional Agreement Page 16 of 20 EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER LOW HEAD C PUMP STATION PRELIMINARY DESIGN & FINAL DESIGN RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: 0 any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. 0 Any costs that are incurred due to the negligence of the construction contractor 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. FNI Professional Agreement Page 17 of 20 L Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H_ Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. J. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. K_ Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Pay all permits fees and mitigation cost. c. Provide land title research and title policy. d. Provide advertisement for bids in local publications as required. FNI Professional Agreement Page 18 of 20 EXHIBIT B — BUDGET LOW HEAD C PUMP STATION PRELIMINARY DESIGN & FINAL DESIGN CITY and ENGINEER have established a not -to -exceed budget of S1,481,344 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 548 calendar days from the Notice to Proceed. FNI Professional Agreement Page 19 of 20 EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION LOW HEAD C PUMP STATION PRELIMINARY DESIGN & FINAL DESIGN FREESE AND NICHOLS, INC ATTACHMENT CO LUBBOCK RATE SCHEDULE Position Edl: Principal / Group Manager 305 Technical Professional - 6 293 Technical Professional 5 234 Technical Professional - 4 200 Technical Professional - 3 173 Technical Professional - 2 152 Technical Professional -1 125 CAD Technician/Designer - 3 168 CAD Technician/Designer - 2 126 CAD Technician/Designer -1 100 Senior CAD Technician/Designer 207 Construction Manager - 4 165 Construction Manager - 3 135 Construction Manager - 2 128 Construction Manager - 1 100 Corporate Project Support 3 140 Corporate Project Support - 2 126 Corporate Project Support 1 96 Intern/ Coop Rates for In Services 65 -House $8.50 per hour Bulk PrIntint and &jmW uction WIN Q& Small Format (per copy) $0.10 $0.25 7ialml Large Format (per sq- ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy / Mylar $0-75 $1.25 Vinyl / Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2 00 Binding (per bind_ng) $0.25 OTHER DIRECT f%PENSES-. Other direct expenses are reimbursed at actual cost times a mu tiplier of 110. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be bi;led at cost times a multiplier of 2.0 This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates to be adjusted no more than 5% annually wais FNI Professional Agreement Page 20 of 20 Low Head C Fee Breakdown Low Head C PS Preliminary Design, Design, Bid & Award $ 999,768 Low Head D Design $ 45,089 Low Head C Pipeline Design Assistance, Bid & Award $ 162,116 Low Head C Pump Station Special Services: Hydraulic Modeling $ 36,963.00 Survey/SUE $ 33,000.00 TWDB Funding $ 45,210.00 Geotechnical $48,158.60 Environmental Evaluation $ 5,000.30 Total PS Special Services $ 168,332 Low Head C Pipeline Special Services: Cathodic Protection $ 52,279.20 Surge Modeling $ 53,760.00 Total Pipeline Special Services $ 106,039 Total Fee $ 1,481,344