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HomeMy WebLinkAboutResolution - 2008-R0434 - Professional Services Contract - Freese & Nichols, Inc. - 11_06_2008Resolution No. 2008-RO434 November 6, 2008 Item No. 6.4 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 a professional services Contract and any associated documents with Freese & Nichols, Inc., for professional services for University Avenue and 341h Street Intersection Reconstruction, which Agreement and any associated documents are attached hereto and made a part hereof for all intents and purposes. Passed by the City Council this 6th day of November , 2008. TOM MARTIN, MAYOR ATTEST: "Q Jno-x er--ff� �' Rebe .a v.rza. City Secretary APPROVED �.S TO. CONTENT: k-�,j% d Marsha Reed, P Public Works Director APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney FSA-34ih&Uni versi ty08conRes October 24, 2008 Resolution No. 2008—RO434 AGREEMENT FOR PROFESSIONAL SERVICES Project #91196 34`h Street and University Avenue STATE OF TEXAS COUNTY OF TARRANT This AGREEMENT is entered into by City of Lubbock, hereinafter called "CITY" or "OWNER" and Freese and Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as follows: I. SERVICES OF FNI: In accordance with the terms of this AGREEMENT: CITY agrees to contract with FNI to perform professional services in connection with the Project; CITY agrees to pay to FNI compensation. The Project is described as follows: University Ave. and 34`h Street Intersection Reconstruction II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of CITY which is attached to and made a part of this AGREEMENT. III. COMPENSATION: CITY agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" for a total fee of $132,524.00. Details concerning the fee are included in Attachment CO. If FNI's services are delayed or suspended by CITY, or if FNI's services are extended for more than 60 days through no fault of FNI, so long as FNI exercises diligence to remedy such delay, FNI and CITY may negotiate an equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. IV. TERMS AND CONDITIONS OF AGREEMENT. The Terms and Conditions ofAgreement as set forth as Attachment TC, Attachment AT, Attachment SC, Attachment CO and Exhibit 1 shall govern the relationship between the CITY and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than CITY and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of CITY and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between CITY and FNI and supersedes all prior written or oral understandings. This contract may be executed in two counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the 6th day of November , 2008. City of Lubbock (CITY) By:</� Z--// /a - Torn Martin, Mayor ATTEST: �Am Rebecca Garz, City Secretary l APPROVED A$ TO CONTENT, Marsha Reed, P.E"., Public Works APPROVED AST ORM: Richard K. Casner First Assistant City Attorney ATTEST: A IA Rc:ProfessionalServicesAgreement.FreeseandNichols.101608 Freese and Nichols, Inc. cFNn By: &Azn C Grk��� Resolution No-. 2008 RO434 ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF CITY PROJECT DESCRIPTION The scope of work for the Engineering Services involves Schematic Design, Preliminary Design, Final Design including Plans, Specifications and Estimates on Pavement reconstruction of the University Avenue and 34`h Street intersection, per the attached Exhibit 1. The exact limits of the project will be determined during the Schematic Design phase but should generally conform to those shown on the attached Exhibit 1 which is approximately 100' in each direction from the intersection. The scope of the project includes: Reconstruction of the existing asphalt intersection with new concrete paving and curb & gutter, to the limits agreed upon by the ENGINEER and the CITY. Coordination with Landowners on design concepts Access management concepts will be incorporated in the design to allow for possible shared driveways. • It is assumed the existing traffic signals will remain in place and only the conduit, wiring and loop detection will need to be replaced. • Existing street lights will be utilized, only the pole bases, conduit and wiring will be replaced. • Minimal basic landscaping will be included, if the design concepts and budget allows. Incorporate conduit and other items that will allow for the addition of landscaping and streetscaping features in the future. ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the preliminary and final plan phases of the project. It is estimated that the ENGINEER and CITY staff will meet no more than five times during the design phase in order to review plan submittals and handle overall project coordination. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain project schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the project's design. 2. Supervision of Subconsultants - The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase/section of the project. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. FNI-6CC SC-1 OWNER e^ C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the project. 2. A location map/schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate locations of their facilities which are or may be affected by the project. 3. The ENGINEER will make every effort to obtain As -Built Drawings, Record Drawings and/or future plans for the following facilities in the project area including: - Roadway - Water and Sanitary Sewer Lines - Storm Drain Lines - Underground and/or overhead telephone, electric and cable lines - Gas Lines - Other Utilities Known to Serve the project Area Plot the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the paving plans. I. SCHEMATIC DESIGN PHASE (30%) A. Roadway Design Using data collected in the field, from the CITY and the survey file, create a schematic level layout for the intersection reconstruction. This layout will be used to present concepts to the landowners and establish the project limits. 2. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. ENGINEER will request feedback from utility companies during the franchise utility coordination meetings on Fridays at 10 am. 3. Prepare schematic level opinion of probable construction cost estimate for the proposed reconstruction. II. PRELIMINARY DESIGN PHASE (60%) A. Roadway Design 1. The ENGINEER will prepare intersection plan sheets at a 1" = 20' scale including proposed horizontal and vertical alignments. The plans will contain topographic information, existing right-of-way lines, locations of driveways, typical sections, roadway baselines, pavement edges, contours where necessary, limits of structures, limits of sidewalks, limits of barrier free ramps and any other information necessary for pavement construction. Profiles at 1"=20' horizontal scale and 1"=1' or 1"=2' vertical scale will contain existing ground lines SC-2 OWNER at the proposed gutter flow line, limits of structures and profile elevations at 1-foot intervals. Spot elevations at critical locations of the intersection and a pavement jointing plan will also be provided. Upon completion, the preliminary design will be submitted to the CITY for review. The preliminary design must be approved by the CITY prior to the start of the final design phase. 2. The ENGINEER will prepare cross -sections along roadways at minimum 50-foot intervals and at proposed driveway locations and will extend 20 feet beyond the existing right-of-way. These cross -sections will form the basis for the determination of earthwork quantities. 3. Existing utilities and utility easements will be shown on the roadway plan and profile sheets per available data from the CITY and franchise utility companies. ENGINEER will coordinate with utility companies and the CITY to ascertain what, if any, future improvements are planned that may impact the Project. ENGINEER will provide an exhibit that shows locations of existing utilities per our research as well as locations for where various franchise utilities should relocate. 4. Roadway typical sections will be prepared for paving sections along the various roadways of the project. 5. Roadway horizontal and vertical control and horizontal curve data will be shown on the plans. 6. Sidewalk locations and widths will be shown on the plans along with barrier free ramps. 7. Coordinate with the CITY's traffic department for the addition of video detection by CITY crews. If controller needs to be relocated this will be shown on the plans, CITY's traffic department will design and install all traffic signal items. 8. Conduit and pull boxes for future pedestrian street lighting will be shown on the plans. 9. Supplementary intersection layout information will be prepared to properly show the relationship between the profiles of intersecting streets, where deemed necessary by the ENGINEER. 10. Miscellaneous paving details will be developed as necessary to describe various types of construction such as sidewalks, curbs, alley returns, etc. when no such CITY standard details are available. 11. Drainage area maps will be prepared at a minimum scale of 1" = 100', using available contour maps. Sub drainage areas will be determined for the drainage design. 12. A preliminary landscaping layout will be prepared utilizing low maintenance materials. SC-3 FNI ACC OWNER i%dft.. B. Quantities and Cost Estimate 1. Project quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire project using current unit cost data. C. Submit Preliminary Plans for Review 1. Submit five (5) - 11"xl7" sets of preliminary plans for CITY review. 2. Submit plans to franchise utility companies for review. 3. Prepare plans for submittal by CITY to TDLR for design review. CITY will hire subconsultant for TDLR design review. III. FINAL DESIGN PHASE (100%) A. Prepare Final Design Plans Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. 2. Include in the plans utility adjustments as needed, such as fire hydrant relocations and valve and manhole adjustments. These adjustments do not include replacement of substandard water or sanitary sewer lines or relocations of sections of lines that may be in conflict with the new pavement section. It is anticipated that only minor adjustments as noted will be needed and that major relocations or replacements will be considered an additional service. Coordinate intersection design with 341h / 33rd St. Waterline Relocation Project. 3. Prepare removal plans for use by the contractor in bidding the project. 4. Prepare plans for the replacement of the incidental items related to utilizing the existing the traffic signals and street lighting as determined from public input and as budget allows. 5. Finalize sidewalk locations and barrier free ramp locations. 6. Finalize landscaping layout 7. Prepare a traffic pavement marking plan in accordance with CITY requirements. S. Prepare a construction sequencing plan for bidding purposes that will outline, in general, the phasing approach as well as limitations on the timing and activities of the construction due to CITY requirements. FNI� SC-4 OWNER B. Calculate Final Quantities and Cost Estimates 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile specifications necessary for the project. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 2. Compile and develop a list of general notes necessary for the project. 3. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit five (5)—11"x17", two (2) full-size sets and .pdf of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agencies and utility companies for clearance. ARTICLE II SPECIAL SERVICES: Additional Services to be performed by FNI, if authorized by CITY pursuant to written direction of the City Engineer or his designee, which are not included in the above described basic services, are described as follows and will be on a cost plus basis: I. BID PHASE SERVICES A. Assist CITY by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders, if necessary. B. FNI will assist CITY in opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the Project. Recommend award of contracts or other actions as appropriate to be taken by CITY. II. CONSTRUCTION PHASE - Upon completion of the bid phase services, ENGINEER will proceed with the performance of construction phase services as described below. ENGINEER will endeavor to protect CITY in providing these services however, it is understood that ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the FNI SC-5 OWNER condition of the premises, the work of the Contractor or any Subcontractor. ENGINEER shall not be responsible for the acts or omissions of any person (except its own employees, and/or its subcontractors or agents) at the Project site or otherwise performing any of the work of the Project. A. Attend Pre -construction conference with contractor. B. Represent the CITY in the non-resident administration of the project. In this capacity, the ENGINEER shall have the authority to recommend to the OWNER the disapproval of work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the project and does not include on -site activities other than occasional site visits to observe overall project conditions or when specifically requested by CITY to visit on site for a particular matter. It particularly does not involve exhaustive or continuous on -site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) C. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. D. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. E. Maintain a hotline phone number to will allow landowners and the general public to inquire on the status of the project. F. Make nine (9) visits to the site to observe the progress and the quality of work and to attempt to determine in general if theworkis proceeding in accordance with the Construction Contract Documents. In this effort ENGINEER will endeavor to protect the CITY against defects and deficiencies in the work of Contractors and will report any observed deficiencies to CITY. G. Prepare or review monthly and final estimates for payments to Contractor, and furnish to the CITY any necessary certifications provided by the Contractor, as to payments to subcontractors and suppliers. H. Conduct, in company with the Contractor and CITY, a final inspection of the project for conformance with the design concept of the project and compliance with the Contract Documents; and approve in writing final payment to the Contractors. I. Revise contract drawings, with the assistance of the CITY's Resident Project Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red -lined set of drawings depicting FNI_ SC-6 OWNERS' changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit one (1) full size (24"x36") set of mylar Record Drawings and one CD-ROM (Microstation and .pdf format) to the CITY. The contractor will be required to submit final as -built survey elevations to ENGINEER for inclusion in the Record Drawings. III. SURVEYING AND SUE SERVICES A. Research property owners and obtain copies of subdivision plats and ownership deeds. B. Locate property corners and establish property lines and existing right-of-way lines. Prepare a right-of-way map of the existing right-of-way showing lots numbers, ownership with recording information and all of the parcels of land affected by the project. Deliverables include a right-of- way map to overlay onto the topographic survey prepared in Microstation along with copies of deeds, subdivision plats and tax ownership information. C. Establish horizontal control from the Texas State Plane coordinate System, NAD83. Set a minimum of four (4) horizontal control points within the project limits. Establish vertical control from the North American Vertical Datum (NAVD 88) vertical control datum. Set a minimum of four (4) project benchmarks and one (1) permanent benchmark along the project limits. D. Provide a topographic survey of the intersection of University Avenue and 30 Street The topographic survey shall include cross -sections extending across University Avenue and 34t` Street from the existing face of buildings along the project limits with the cross -sections being taken at 50-foot intervals and at all grade breaks along the proposed centerline. The topographic survey limits shall also extend to 200 feet beyond the end of the curb return of the intersection. The topographic survey shall include, but not limited to, locating all existing features such as water valves, curb & gutter, asphalt, sidewalks, medians, fences, driveways, storm & sewer manholes, sanitary sewer cleanouts in front of the existing houses, tree lines or trees 6" and larger, tops and toes of slope, power poles, mailboxes, signs, telephone risers and other visible features. E. Deliverables shall include a Microstation drawing file showing the right-of-way lines and the topographic survey features located in the field along with 1-foot interval contours. Provide copies of the survey field notes, a hardcopy of the coordinates and an ASCII file of the coordinates for the points located. F. Subsurface Utility Engineering (SUE) - Perform SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. Quality Level B (QL"B") — Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface FNI63C-r, SC-7 OWNER of w utilities within approximately one foot. The limit of work consists of going 200 feet in all four directions from the intersection of University Avenue and 34`h Street from ROW line to ROW line. G. Perform Quality Level A (%L'X') locates on utilities determined to be in possible conflict. IV. GEOTECHNICAL ENGINEERING A. Drill four borings at the project intersection. The borings will be drilled to a depth of 15 feet below the existing ground surface. Sampling will be performed continuously to 10 feet and at five-foot intervals thereafter or at changes in strata. All boreholes will be backfilled with soil cuts. Rock encountered will be augered and evaluated by Texas Department of Transportation (TxDOT) cone penetration tests. The borings will be used to determine site stratigraphy and to obtain samples for laboratory testing. All the field and laboratory tests will be performed according to ASTM standards, where applicable, or with other established procedures. Results of the geotechnical field and laboratory data will be used to develop pavement design recommendations. B. Verify the CITY's current standard pavement section is applicable based on the soil conditions encountered. These designs will be checked for a 20-Year Design Life criteria based on traffic data (ADT and percent trucks) provided by the City of Lubbock. C. A report of our study will be prepared by an engineer specializing in soil mechanics and foundation engineering after reviewing available structural, geological, boring, and laboratory data. In general, the following items will be included in our report: 1. Plan of borings. 2. Boring logs, 3. Generalized subsurface conditions, 4. Groundwater level observations and subsurface soil conditions, 5. Pavement design recommendations, and General earthwork recommendations. V. PUBLIC MEETINGS A. ENGINEER will attend a total of five public meetings during the design of the project. 1. Gather ideas from landowners & 3e Street Merchants group in two separate meetings held on the same day (approximately 5% level of design). 2. Present concept to landowners & 34`h Street Merchants group in two separate meetings held on the same day (approximately 60% level of design). 3. Kick-off meeting for construction phase with landowners (to be held on the same day as pre -construction meeting). ARTICLE III I. ADDITIONAL SERVICES - Additional Services to be performed by FNI, if authorized by CITY by amendment of this Agreement, which are not included in the above described basic services, are described as follows: FNI_6Cr-- SC-8 OWNER A. Assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the project B. Easement/Right-Of-Way parcel descriptions and/or acquisition. C. Design of additional turn lanes or through lanes. D. Design of landscaping, streetscaping and irrigation systems other than described above. E. Design and construction documents for new traffic signals and new street lighting. F. Production of 3-D animation and/or renderings other than the construction documents. G. Preparation and Submittal of the Stormwater Pollution Prevention Plan (SWPPP). H. This proposal does not include construction staking, daily inspection, or time for City forces to probe for, locate, and uncover existing facilities in the field. I. 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 is not included in this proposal. J. Assisting CITY 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. ARTICLE IV TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the schedule shown below. If FNI's services are delayed through no fault of FNI, so long as FNI exercises diligence to remedy such delay, FNI and CITY, by amendment to this Agreement, shall adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in CITY or regulatory reviews, delays on the flow of information to be provided to FNI by CITY and governmental approvals. These delays may result in an adjustment to compensation, by amendment to this Agreement, as outlined on the face of this AGREEMENT. Notice to Proceed Kick off Meeting Public Meeting Survey (approx. 20 days) Schematic Design (approx. 20 days) City Review & Public Meeting (approx. Preliminary Design (approx. 25 days) City Review & Public Meeting (approx. Final Design (approx. 25 days) Begin Bid Phase 11 /7/08 11/10/08 11/17/08 11/10/08—12/5/08 12/8/08—1/2/09 15 days) 1/5/09 — 1/23/09 1/26/09 — 2/27/09 15 days) 3/2/09 — 3/20/09 4/24/09 4/27/09 SC-9 FNI OWNER ARTICLE V RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to delay the services of FNI: A. Provide all criteria and full information as to CITY'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 CITY will require to be included in the drawings and specifications. B. Assist FNI by placing at FNI's disposal all non -confidential available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project, to the extent CITY is permitted to utilize and rely upon such information and document(s) for the Project. C. 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. D. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CITY may require pertaining to the Project, such auditing service as CITY may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CITY may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work, unless any of such activities are the responsibility or obligation of FNI pursuant to the terms hereof. E. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. F. Give prompt written notice to FNI whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. SC-10 ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and CITY designate the following representatives: CITY's Designated Representative - FNI's Project Manager - FNI's Accounting Representative - Larry Hertel, P.E., City Engineer P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-2329 Fax: 806-775-3074 E-mail: Kevin R. Johnson, P.E. 1701 N Market Street, Suite 500 LB 51 Dallas, Texas 75202 Phone: 214-217-2291 Fax: 214-217-2201 E-mail: kri@freese.com Bill Grozdanich 1701 N Market Street, Suite 500 LB 51 Dallas, Texas 75202 Phone: 214-217-2254 Fax: 214-217-2201 E-mail: big@freese.com SC-11 FNI63 OWNER ATTACHMENT CO COMPENSATION A. Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be on a lump sum basis with an estimated fee of Seventy -Six Thousand Five Hundred Eleven Dollars 76 511 . If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify CITY for CITY's approval and amendment of this Agreement before proceeding. B. Special Services: Compensation to FNI for the Special Services in the Scope of Services shall be based on a cost-plus basis with an estimated not to exceed fee of Fifty -Six Thousand Thirteen Dollars 56 013 . Bid Phase Services $ 2,861 Construction Phase Services $22,212 Surveying Topographic $ 8,250 QL-B SUE $ 3,850 QL-A SUE $ 5,500 Geotechnical Services $ 5,500 Public Meetings $ 7,840 C. Additional Services: If additional services are needed they will be negotiated and performed based on the schedule of charges below and will be approved by the city by amendment of this agreement prior to services beginning. D. Schedule of Charles: POSITION PRINCIPAL GROUP MANAGER SENIOR ENGINEER (PE) ENGINEER (PE) ENGINEER (EIT) LANDSCAPE ARCHITECT SENIOR URBAN PLANNER URBAN PLANNER SR. CONSTRUCTION CONTRACT ADMINISTRATOR CONSTRUCTION CONTRACT ADMINISTRATOR TECHNICIAN OPERATIONS ANALYST / ACCOUNTING SPECIALIST CONTRACT / REGIONAL ADMINISTRATOR WORD PROCESSING/SECRETARIAL CO-OP / INTERN The individual salaries will be adjusted annually. EXPENSES Plotting Bond $2.50 per plot Color $5.75 per plot 208 208 175 139 106 120 175 139 160 110 80 100 80 75 55 Printing Offset and Xerox Copies/Prints $0.10 per side copy Color Copies/Prints $0.50 per side copy CO-1 ATTACHMENT CO Other $5.00 per plot Binding Travel Computer 58.50 per mile Computer Usage $10.00/hour $5.75 per book OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas, and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. CO-2 FNI (!:!(' OWNER 10-25-07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the City of Lubbock. The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also it's approved subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner and FNI may, by amendment to this Agreement, change the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing by amendment to this Agreement. 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non -operation or increased expense of operation or other equipment or systems. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available non - confidential information pertinent to the Project in its possession including previous reports and any other data relative to design or construction of the Project to the extent Owner is permitted to utilize and rely upon such information or documents for the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reasonable reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: As set forth in Attachment AT 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any approved subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk. and. without liability or legal exposure to FNI, or to FNI's independent associates or consultants. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI, as of the date of this Agreement, has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site except as may have been caused or contributed to by FNI. Further, FNI shall have no responsibility, except as otherwise provided herein, for any pollutant during clean-up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor, Page 1 of 2 FNI G(. OWNER material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will finnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agents, or approved subcontractors) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes assessed upon and payable by Owner, if any, imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore, the amounts due by Owner shall be as prescribed by Chapter 2251 of the Texas Government Code. FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full, all undisputed amounts due for Services as provided in this Agreement. 13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet, subcontract or transfer any rights or obligations under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. rc:ProfessionalServicesAgreement.FreeseandNichols.TERMS.101608 Page 2 of 2 FN1 _AgkCC- OWNER ATTACHMENT AT Additional Terms 1. It is understood and agreed that FNI is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and FNI hereby warrants to the Owner that the Services shall be so performed. Further, FNI is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, FNI and FNI's employees will not be considered, for any purpose, employees or agents of the Owner 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. 2. FNI's Defaults/Owner's Remedies. In the event FNI shall default in the performance of any term or provision of this Agreement for any reason other than failure by the Owner to perform hereunder, the Owner may, if said default shall be continuing after five (5) days notice of such default is delivered to FNI, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. 3. FNI shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to Owner, 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 Attachment AT to Agreement For Professional Services with FNI Pagel of 5 with this Agreement, including without limitation, the indemnity obligations set forth herein. FNI shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of FNI to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage 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. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $500,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence FNI shall further cause any approved subcontractor to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for FNI, protecting Owner against direct losses caused by the professional negligence of the approved subcontractor. The Owner shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under the policies. FNI will provide a Certificate of Insurance to the Owner as evidence of coverage. The Certificate will provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the certificate. -2- FNI shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, FNI 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 FNI maintains said coverage. The FNI 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 of Lubbock. If at any time during the life of the Agreement or any extension hereof, FNI fails to maintain the required insurance in full force and effect, FNI shall be in breach hereof and all work under the Agreement shall be discontinued immediately. FNI shall indemnify and hold Owner and Owner's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attomey's fees, as a result of, related to, arising from, or related to FNI's use or occupation of Owner owned lands, and/or any matter related to FNI's activities, performances, operations or omissions under this Agreement. 4. FNI shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 5. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the -3- United States mail, as set forth above. For Owner: Larry Hertel, P.E., City Engineer P.O. Box 2000 Lubbock, Texas 79457 Phone: 806-775-2329 Fax: 806-775-3074 For FNI: Kevin Johnson, P.E. 1701 North Market Street, Suite 501 LB 51 Dallas, Texas 75202 Phone: 214-217-2291 Fax: 214-217-2201 Email: kr @freese.com 6. THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 7. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between FNI and the Owner. 8. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this -4- Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 9. A waiver by either Owner or FNI of a breach of this Agreement shall be in writing. 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. 10. FNI represents and warrants to Owner that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, FNI to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind FNI hereto. rc AttachmentATYNI.2008 -5- pie• d t s 777 l! VI fM t , a ra 4` t V11 Ry, 1 p $'t 1 i IBM- 'xp aa^+g?'wyx-jNar N#+-'.�we.aarw.:yY� '; ` .yww,.„f�J� � ..—®.,,•......+>r,'� '.. ' n*«rrtee.*."i""" «. ... ,,,.,7,�"3"':•. %'3k"uSa sat, ' -. '---.._._ _ . : .au r•w ... �ti.$4'�ilY:�.&.?. ��%` LSW�•'.:TlLd;:AV.. • I M F k7l Z 3 a ,=.4,re Resolution No. 2008-RO434 CITY OF LUBBOCK UNIVERSITY AVE & 34th STREET INTERSECTION IMPROVEMENTS mm MAN HOUR CALCULATION e FREESE - NICHOLS Prepared By KRJ Date: 10=2008 ITEM # TASK I Q, &Client Re PROJECT MANAGER LEAD DESIG ENGLNEER CADD TECH ADMIN TOTAL Fgt& Fnis HRS lum FgCS_ 11 lm cost I Kick -Off Meeting 8 8 8 24 $3,624 2 Site investigation 4 4 8 S980 3 Conceptual Design 10 30 40 80 $7,730 4 Typical Sections 1 2 2 5 $509 5 tltlktyCoor6nacon 1 4 8 13 $1,197 6 O/VQC 2 2 4 $694 7 Project Meeting 4 4 8 S980 SUBTOTAL CONCEPTUAL DESIGN 10 30 52 42 8 142 $15,704 1 overSheet 1 4 6 11 S1,037 2 General Notes 2 4 6 12 S1,176 3 Typical Section 2 4 6 12 $1,176 4 Paying P&P 2 16 45 75 138 S13,335 5 Drainage Area Map 2 10 20 32 $2,918 6 Drains Celcuiations 2 8 4 14 $1,442 7 Construction Cost Estilmate 2 6 8 S914 8 QAIQC a Constructability 4 4 2 10 $1,600 9 Pro' ct Meetings 4 4 8 $990 "TOTAL for PRELEMNARY ENGINEERING 6 35 87 117 245 S24,578 1 Cover Sheet 1 1 1 3 $324 2 lGeneral Notes 1 2 2 5 $509 3 Quantity Summanry Sheet 1 2 2 5 $509 4 Contr6 Sheet 1 2 2 5 $509 5 Typical Section 1 2 2 5 $509 6 PavingPSP 20 30 60 110 $10.700 7 Drainage Ares Map 1 4 4 9 S879 8 Construction Sequencng 2 4 8 16 30 $3,094 9 Permanent Pavement Markings 2 4 8 14 $1,334 10 Coormnation wr33rd St. Waterline 2 8 10 $1,126 11 ImmeDetaft 1 2 4 8 15 $1,542 12 Erosion Control 2 2 2 6 $648 13 Cross Sections 2 8 20 30 $2.706 14 Specifications 1 2 18 21 $2,394 15 Bid Proposal 2 6 8 $914 16 Final Corrstmct- Cost Estimate 1 2 8 11 $1,334 17 QAlQC a Constructability 6 4 4 14 $2,229 18 Project Meeting. 4 4 8 $980 SUBTOTAL for FINAL ENGINEERING 11 1 54 1 117 127 309 S32,229 1 Printing a Reproduction $3,000 2 Mileage $500 3 Misc. Project Expenses $500 SUBTOTAL for PROJECT EXPENSES $4,000 SUBTOTAL for BASIC SERVICES S76,511 Hourly not to ceed 1 Respond to RFrs and Issue Addenda 4 6 4 12 26 $2,444 2 Bid Opening 8 Bid Tabulation 3 1 3 $417 SUBTOTAL for BID PHASE 7 66 8 12 29 S2,861 s l_�.f- g=B 1 Kick -Off Meeting 4 4 $556 2 Submittal Reviews 4 16 20 $ 252 3 Anrnyer RFI'a, change orders prep, etc. 8 40 49 $3,352 4 Maintain hotline 8 40 48 S4,232 5 $As visits (9) 54 54 $7,506 6 Final inspection 4 4 8 $980 7 Record DraWng Production 2 4 8 14 $1,334 SUBTOTAL for CONSTRUCTION PHASE 84 64 8 40 1% $27,212 Win'.. .. �-Pl, 1 TopoWaphic Design Survey, $8,250 2 ❑L-81ocates $3,850 3 QL-A Locates $5,500 SUBTOTAL for SURVEY $17,600 1 GetoechnkalAna is $5,500 1 Public Meetings to 0,alher ideas (2 meetings) 10 12 2 4 28 $3,136 2 Public Meeting to present concepts (2 rrmetin 10 12 2 4 28 $3,136 3 Public Meeting for C lruciton (1 meetin) 5 6 1 2 14 $1,568 SUBTOTAL for PUBLIC MEETINGS 25 30 5 10 70 $7,840 SUBTOTAL for SPECIAL SERVICES1 I S56,013 PROJECT TOTAL (Max. Fee) $132,524