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