HomeMy WebLinkAboutResolution - 2012-R0247 - Contract - Freese And Nichols Inc.- Design Well Field Supply Line - 06_21_2012Resolution No. ZU12-RO247
June 21, 2012
Item No. 5.6
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Professional Services Contract for
services related to the preliminary design of the Bailey County well field supply line, by
and between the City of Lubbock and Freese and Nichols, Inc., and related documents.
Said Contract is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on
June 21, 2012
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ATTEST:
Reb cca Garza, City SNcr t
APPRO `v'ED AS TO CONTENT:
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Marsha Reed, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:cedocs/RES.PSGFreese and Nichols, Inc.
June 5, 2012
Resolution No. 201Z—RO247
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This contract, (the "Contract" or "Agreement"), effective as of the 21st day of
.►une , 2012 (the "Effective Date"), is by and between the City of Lubbock, (the "City"),
a Texas home rule municipal corporation, and Freese and Nichols, Inc., ("ENGINEER") a Texas
professional corporation authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the City desires to obtain professional engineering services related to the
Preliminary Design of the Bailey County Well Field Supply Line (the "Activities"); and
WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined
below, for the price provided herein, said price stipulated by City and Engineer to be a fair and
reasonable price; and
WHEREAS, the City desires to contract with ENGINEER to provide professional engineering
services related to the Activities and Engineer desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth
in this Contract, the City and ENGINEER hereby agree as follows:
FNI Professional Agreement Page 1 of 16
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without
interruption for a term of 210 days, as set forth in Exhibit "A", attached hereto and made a part of
this Agreement for all purposes. The term may be extended by subsequent amendments of this
Agreement, with the written and authorized consent of both parties.
ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A",
attached hereto (the "Services").
B. ENGINEER shall receive as consideration to be paid for the performance of the Services set
forth in Basic Services Tasks 1 through 8 based on hourly rates, not to exceed $274,129, per
Attachment "A".
1
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30)
days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only
pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have
received notice of termination as provided herein.
B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision
of this Contract the City shall be entitled to exercise any right or remedy available to it by this
Contract, at law or equity, including without limitation, termination of this Contract and assertion of
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude
the concurrent or subsequent exercise of any other right or remedy and all other rights and
remedies shall be cumulative.
ARTICLE IV. NON -ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a
FNI Professional Agreement Page 2 of 16
court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas and is qualified to carry on its business in the State of
Texas.
B. Corporate Power. ENGINEER has the corporate power to enter into and perform this
Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on
the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the
ENGINEER and is enforceable in accordance with the terms thereof.
D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other
qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and
regulations, both state and federal, including, without limitation the applicable laws, regarding the
activities contemplated hereby,
E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract
in accordance with the standard of care, skill and diligence normally provided by a professional
person in performance of similar professional engineering services, and comply with all applicable
laws, rules, and regulations, both state and federal, relating to professional engineering services, as
contemplated hereby.
F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by
ENGINEER for use by City pursuant to this Contract shall not contain any proprietary material owned
by any other party that is protected under the Copyright Act or any other law, statute, rule, order,
regulation or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely
responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy
FNI Professional Agreement Page 3 of 16
this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss
caused to City or by to which City is exposed on account of ENGINEER's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
ENGINEER shall accomplish the following:
Professional Engineering Services related to the Preliminary Design of the Bailey County Well
Field Supply line, as defined in Exhibit "A," "Scope of Work".
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an
independent contractor and shall be considered as an independent contractor under this Agreement
and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine
the manner in which the services are to be performed. During the performance of the Services
under this Agreement, Engineer and Engineer's employees and/or subconsuitants, will not be
considered, for any purpose, employees or agents of the City within the meaning or the application
of any federal, state or local law or regulation, including without limitation, laws, rules or regulations
regarding or related to unemployment insurance, old age benefits, workers compensation, labor,
personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
Engineer 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 City,
carried with an insurance company authorized to transact business in the state of Texas, covering all
aspects and risks of loss of all operations in connection with this Agreement, including without
limitation, the indemnity obligations set forth herein.
Engineer shall obtain and maintain in full force and effect during the term of this
Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and
maintain in full force and effect during the term of this Agreement, commercial general liability,
professional liability and automobile liability coverage for non -owned and hired vehicles with
insurance carriers admitted to do business in the state of Texas. The insurance companies must
carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written
on an occurrence basis, subject to the following minimum limits of liability:
FNI Professional Agreement Page 4 of 16
Commercial General Liability:
Combined Single Limit: $1,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
Engineer shall further cause any approved subcontractor or subconsultant to procure and
carry, during the term of this Agreement, Professional Liability coverage, as specified above for
Engineer, protecting City against direct losses caused by the professional negligence of the approved
subcontractor or subconsultant.
The City 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 those policies.
Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate
shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and
waiver of subrogation attached to the policy will be included in the Certificate..
Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002
of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this
Agreement and shall comply with all provisions of Title S of the Texas Labor Code to ensure that the
Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability
Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include
a waiver of subrogation in favor of the City of Lubbock.
If at any time during the life of the Agreement or any extension hereof, Engineer fails to
maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all
work under the Agreement shall be discontinued immediately.
FNI Professional Agreement Page 5 of 16
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING
OF CONSULTANTS
ENGINEER may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on
Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of
Subconsultants. ENGINEER is at all times responsible to City to perform the Services as provided in
this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon
retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or
employed by ENGINEER shall be required to carry, for the protection and benefit of the City and
ENGINEER and naming said third parties as additional insureds, insurance as described above in this
Contract.
ARTICLE X. CONFIDENTIALITY
ENGINEER shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior
written consent of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES,
DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION,
INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR
INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR
PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT
ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE
PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN
SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT.
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ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Contract, and
any amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or
permitted by this Contract and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall
be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery);
or (3) by depositing the written notice in the United States mail, properly addressed to the other
party at the address provided in this article, registered or certified mail, return receipt requested, in
which case such notice shall be effective on the third business day after such notice is so deposited.
are:
B. ENGINEER 's Address. ENGINEER 's address and numbers for the purposes of notice
Freese and Nichols, Inc.
Attn: Nick Lester, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Telephone: (817) 735-7300
Facsimile: (817) 735-7491
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: John Turpin, P.E.
P. 0. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775 — 2342
Facsimile: (806) 775 - 3344
FNI Professional Agreement Page 7 of 16
D. Change of Address. Either party may change its address or numbers for purposes of
notice by giving written notice to the other party as provided herein, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall become
effective on the 15th day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA
City shall furnish ENGINEER non -confidential studies, reports and other available data in the
possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such
studies, reports and other data for the performance of ENGINEER's Services under this Contract (the
"Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is
reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall
not be given any effect in construing this Contract.
B. Audit. ENGINEER shall provide access to its corporate books and records to the City.
The City may audit, at its expense and during normal business hours, ENGINEER 's books and
records with respect to this Contract between ENGINEER and City.
C. Records. ENGINEER shall maintain records that are necessary to substantiate the
services provided by ENGINEER.
D. Assignability. ENGINEER may not assign this Contract without the prior written approval
of the City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and
ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and
in the case of ENGINEER, its permitted successors and assigns.
FNI Professional Agreement Page 8 of 16
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE
IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE
STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS
ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED
HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by
any court of competent jurisdiction with respect to any person or circumstances, the remainder of
this Contract and the application of such provision to persons and/or circumstances other than those
with respect to which it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract
shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent
to this Contract, and duly authorized and executed by ENGINEER and City.
I. Entire Agreement, This Contract, including Exhibits "A," attached hereto, contains the
entire Contract between the City and ENGINEER, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint
venture, joint enterprise, partnership or principal — agent relationship between ENGINEER and the
City.
K. Documents Owned by City. Any and all documents, drawings and specifications
prepared by ENGINEER as part of the Services hereunder, shall become the property of the City
when ENGINEER has been compensated as set forth in
Article II, above. The ENGINEER shall make copies of any and all work products for its files.
L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement
must be in writing to be effective. In the event either party shall execute and deliver such waiver,
such waiver shall not affect the waiving parry's rights with respect to any other or subsequent
breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any
rights or benefits whatsoever to any party other than City and ENGINEER.
FNI Professional Agreement Page 9 of 16
EXECUTED as of the Effective Date hereof.
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operating Officer
J/
n Turpin, P.E.Jghief Water Utilities Engineer
APPROVED AS TO FORM:
Amy ms Assistant City Attorney
CITY OF LUBBOCK
FREESE AND NICHOLS, INC.
lw�4 w5dRMSE.,
Name: Russell Gibson, P.E.
Title: Principal
FNI Professional Agreement Page 10 of 16
Resolution No. 2012—RO247
EXHIBIT A
City of Lubbock, Texas
Bailey County Well Field Supply Line
Route Study - Phase 1
Scope of Work for Freese and Nichols, Inc.
The Bailey County Well Field Supply Line Route Study (The Project) includes a detailed study of the
route for the pipeline from the connection at the Bailey County pipeline to pump station number 7.
Phase 1 of The Project is intended to determine the pipeline route, to allow The City of Lubbock
(The Owner) to proceed with land surveying and land acquisition for the pipeline and other facilities.
The primary objective of Phase 1 of the study is to determine the following:
1. Pipeline route
2. Identify Permitting Requirements for the Pipeline
3. Provide a conceptual design of the facilities including the following:
a. Pipeline diameter
b. Pipeline materials
c. Pipeline appurtenances
d. Preparation of a Conceptual Design Report for Phase 1,
4. Prepare detailed environmental Desktop study and limited Field study
BASIC SERVICES: FNI shall render the following professional services in connection with Phase 1
of The Project:
1. Kick -Off Meeting: Hold a kick-off meeting with the Owner to establish route selection
criteria and facility location criteria. Possible criteria for the pipeline route include the
following:
a. Construction Costs
b. Land Costs (to be supplied by the Owner)
c. Environmental Permitting Issues
d. Constructability
e. Impacts to Public
FNI Professional Agreement Page 11 of 16
f. Lubbock County Issues
g. Consideration for Future Demand/Use
2. Obtain Data: FNI will obtain and review available data including:
a. Aerial photography from DOQQ or other sources
b. USGS digital contour maps
c. Geologic and soil mapping
d. Leaking Petroleum Storage Tank (LPST) sites
e. Wetland mapping and species habitat mapping, if available
f. Other mapping provided by City (Utilities, Property maps, preliminary plats, proposed
thoroughfares)
3. Initial Alternate Route Selection: FNI will select up to three alternate routes for
evaluation. FNI will meet with the Owner to review alternate routes and make preliminary
modifications, if any.
4. Evaluate Alternate Routes: FNI will evaluate the alternate routes including the following
analysis:
a. Develop construction cost estimates for each pipeline route. The cost estimates will
include preliminary analysis of pipe diameter, pipe pressure class, road crossings, creek
crossings, typical appurtenances, and general construction requirements. FNI will
perform reconnaissance level viewing of the routes, where road access permits.
b. FNI will evaluate the relative differences in environmental conflicts including, waters of
the U.S., historic sites, wetlands, playa lakes, LPST sites, and threatened and
endangered species. Environmental studies will include office research of known sites,
and some field reconnaissance to confirm the presence or absence of features. The
work for Phase 1 does not include a full pedestrian survey.
5. Conceptual Design Report: FNI will prepare a draft report of the study and present it to
the Owner. After receipt of the Owner's comments, FNI will revise the report and present
the final draft to the Owner. The Conceptual Design Report will include the following:
a. Description of Alternates
b. Recommendations for Facilities (Including Future Demand/Use)
c. Maps of the Alternate Pipeline Route and Project Facility Locations
d. Recommendations for land and easements
FNI Professional Agreement Page 12 of 16
e. Engineer's Opinion of Probable Construction Costs
f. Description of Permitting Requirements
g. GIS Mapping
h. Final Recommendation of Route
6. Meetings and Communications: FNI will attend monthly meetings with the Owner to
discuss the project. FNI will prepare monthly reports to discuss the status of the project,
coordination items, completed tasks, and upcoming tasks.
7. Environmental Studies: The scope outlined below assumes that there is no major
opposition in the permitting process and that there are no unusual permitting problems. It
is anticipated that no formal notification to the Corps of Engineers will be required, and the
project will be permitted under the Nationwide 12 Permit Authorization. If opposition
develops or permitting problems occur, the scope and fee limit will be revised and submitted
to Owner for approval.
a. Provide a limited environmental field studies of the final route, to support the Corps
of Engineers 404 Permit. Prior to making a field visit, obtain information for the
vicinity such as soils maps, National Wetland Inventory maps, topographic maps,
floodplain maps, and other readily available, pertinent data. This information will be
evaluated to guide the field survey described below. Freese and Nichols scientists
will conduct a limited pedestrian survey of the final route to identify environmental
issues. When Right of Entry is obtained in the next phase a full pedestrian survey
will be performed. This investigation will include the following:
• Identification of "waters of the U. S." as defined by U. S. Army Corps
Engineers' regulations. These waters of the U. S. are regulated by the
USACE and require a permit for activities conducted within the jurisdictional
boundaries. The presence of jurisdictional waters such as ephemeral,
intermittent, or perennial streams; wetlands; or other open waters will be
documented,
• The presence of potential habitat for any federally listed threatened or
endangered species will be determined.
FNI will prepare a technical memorandum that will include a description of field
observations described above; an opinion of whether or not jurisdictional waters are
present, and if so, the type(s) of waters; an estimate of the area of impact to
waters of the U.S.; and a discussion of potential USACE 404 permit options.
8. Low Head B Pump Station — Provide Engineering support for maintenance and repairs of
the Low Head B Pump Station.
FNI Professional Agreement Page 13 of 16
a. Assist the City of Lubbock Staff with engineering support for repairs of the Low head B
Pump Station.
b. Assist the City of Lubbock Staff with procurement of equipment needed.
c. Review and comment on equipment procured.
Items to be performed by the City of Lubbock:
1. Provide Mapping as required for the following:
a. Obtain Property maps from local appraisal districts
b. Flood mapping
c. Utility mapping where available
d. City mapping including master thoroughfare plans, utility maps, street maps,
property maps, aerial photography, and contour maps where available.
2. Provide land cost estimates for each alternate route.
3. Coordinate with state, county, and city road authorities where the route will be located
within their right-of-way, if any. The coordination will be to determine the likelihood and
requirements for locating the pipeline within public road right-of-way.
4. Recommended Phases and Schedule for Project Development.
5. Landowner Coordination.
FNI Professional Agreement Page 14 of 16
TIME OF PERFORMANCE
ENGINEER shall commence work immediately following authorization to proceed. ENGINEER has
reviewed the project with the CITY and agrees that the schedule presented below is a reasonable
timeframe within which to accomplish the work.
Milestone
Kick -Off Meeting/Design Development
Preliminary Design Report Draft
Preliminary Design Report Final
PROJECT SCHEDULE
Weeks Following Cumulative
Deliverable Weeks
a
o
12
12
6
18
ENGINEER -CITY mutually agree that they will work toward meeting the above schedules. Should the
Scope of Work be changed and/or should problems arise during the course of the work effort that
could affect the above schedule, it is understood that both CITY and ENGINEER will develop a
revised schedule and budget limit, if required, to address scope changes, delays by CITY, or other
problems. It is understood that the ENGINEER must proceed with the work while the CITY reviews
each submittal. CITY agrees to submit all review comments for the submittal within fourteen (14)
days following the ENGINEER's submittal. Impacts from CITY's comments, which require extensive
rework, may impact the schedule and budget and in -turn, may be considered a change in scope.
FNI Professional Agreement Page 15 of 16
BUDGET
CITY and ENGINEER have established a not -to -exceed budget of $274,129 to complete all services
under this Task Order. This amount will not be exceeded without a contract amendment. CITY will
pay the ENGINEER hourly, not to exceed $274,129 for services identified in Tasks 1 through 8 of the
Basic Services, unless noted otherwise in the Scope of Work.
ENGINEER agrees to complete these services for this amount unless the Budget is amended by CITY
and ENGINEER as a result of a change to the Scope of Work or Time of Performance.
The budget assumes that all work will be completed within 210 calendar days from the Notice to
Proceed.
FNI Professional Agreement Page 16 of 16
ATTACHMENT A
COMPENSATION
Compensation to Freese and Nichols shall be based on the following Schedule of Charges:
Not to Exceed: The total fee for Basic Services in Attachment SC shall be
computed on the basis of the Schedule of Charges, but shall not exceed Two Hundred
Seventy Four Thousand One Hundred Twenty Nine Dollars ($274,129).
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 OWNER for OWNER's approval before proceeding.
Additional Services shall be computed based on the Schedule of Charges.
Schedule of Chases:
Position
R,�g
Position
Rate
PRINCIPAL
388.50
3D VISUALIZATION COORDINATOR
178.50
GROUP MANAGER
247.00
ENVIRONMENTAL SCIENTIST VII
228,90
ENGINEER VIII
269.85
ENVIRONMENTAL SCIENTIST VI
199.50
ENGINEER VII
263.56
ENVIRONMENTAL SCIENTIST V
168.00
ENGINEER VI
236.25
ENVIRONMENTAL SCIENTIST IV
147.00
ENGINEER V
185,00
ENVIRONMENTAL SCIENTIST III
126.00
ENGINEER IV
169.05
ENVIRONMENTAL SCIENTIST II
88.20
ENGINEER III
150.15
ENVIRONMENTAL SCIENTIST I
87.15
ENGINEER II
141.75
ARCHITECT VI
201.60
ENGINEER 1
116.55
ARCHITECT V
182.70
ELECTRICAL ENGINEER VI
222.60
ARCHITECT IV
147.00
ELECTRICAL ENGINEER V
182.70
ARCHITECT III
140.70
ELECTRICAL ENGINEER IV
144.90
ARCHITECT II
113.40
ELECTRICAL ENGINEER III
136.50
ARCHITECT 1
97.65
ELECTRICAL ENGINEER If
132.30
PLANNER VI
213.15
ELECTRICAL ENGINEER 1
124.95
PLANNER V
163.80
MECHANICAL ENGINEER VI
215.25
PLANNER IV
129.15
MECHANICAL ENGINEER V
191.10
PLANNER 111
117.60
MECHANICAL ENGINEER IV
166.95
PLANNER 1
96.60
MECHANICAL ENGINEER 111
147.00
HYDROLOGIST V
184.80
PROGRAM MANAGER 11
222.60
HYDROLOGIST IV
144.90
CONSTRUCTION CONTRACT ADMIN III (OC)
184.28
HYDROLOGIST III
133.35
CONSTRUCTION CONTRACT ADMIN III (Spec. Insp)
147.26
HYDROLOGIST II
121.80
CONSTRUCTION CONTRACT ADMIN III (CM)
136.50
GEOTECHNICAL ENGINEER VI
236.25
CONSTRUCTION CONTRACT ADMIN III (Sr. RPR)
105.00
PUBLIC INVOLVEMENT COORDINATOR
134.40
CONSTRUCTION CONTRACT ADMIN II (LAH PS RPR)
126.00
WEB SERVICES ADMINISTRATOR
157.50
CONSTRUCTION CONTRACT ADMIN I (DCS 11)
111.30
WORD PROCESSINGJSECRETARIAL
80.85
CONSTRUCTION CONTRACT ADMIN I (RPR)
99.75
OPERATIONS ANALYST
145.95
CONSTRUCTION CONTRACT ADMIN I (PEPS RPR)
115.50
CONTRACT ADMINISTRATOR
92.40
DOCUMENT CONTROL CLERK
106.05
INFORMATION SERVICES ADMINISTRATOR
79.80
SR DESIGNER
196.35
INFORMATION SERVICES CLERK III
63.00
DESIGNER II
158.55
INFORMATION SERVICES CLERK II
58.80
DESIGNER 1
136.50
INFORMATION SERVICES CLERK 1
57.75
CADD DESIGNER
168.00
CO-OP
70.35
TECHNICIAN IV
142.80
TECHNICIAN 111
11445
TECHNICIAN II
95.55
TECHNICIAN 1
73.50
GIS COORDINATOR
144.90
GIS ANALYST IV
131.25
GIS ANALYST 111
108.15
GIS ANALYST II
96.60
GIS ANALYST 1
72.45
The ranges and individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAR Calcomp Plotter
PC CAD Stations $10.00 per hr. Bond $2.50 par plot
Other $5.00 per plot
Color $5.75 per plot
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $20.00 per test
Print Shop
Color Copies & Printing $0.50 per single side copy
$1.00 per double side copy
Black & White Copies & Printing
Binding
$0.10 per single side copy
$0.20 per double side copy
$5.75 per book
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel,
transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and
other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD
services performed In-house by non•FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost til
FNI
OWNER
Freer erd t4Ielwls, kit, Resolution no. 2012—R0247
�;ili�t.YDDodc
- c-'•" „•,a'�..'` e ,.,,,.� -i` M>tsM fie_Id - - - �,-,`.,� . ; ,�"� ; 3.; Y : r• P Fee Summary Dial S
Detailed Coat Brealydow n TWaI pwle& 274,120
Basic Services
Task Leber Talk Description Kkm L— R-rober wre xe.eq rear— demo JW-10mmrarrlrerd' OW501V Memo eat at Memo WH ww Total Labor
i Total Hwae EffortToW Exp Effort Total Effort
Hourly Bill Halo $185.00 S247.00 $141.75 $166.00 5789.45 $228.90 $147.00 $126.00 $108,15 1 $8716 1 $222.60 1
65 S 9,022 s 580 $ 9,582
2- 1AOrx1iM9at F1e1g8tud�L -. - f----'2 - .' 3p - .. 62 S 8.6/8 S 2R44 $. 10e91
3$rs18101ipry Evaldehrlir Merlro _ '-' - , - --- -i 1L _ 30 !.:' --12-� _-� 54 S 8.�7 $ 490 $ 7.097
4s __ 1Y____, t2 __ ..._..a.._-__ -_R _ 96 S 5.885 S 1.BB5 $ 8.770
-- _ ...._ ____ _-___ _ ____ _ �._._.
5 Dt4airi Er(MktQ0 48- - 12- _ ¢� 78 S _11.713 $ 3,_145 _$ 14,658
12 -_ �i - - 20 -�- - - 142 S 22.542 $ 1,176 $ 23,718
7 FWRwta-'�t+1dy 60 15 _ -_1 4sI .x0- .� �� _ _ 164 _ _.S 27,379 $ s 169 S 33�568
a }Palle Sit d�f Coii TatdM ate$ 6 4 Yi - r' 36 $ 6,070 S 205 $ 6,075
9 tP[�itnitla4Y pasign F4i1re't - _- �- _ I-._-. 'Y _�_e--- --- a - - - _ _ _ 220 s a6.zsa $ 3,36o S 38,633
_ toTf►ewml 3g a - 20^1:F-- - 62 $ 19.�a $ s59 S 11,47e
11 FlC1Ra ReVfeW#7eM1 --_ -__ 3D__--- 1Q 80- �- 90 s 17,213 $ 5.000 a 22282
--
12 Meetwilh t:olady C81:'los� U01i6e5 2Q 4 2424 48 _ s _ _e,090 b 3.068 $ 11,140
28 $ 5,724 $ 1.708 S 7,432
14klimp Asla Eiaean;it 24. 4 4Q t - ' _ - -_-68 _ $ _11.098 f _ 5,694 $ 16.792
15 W W He9d AedletlCB 40 95 _ $ _ 19,483 $ _ 985 _$ 24468
1&. Lel4iieM16F.fACOrelflBlBAapiNala76v _ :� A 49 $ 9.649 $ 785 $ 10.634
�17L4rf}feM16&i1Mtr8gl ReVieW - 40�_ -_- $ Y_ -�4�.,.•.�_ -®R -- - - - _ _---- gg $ 17,868 $ 905 $ IOAM
?�-------- - - --- - -- -------- $ 663
$-
--20
Total Hours 394 140 416 _ 92 8_ 1e 1 60 60 92 12 _ 100
,362 Labor Effort 5 72,890 S 341500 $ 58,968 S 15A% 5 15 2.289' S 800, S T,660 S OXO1 $ lAU S 22,260, $
Total Basic S4rvieas 1,364 S 235,171 15 38,9681 S 274,129
Expenses Corrlptner Hra B&W caples COW copies Plotter- piea Mlles Bidding Travel Rental Hotel Equipment Total Exp
Color other Rental Effort
1 Envirorvnental 0-Mop SLu1y/Mapping - 45 - 150— �` �- - 10T- �- 560
- --
2 Envirorarrve! Feld 31udy _ 4 — _ „� 900 _ too 5D0 - -T" - S 2.244
3 Environmental PreliMinar�r Evaluation Memo ,_ T 46 1 60 - _ + -v----_ _ _ $ _ 490
...__ ._ _
4 Kkkoft Meeting --260 _ _ _ _ �- 1260 ' .2�0 S 1.665
5 Obtain Extslirlg Dala 2Q - 200 '- 1101) 1 - - .. __ _ _145
6 C"!M Haute Sfudy _ _ _ 100 150 -l 50 -�_-'-1,176
7 Raid Route Study `T r� 1-i-'���y -----S
Ro6,169
8 Nuts study Coat Eslrrtates 20 50 ; -- - t -- --�--' "--__- - _ -- - .-_- S 205
--� - r�
9 Preliminary Design Report _ 120 SOD t 600 _ - 1 - Yfi_ 1200 3g0 S 3.9_69
-- --
10 Design Re�orl'Research 40 254 `1260 -- - � _ S 550
11 Roula Study Review Meetings (3 Mewinge)-----^-_,_ _ - V -_ ..�__ S 6,069
12 Meel With County, C Local_lllilitias ! ----,_ -- - _ -_•- _ �- 250 f i 10l . --- 1&f0 450 _ _ 4G0 i - - ^- S 3,058
708
13 _O hY- _ � _ ..: _�--. _ _ �_ - 10 2000� T.g(p _- fi00 ___ - $ 5,694
14 Pr Data Research - ,694
15 Low Fltad Engsteenng hssrtanca 40 100 _. :1 �� ' 350 190 - - _ $ 985
16 Low Head 8 Procurement Awstance 20 100 a1150.
-._ _ .._ - _Re - rr
17 Law HeadR Sr16mf0al Review_ _ k� 40 100 TM---86i7-_ $ _ 96_5
t8 GPS Rectal ^{�-�-^ } .l ._ - ___..`5 663
Total Basile Services Expenses 6$4 2,550 Z275 2,500 55 - 35 17.000 4,600 _ 3.500 750 _ __
Tote! Bathe Services Expenses Effort $ 6,840--- 2g $ 1,138 S- 1,688 $�16 $ - � 201 $ 19,550 f -6,1751 f _0-2 S Sol $ - S 38,958
SMIJ2012