HomeMy WebLinkAboutResolution - 2018-R0392 - Freese And Nichols - 11/01/2018Resolution No. 2018-RO392
Item No. 6.5
November 1, 2018
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 Agreement No. 14072 for Engineering
Services for Northwest Lubbock Drainage Improvements, Phase 3, 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 November 1, 2018
DANIEL M. POPE, MAYOR
ATTEST:
A---
Reb t
cca Garza, City Secretary �)
APPROVED AS TO CO T:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.PSC-14072 FNI
09,10.18
Resolution No. 2018-RO392
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 14072 is entered into this 1 st
day of November , 2018, is by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and Freese and Nichols, Inc., (the" Engineer'), a Texas corporation.
WITNESSETH
WHEREAS, The City desires to contract with the Engineer to provide professional services for
Northwest Lubbock Drainage Improvements, Phase 3, (the "Activities"); and
WHEREAS, the Engineer has a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined below, for
the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable
price; and
WHEREAS, the City desires to contract with the Engineer to provide professional services
related to the Activities, and Engineer desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and the Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of 1,095 days. If the Engineer determines that additional time is required to complete the Services,
the City Engineer, may , but is not obligated to, in his or her discretion, execute an agreement to grant up
to an additional six (6) months of time so long as the amount of the consideration does not increase. An
amendment to this Agreement resulting in an increase in the amount of the consideration must be approved
by the City acting through its governing body.
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ARTICLE II. SERVICES AND COMPENSATION
A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit
"A, Part I", and if so approved at a later date in writing between the parties, Exhibit "A, Part 2", attached
hereto (the "Services").
B. The Engineer shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $782,100, as set forth in Exhibit `B, Part 1 and 2".
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only
pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to
have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this
Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seeki udicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
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B. Corporate Power. The Engineer has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is
enforceable in accordance with the terms thereof.
D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement
in accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer
for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other
party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance
or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely
responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this
requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused
to City or to which City is exposed on account of the Engineer's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
The Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A, Part I", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Engineer and the City agree that the Engineer shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement and/or
in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in
which the Services are to be performed. During the performance of the Services under this Agreement, the
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ARTICLE X. CONFIDENTIALITY
The Engineer shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED
PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required
or permitted by this Agreement and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall be
effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3)
by depositing the written notice in the United States mail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
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B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are:
FREESE AND NICHOLS, INC.
Heather Keister, P.E., CFM
2732 82" d Street, Suite A
Lubbock, Texas 79423
Telephone: 806.686.2706
C. City's Address. The City's address and numbers for the purposes of notice are:
John Turpin, P.E.,
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: 806.775.2342
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Agreement, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th day
after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to the Engineer's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under
this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such
reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not
be given any effect in construing this Agreement.
B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City
may audit, at its expense and during normal business hours, the Engineer's books and records with respect
to this Agreement between the Engineer and the City.
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C. Records. The Engineer shall maintain records that are necessary to substantiate the services
provided by the Engineer.
D. Assignability. The Engineer may not assign this Agreement without the prior written approval
of the City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the
Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the
case of the Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK
COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE
AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement
and the application of such provision to persons and/or circumstances other than those with respect to which
it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the Engineer and the City.
I. Entire Agreement. This Agreement, including Exhibits "A Parts 1-2, B Parts 1-2, and C" attached
hereto, contains the entire agreement between the City and the Engineer, and there are no other written or
oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated
herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between the Engineer and the City.
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K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has
been compensated as set forth in Article 11, above. The Engineer shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent
breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than the City and the Engineer.
N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City
will terminate the Agreement, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the services covered by this
Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are
not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall
not be obligated under this Agreement beyond the Non -Appropriation Date.
O. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that:
(1) The Engineer does not boycott Israel; and
(2) The Engineer will not boycott Israel during the term of the Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 9 of 10
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
Rebe t
a Garza, City Secretary
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., CFM,
Division Director of Engineering/City Engineer
;sneer
APPROVED AS TO FORM:
I d"u
K lli Leisure, Assistant City Attorney
DANIEL M. POPE, MAYOR
Firm
FREESE AND NICHOLS, INC.
Nicholas Lester, P.E., Vice President
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EXHIBIT A, PART 1
SCOPE OF SERVICES FOR:
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3
GENERAL:
Engineer Services for Northwest Lubbock Drainage Improvements, Phase 3 (The "Project") includes the
project administration and design for connections to existing stub outs, lateral pipe extensions, tower
inlet structures and erosion controls systems for the following playa lakes:
1. Higginbotham Park (1-045)
2. Rushland Park North (1-046)
3. Slide Road and North Loop 289 (1-047)
4. Wal-Mart Lake (1-071)
5. Heart Hospital Channel (HHC)
6. Blue Sky Lake (1-054) — ICPR modeling only (design to be completed separately)
The Project will include up to two bid packages, with the final split to be determined during the design
process. The first bid package is anticipated to include the Slide Road and North Loop 289 (L047), Wal-
Mart Lake (1-071), and Heart Hospital Channel (HHC) inlets and laterals, to the connection to the Phase 1
junction box stub out. The second bid package may include the inlet and lateral design for the Blue Sky
Lake (1-054), and that design will be completed at a later date. The Higginbotham Park (L045) and
Rushland Park North (1-046) inlets and laterals, to their connection with the trunk stub outs, will be
included in either the first bid package or the second bid package.
A. This contract will include:
1. Modeling of the entire Phase 3 system using ICPR4.
2. Design of five inlet structures, lateral pipe extensions, and erosion control systems for the named
inlets and laterals.
3. Bid and Award of Bid Package #1
4. Bid and award of Bid Package #2
Construction phase services including engineer of record, resident project representation and onsite
inspection for both bid packages may be added by Amendment in the future.
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BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and
reports, preparation of detailed design, as set forth herein, and construction documents. Engineer sometimes
referred to as "FNI" shall render the following professional services in connection with the development of
the Project:
A. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of the preliminary and
final design phase of The Project:
1. Attend a kick-off meeting to clarify OWNER'S requirements for the Project, review pertinent data,
review Project staffing and organization, and present the initial work plan and schedule.
2. Provide administration and management of The Project. Review ongoing activities. Monitor
schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the
OWNER as they are noted. Attend coordination meetings (up to 4) with the OWNER in addition
to various meetings mentioned in the following sections. Prepare and distribute minutes of the
meetings. All meetings provided for in this Agreement shall occur at the offices of the ENGINEER
or the OWNER, or other location determined by the OWNER.
3. Provide monthly update reports which include the following:
*Status of the work
*Major tasks to be completed in the next month
*Discussion of major issues
*Scope changes to project scope or Engineer's scope
•Project budget update (if major changes since the last update)
*Project schedule update (if major changes since the last update)
•Status of deliverables
4. ENGINEER will assist the OWNER in coordination with the Texas Water Development Board
(TWDB). ENGINEER will prepare and submit necessary application documents and coordinate to
obtain approval of the remaining loan from Phase 2 for construction of Phase 3.
5. ENGINEER will provide information to the OWNER for use in public outreach by the OWNER to
keep the community informed about the project process.
B. DESIGN PHASE: FNI shall provide professional services in this phase as follows:
1. Hydrologic and Hydraulic Modeling: ENGINEER will utilize ICPR4 to model the NWLDIP system:
a. Collect and review available models, drainage plans, and drainage analyses reports.
b. Convert any ICPR3 models to ICPR4.
c. Existing Conditions Model: Prepare 1D/2D ICPR4 model of as -built NWLDIP Phase 1 and 2
systems. Include existing development conditions within watersheds for 10-, 50-, 100-, and
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500-year storms. The purpose for the model is to calculate and determine the exchange
between the subsurface storm drainage network and the surface overflow patterns. Surface
obstructions to flow, such as structures, will be included in the model where applicable.
Groundwater interaction is assumed to be limited during a design storm and will therefore
be excluded from the modeling.
d. Proposed Conditions Model: Modify 1D/2D ICPR4 Existing Conditions Model by addition of
Phase 3 inlets and laterals to the NWLDIP system. Two separate flow conditions for the 10-,
50-, 100-, and 500-year storms will be evaluated using the Proposed Conditions Model:
a. Existing Development Conditions: Evaluate the impact of adding Phase 3 inlets and
laterals to the NWLDIP system using the existing development conditions.
b. Fully Developed Conditions: Evaluate inlet elevation, area, and location, lateral elevation,
size, and alignment, and tie to stub outs based on future fully developed conditions
within watersheds using interim Future Land Use Plan (FLUP).
e. FEMA Comparison: Review playa water surface elevations for the 100-year design storm and
BFE elevations as compared to effective FEMA elevations for Existing and Proposed
Conditions Models.
f. Update ICPR4 model with each design submittal to incorporate City comments.
g. Prepare and submit the Drainage Improvements for Capital Projects Documentation
Checklist to inform MDP Update.
2. Develop Draft Preliminary Engineering Report (PER): FNI will develop a draft preliminary
engineering report detailing the results of the hydrologic and hydraulic modeling and design
evaluation. FNI will provide recommendations for the inlets and laterals in the report.
Preliminary Opinions of Probable Construction Costs (OPCC) will be prepared for the
improvements including any alternatives. FNI will deliver one (1) electronic copy and five (5)
hard copies of the draft PER to the City for review.
3. Meetings: FNI will prepare meeting agendas and minutes for all meetings listed below:
h. Attend one TxDOT coordination meeting and review proposed alignment for impacts.
i. Attend one franchise utility coordination meeting and review proposed alignment for
impacts.
j. Attend one review workshop to review OWNER's comments on the Preliminary Engineering
Report (PER).
4. Final Preliminary Engineering Report (PER): Once FNI receives comments from City during the
PER review meeting, FNI will finalize the PER detailing the results of the hydrologic and hydraulic
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modeling and the design evaluation. FNI will provide recommendations for the inlets and laterals
in the report. Preliminary Opinions of Probable Construction Costs (OPCC) will be prepared for
the improvements including any alternatives. FNI will deliver one (1) electronic copy and five (5)
hard copies of the draft PER to the City for review.
5. Design Milestones: Once the PER has been finalized, FNI will commence final design of the
project. Design submittals for each bid package shall be provided by FNI to the OWNER at 60%,
90% and 100%. The submittals shall include construction drawings, specifications, contract
documents, bid proposal, updated schedule, and updated opinion of probable construction
costs. Six (6) hard copies and one electronic copy of these items shall be submitted to the OWNER
at each of the submittal dates. Review meetings will be held with the Owner at the 60% and 90%
design milestones. A TxDOT coordination meeting will be held at the 90% design milestone.
6. Design Scope: Prepare design plans consisting of the following sheets:
Title Sheet
Vicinity & Location Map
General Notes
Project Layout and Survey Control
Test Hole and Monitor Well Layout
Drainage Area Map and Calculations
Allowable Materials
Storm Drain Plan and Profile
Inlet Details
Trench Details
Tunnel Details
Paving Details
Manhole Details
Water and Sewer Details
Structural Details
Grading Plan and Details
Traffic Control Plan and Notes
Pavement Marking and Signing Plan
Erosion Control Plan
Provide final layout, control, alignment, plan and profile, inlet grading, traffic control, marking,
SWPPP, and inlet, trench, tunnel, pavement repair, manhole, water, sewer, structural, grading,
traffic control notes, and SWPPP details. Plans shall also include vicinity and location map,
drainage area map, general notes, location of geotechnical borings and monitor wells, and
allowable materials for each segment of the system.
7. Structural Engineering (for each inlet): Provide Structural plans, cross -sections, details, and
specifications for the inlets.
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C. BID PHASE SERVICES. Upon completion of the design services and approval of "Final" drawings and
specifications by Owner, FNI will proceed with the performance of services in this phase as follows:
1. Bid Phase services will be performed for Bid Package #1 and #2.
2. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The
notice to bidders will be furnished to OWNER for publication in the local news media. The cost
for publications shall be paid by OWNER.
3. Distribute plans to bidders using the web -based CivCast utilized by Freese and Nichols for bidding
projects. Cost for any bidder's requests for hard copies of bid documents will be paid for by
bidder. Keep a record of prospective bidders and plan rooms and other parties to whom the
bidding documents have been distributed. Advertise for bids on FNI's website, and keep the
website updated with addenda information, plan holder lists, and bidding information.
4. Attend one (1) pre -bid conference for each construction contract.
5. Issue Addenda as appropriate to clarify, correct, or change the bidding documents.
6. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish
recommendations on the award of contract as appropriate.
7. Assist OWNER in the preparation of documents for execution of the construction contract. FNI
will conform the contract documents, make four (4) original copies for execution. FNI will also
make ten (10) conformed copies of the plans and specifications for use by the Contractor and
OWNER and Engineer. The ten (10) copies will include five (5) full size copies, five (5) half size
copies, and electronic PDF copy.
8. The Bid and Award phase will be considered complete upon execution of the construction
contracts and distribution of the conformed copies of the plans and specifications.
SPECIAL SERVICES: FNI shall render the following special services in connection with The Project:
A. GEOTECHNICAL ENGINEERING: FNI will retain and monitor and direct, through a subcontract, the
efforts of a survey firm (Terracon) to provide the following services:
1. Conduct 21 borings to an average depth of 30 feet. Drilling will occur through existing pavements
within the existing right-of-ways.
2. Samples will be collected intermittently using continuous flight augers and either split -spoon or
tube samplers. Rock/rock-like material will be tested insitu using a TxDOT Cone Penetration Test.
3. Groundwater and seepage observations will be made during drilling, at the end of drilling, and at
10 to 30 minutes after the completion of drilling.
4. Provide an engineer or geologist experienced in logging borings to direct the drilling, log the
borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy
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shall be provided according to the Unified Soil Classification System (USCS).
S. Testing shall be performed on samples obtained from the borings to determine soil classification
and pertinent engineering properties of the subsurface materials.
6. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered
during exploration, but are expected to include: classification tests, moisture content, dry unit
weight, unconfined compressive strength, one-dimensional swell
7. The ENGINEER shall prepare a detailed geotechnical engineering study. The study shall include
recommendations regarding utility trenching and identifying existing groundwater elevation at
each boring.
B. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey
firm (AMD) to provide the following services:
1. Survey of the project alignment route and alternative routes in public ROW or dedicated
easement for the limits of the ROW or Easement corridors, and the proposed inlet locations
near playa lakes.
a. Coordinates/Elevations relative to NAD83/NAVD88.
b. Property boundary.
c. Elevations across body of property sufficient to produce 1-foot contours.
d. Drainage features — flow line, breaklines, swales, crowns, curbs, gutters, ditches.
e. Visible indications of underground utilities including manholes, inlets, valves, pull
boxes, risers, poles and transformers.
f. Other underground utilities based on markings, maps, and/or drawings provided by
others as the result of a Texas811 locate.
g. All existing trees over 3" in caliper measured 3' above ground level.
h. Drainage structures — size, type, rim, and flow line (including headwalls features).
i. Pipe size, type, and flow line elevations of sanitary sewer lines to be tied into at
accessible manholes.
j. Signage along adjacent streets and in parking areas
k. Location of visible, existing improvements.
I. Spot elevations in open areas.
m. Minimum of 10 permanent control points for future construction.
C. LAND PLATTING AND EASEMENT DOCUMENT PREPARATION: FNI will retain and monitor and
direct, through a subcontract, the efforts of a survey firm (AMD) to provide the following services:
1. Boundary survey of properties necessary for title transfer and preparation of final plat.
2. Three (3) boundary surveys/exhibits for inlet/lateral easement acquisition.
3. Preparation of three (3) final plats for recording.
D. SUBSURFACE UTILITY ENGINEERING (SUE): FNI will retain and monitor and direct, through a
subcontract, the efforts of a SUE firm (Cobb Fendley) to provide the following services:
1. Provide Subsurface Utility Engineering (SUE) to Quality Level A, as described below. The SUE
shall be performed in accordance with Cl/ASCE 38-02.
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2. Quality Level D
a. Conduct appropriate investigations (e.g., owner records, County/CITY records, personal
interviews, visual inspections, etc.), to help identify utility owners that may have
facilities within the project limits or that may be affected by the project.
b. Collect applicable records (e.g., utility owner base maps, "as built" or record drawings,
permit records, field notes, geographic information system data, oral histories, etc.) on
the existence and approximate location of existing involved utilities.
c. Review records for: evidence or indication of additional available records; duplicate or
conflicting information; need for clarification.
d. Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as required.
Exercise professional judgment to resolve conflicting information. For information
depicted, indicate: utility type and ownership; date of depiction; quality level(s); end
points of any utility data; line status (e.g., active, abandoned, out of service); line size
and condition; number of jointly buried cables; and encasement.
3. Quality Level C (includes tasks as described for Quality Level D)
a. Identify surface features, from project topographic data and from field observations,
that are surface appurtenances of subsurface utilities.
b. Include survey and correlation of aerial or ground -mounted utility facilities in Quality
Level C tasks.
c. Survey surface features of subsurface utility facilities or systems.
d. The survey shall also include (in addition to subsurface utility features visible at the
ground surface): determination of invert elevations of any manholes and vaults;
sketches showing interior dimensions and line connections of such manholes and
vaults; any surface markings denoting subsurface utilities, furnished by utility owners
for design purposes.
e. Exercise professional judgment to correlate data from different sources, and to resolve
conflicting information.
f. Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the
integration of Quality Level D and Quality Level C information.
g. Recommend follow-up investigations (e.g., additional surveys, consultation with utility
owners, etc.) as may be needed to further resolve discrepancies.
h. Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
4. Level B (includes tasks as described for Quality Level C)
a. Select and apply appropriate surface geophysical method(s) to search for and detect
subsurface utilities within the project limits, and/or to trace a particular utility line or
system.
b. Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for marking of
lines.
c. Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of
multi -conduit systems.
d. Resolve differences between designated utilities and utility records and surveyed
appurtenances.
Page 7 of 12
e. Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical methods,
exploratory excavation, or upgrade to Quality Level A data.
f. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction, that
enables the correlation of surface geophysical data to the project's survey control.
5. Level A
a. Expose and locate utilities at specific locations.
b. Tie horizontal and vertical location of utility to survey control.
c. Provide utility size and configuration.
d. Provide paving thickness and type, where applicable.
e. Provide general soil type and site conditions and such other pertinent information as is
reasonably ascertainable from each test hole site.
f. A total of twelve (12) Level A SUE locations are included in the contract.
E. TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this.
AGREEMENT and agrees to complete the services for all three bid packages in accordance with the
following schedule:
PER Submittal — 180 calendar days from date of signed contract by Owner
60% Submittal — 60 calendar days from receipt of PER comments from Owner
90% Submittal — 120 calendar days from receipt of 60% comments from Owner
100% Submittal — 60 calendar days from receipt of 90% comments from Owner
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional
time, it shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly
causing such delay shall occur ("Delay Event"), but in no event to exceed five (S) business days after
the occurrence of the Delay Event. FNI shall use and exercise all diligence to promptly remove or
remediate such Delay Event. In the event notice of the Delay Event shall not be provided as
prescribed herein, FNI shall not be entitled to relief from schedule as provided in this AGREEMENT.
These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on
the flow of information to be provided to FNI, except any delays occasioned by subcontracts or sub
consultants of FNI, and governmental approvals. These delays may result in an adjustment to
compensation.
Page 8 of 12
EXHIBIT A, PART 2, ADDITIONAL SERVICES
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3
ADDITIONAL SERVICES: Additional project administration and design services to be performed by FNI, if
authorized by Owner, which are not included in the above described General Service, Basic Services, and
Special Services, are, except as may otherwise be provided by FNI, described as follows:
A. Construction Phase Services
B. Field layouts or the furnishing of construction line and gradesurveys.
C. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by Owner.
D. Providing renderings, model, and mock-ups requested by theOwner.
E. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
F. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction and providing services as may be required in connection with the
replacement of such Work.
G. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
H. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
J. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
K. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those
services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee
basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This
provision shall not apply to any expense related to a legal action to which FNI is a party.
Page 9 of 12
L. Providing environmental support services including preparation of a Jurisdictional Determination
(JD) Report, preparation of a JD Request, preparation of a Pre -application Meeting Request Form
or conducting a meeting with the USACE, preparation of a Pre -Construction Notification or an
Individual Section 404 permit application for submittal to the USACE, conducting function or
condition assessments (e.g., TXRAM) of waters of the U.S. potentially impacted by the proposed
project, conducting presence/absence surveys for federally listed threatened/endangered species,
conducting cultural resources studies or surveys, conducting Phase 1/11 Environmental Site
Assessment; and other environmental services not specifically defined in this scope of services..
M. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
N. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of thisagreement.
O. Services required to resolve bid protests or to rebid the projects for any reason other than fault of
any type or degree of FNI.
P. Visits to the site in excess of the number of trips included in the General Services, Basic Services,
or Special Services for periodic site visits, coordination meetings, or contract completion activities.
Q. Providing basic or additional services on an accelerated time schedule. The scope of this service
include cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed
by the Owner.
R. Providing services made necessary because of unforeseen, concealed, or differing site conditions
or due to the presence of hazardous substances in any form, except as noted in the scope of
services.
S. Providing value engineering studies or reviews of costsavings proposed by others.
T. Prepurchase or preselection or any alternate contract structure or number of contracts other than
stipulated in Exhibit A —Basic Services.
U. Provide any services afterthe satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project.
Page 10 of 12
EXHIBIT B, PART 1— BUDGET
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3
CITY and ENGINEER have established a not -to -exceed budget of $782,100 for Engineer Services for the
Northwest Lubbock Drainage Improvements Project, Phase 3 to complete all services under this AGREEMENT.
This amount will not be exceeded without a contract amendment agreed upon and executed by both parties
to this agreement. CITY will pay the ENGINEER hourly, for services identified in Exhibit "A, Part 1", based on
ENGINEERS Fee Schedule presented as EXHIBITS B, Parts 1-2. Subconsultant services will be billed at cost to
ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this
AGREEMENT is provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between
Activities and tasks as appropriate to allow flexibility in providing the needed services within the not -to -
exceed budget.
ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of
Work or Time of Performance, then this can result in an amendment or modification for extension on time
to this AGREEMENT which shall be negotiated at that time.
The budget assumes that all work will be completed within 1095 calendar days from the Notice to Proceed.
Page 11 of 12
EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3
COMPENSATION
Not to Exceed: Compensation to FNI for Basic Services in Exhibit A shall be computed on the basis of the Schedule of Charges, but shall not exceed
Five Hundred Twenty Eight Thousand Dollars ($528,000); for Special Services in Exhibit A a not to exceed fee of Two Hundred Fifty -Four
Thousand One
Hundred Dollars ($254,100) and not limited to those services described as Additional Services in Exhibit A, FNI will notify CITY for CITY's approval
before proceeding. Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charges:
Position
Rate
Position
Rate
PRINCIPAL
389
3DVISUALIZATION COORDINATOR
190
GROUPMANAGER
272
ENVIRONMENTAL SCIENTIST V11
243
ENGINEER VIII
295
ENVIRONMENTAL SCIENTIST VI
212
ENGINEER VII
289
ENVIRONMENTAL SCIENTIST V
179
ENGINEER VI
251
ENVIRONMENTAL SCIENTIST N
156
ENGINEER V
196
ENVIRONMENTAL SCIENTIST III
134
ENGINEER N
179
ENVIRONMENTAL SCIENTIST II
94
ENGINEER III
159
ENVIRONMENTAL SCIENTIST I
93
ENGINEER II
150
ARCHITECT VI
214
ENGINEER
124
ARCHITECT V
194
ELECTRICAL ENGINEER V I
238
ARCHITECTIV
156
ELECTRICAL ENGINEER V
192
ARCHITECT III
150
ELECTRICAL ENGINEER N
158
ARCHITECT II
121
ELECTRICAL ENGINEER III
145
ARCHITECT 1
104
ELECTRICAL ENGINEER II
140
BANNER VI
226
ELECTRICAL ENGINEER 1
133
RANNER V
174
MECHANICAL ENGINEER VI
228
BANNER N
137
MECHANICAL ENGINEER V
202
BANNER III
125
MECHANICAL ENGINEER N
177
BANNER I
103
MECHANICAL ENGINEER III
156
HYDROLOGIST V
196
PROGRAM MANAGER 11
233
HYDROLOGIST N
154
CONSTRUCTION CONTRACT ADMIN ]I] (Manager)
195
HYDROLOGIST 111
142
CONSTRUCTION CONTRACT ADMIN III (Spec. Insp)
160
HYDROLOGIST 11
130
CONSTRUCTION CONTRACT ADMIN III (CM)
145
SENIOR GEOLOGIST
152
CONSTRUCTION CONTRACT ADMIN III (RPR)
ill
GEOTECHNICA L ENGINEER V 1
251
CONSTRUCTION CONTRACT ADMIN II ( RPR)
126
PUBLIC INVOLVEMENT COORDINATOR
143
CONSTRUCTION CONTRACT ADMIN I (DCS 11)
118
WEB SERVICES ADMINISTRATOR
167
CONSTRUCTION CONTRACT ADMIN I (DCS)
106
WORD PROCESSING/SECRETARIAL
86
DOCUMENT CONTROL CLERK
110
OPERATIONS ANALYST
155
SR DESIGNER
197
CONTRACT ADMINISTRATOR
98
DESIGNER 1
168
INFORMATION SERVICES A DMNISTRATOR
85
DESIGNER 1
141
INFORMATION SERV ICE4 CLERK III
67
CA DD DESIGNER
168
INFORMATION SERVICES CLERK II
63
TECHNICIAN N
145
INFORMATION SERVICES CLERK 1
62
TECHNICIAN III
115
COOP
75
TECHNICLAN II
96
STORMWATER ENGINEER VII
215
TECHNICIAN 1
74
STORMWATER E7NGINEE R VI
198
GIS COORDINATOR
148
STORMWATER ENGINEER V
175
GIS ANALYST N
138
STORMWATER ENGINEER N
150
GIS ANALYST III
114
STORMWATER ENGINEER III
131
GIS ANALYST II
97
STORMWATER ENGINEER 11
113
GIS ANALYST 1
75
STORMWATER ENGINEER 1
106
Rates for In -House Services
Technology Charge
Bulk Printing and Reproduction
$8.50 per hour
Black and White $0.10 per copy
Color $0.25 per copy
Travel
Plot - Bond $2.50 per plot
Standard IRS Rates
Plot - Color $5.75 per plot
Plot- Other $5.00 per plot
Binding $0.25 per binding
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost limes a multiplier of 1.10. 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 times a multiplier of 2.0. This markup
approximates the cost to FNI if an FNI
employee was
Perforninp the same or similar services.
These ranges and rates will be adjusted annually
in February.
LUB15
Page 12 of 12
EXHIBIT C, ENGINEER'S ADDITIONAL CONDITIONS
ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the
services of FNI:
A. Wherever used in this document, the term Engineer includes Engineer's officers, directors,
partners, employees, agents, and Engineers Consultants.
B. Designate in writing a person to act as Owner's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with respect
to FNI's services for the Project.
C. Provide all criteria and full information as to Owners requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which Owner will require to be included in the drawings and specifications.
D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project as provided
in this AGREEMENT.
E. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as
Owner deems appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of FNI.
G. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project, except as otherwise the responsibility of FNI as provided in thisAGREEEMENT.
H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services.
Page 13 of 14
J
Direct FNI through an Amendment to this agreement authorized by the City's governing body to
provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner.
Provide the following services, unless provided specifically otherwise in this Agreement:
a. Provide land acquisition services.
b. Provide pothole of existing distribution system lines at proposed 20" water line connections
(5 locations total).
c. Valve functionality testing along pressure plane boundary.
d. Asphalt removal and repair to aid in exposing existing valves within the system along the
pressure plane boundary.
e. Pay all platting fees, legal services fees.
f. Pay all permits fees and mitigation cost.
g. Provide land title research and title policy.
h. Provide advertisement for bids in local publications as required.
Page 14 of 14
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1pt1
Complete Nos i - 4 and 6 if there are interested parties
OFFICE USE ONLY
Complete Nos 1 2, 3 5, and 6 if there are no interested parties
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
at business,
201.8-400939
Freese and Nichols, Inc
Fort Worth, TX United States
Date Filed:
09/06/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed,
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14072
Engineering Services for the Northwest Lubbock Drainage Improvements Phase 3
J
Nature of interest
4 Name of Interested P
Party
City, State, Count lace of business
Y� Country iP )
check applicable)
( PP )
Controlling
Intermediary
Pence, Robert
Fort Worth, TX United States
X
Coltharp, Brian
Fort Worth. TX United States
X
Gooch, Tom
Fort Worth, TX United States
X
Milrany, Cindy
Fort Worth, TX United States
X
Nichols, Mike
Fort Worth, TX United States
X
Cole, Scott
Fort Worth, TX United States
X
Johnson, Kevin
Dallas, TX United States
X
Wolfhope, John
Austin; TX United States
X
Taylor, Jeff
Houston, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is _ _ Kelly Shriver and my date of birth is
My address is 405 1pternational Plaa.-`��e. 2Q0 ___Fort Worth TX_, 7gdng___ IJSA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
executed in Tarrant, County, State of _ on the6th day of Se tembp 20 1�.
(manth) (year)
Sign f authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission wurw.ethics.%afeAx.us Version V1.0.6711