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HomeMy WebLinkAboutResolution - 2023-R0064 - Contract 16854 with Freese and Nichols - West Lubbock Water System ExpansionResolution No. 2023-R0064 Item No. 5.17 February 14, 2023 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 and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 16854 the West Lubbock water system expansion, by and between the City of Lubbock and Freese Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 14, 2023 TRAY 7PIE, MAYOR A EST: Rebecca Garza, City Secre ary APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: § &n�' elli Leisure, Senior Assistant City Attorney ccdocs/RESTSA-No. 16854 — FNI West water system exp. 2.6.23 Resolution No. 2023-R0064 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16854 is entered into this 14th day of February , 2023, 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 West Lubbock Water System Expansion, (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 455 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", 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 $1,775,295, as set forth in Exhibit `B". 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 seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. 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. 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 Page 2 of 11 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", 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 Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, 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. Page 3 of 11 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the 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. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the 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: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The 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 shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page 4 of 11 shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit B, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY 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, Page 5 of 11 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. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese and Nichols, Inc. Nick Lester, P.E. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 Telephone: 817-735-7393 Email: ncl@freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Bailey Ratcliffe, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2329 Email: bratcliffe@mylubbock.us Page 6 of 11 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. 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 Page 7 of 11 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" through `B" 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. 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 II, 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 Page 8 of 11 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. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention Page 9 of 11 requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK A EST: ,A i A Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: elli Leisure, Assistant City Attorney Firm Freese and Nichols, Inc. By: Nicholas Lester, P.E., Vice President/Principal Email:_ NCL aOfreese.com ncl@freese.com Page 11 of 11 EXHIBIT A, PART 1 SCOPE OF SERVICES FOR: WEST LUBBOCK WATER SYSTEM EXPANSION ENGINEERING DESIGN SERVICES ARTICLE I EXHIBIT A PROJECT DESCRIPTION: The City of Lubbock (Owner) is proceeding with design and construction of the West Lubbock Water System Expansion (The Project). The Project will include a pump station, pipeline, hydro -pneumatic tank, ground storage tank, and related facilities to move treated water from the City's existing West Pressure Plane to a new pressure plane on the west side of the City (to be named). The Project will include a study phase, preliminary design phase, final design phase, and bid phase. The study phase will include population projections for the project area and hydraulic modeling, detailed further in Article II. The design phases will include the following facilities: 1. 6 MGD West Side Pump Station expandable to 12 MGD, including pumps, motors, piping, flowmeters, valves, electrical equipment, pump station building, electrical equipment room, control 'SCADA room. Pump station will include HVAC, architectural, structural, plumbing, electrical, instrumentation, and controls as required. 2. lx concrete ground storage tank (size to be evaluated during preliminary design, but likely 1-2 MG). 3. 30,000 gallon hydro -pneumatic pressure tank. 4. Yard piping stub out with isolation valve and blind flange for a future elevated storage tank. 5. Site improvements including site piping, valves, site power distribution, site lighting, fencing, grading and drainage, roads and parking, landscaping, irrigation, site water and wastewater utilities, fire protection water lines, potable water lines, and field instrumentation. Also site future EST. 6. Back-up electric generating facilities with diesel fuel storage and containment structures and an automatic transfer switch. 7. Security facilities including fencing, access control, cameras, and cybersecurity. 8. 16,500 feet (approx. 3.125 miles) of 24 to 36 inch diameter pipeline from Upland Avenue and 261' Street to the new pressure plane (north -south along Alcove Ave from 41h Street to 34`h Street with FM 179 as the west boundary and Upland Avenue as the east boundary), including air valves, blowoff valves, road crossings, flow control structures, connections at four locations, and cathodic protection. Also includes pressure control vault at tie-in at Upland Ave and 26' Street. Also includes design support for creating new pressure plane boundary. (See Figure 1 on page EXHIBIT A-13). The following facilities are not part of The Project, and will be provided by others: 1. Electric power service to the Project Site(s), which will be provided by the electric utility company. Connection will be on the secondary side of the utility transformer(s). FNI will design site grading, underground duct banks, and concrete equipment pads for electric utility equipment, if required. The Project will include the following construction and equipment bid packages: 1. Equipment bid package: Electrical gear, including variable frequency drives and switchgear for use in pump station. 2. Equipment bid package: Generator with fuel storage and containment structure. 3. Construction bid package: Pump station with GST, hydro -pneumatic tank, yard piping, associated site improvements, and associated security facilities. 4. Construction bid package: Pipeline with associated valves, crossings, connections and cathodic protection. FNIJVL_ EXHIBIT A-1 OWNER If more construction or equipment bid packages are included, then additional compensation will be mutually agreed upon. The Project procurement method will be Competitive Sealed Proposals (CSP). The Project will include the conventional design -bid -build delivery method. BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. PROJECT MANAGEMENT Upon execution of this Agreement, FNI shall: 1. Conduct kickoff meeting to review scope, schedule, and budget; determine any special conditions that may affect design and/or construction; discuss administrative requirements of Owner; and to develop design criteria. 2. Manage efforts of internal design team and sub -consultants on the Project and perform Quality Control review of all deliverables. 3. Prepare meeting agendas and minutes and attend the following meetings: a. Attend up to eighteen (12) monthly project coordination meetings with Owner b. Attend two (2) meetings with third parties, including other consultants providing services to Owner, customer City's of the Owner, or regulatory agencies. c. Attend one (1) meetings with utility providers needed for the project. d. Attend two (2) workshops for review of milestone design submittals. e. Attend two (2) public meetings needed for the Project and prepare engineering display documents needed for the public meetings. f. Attend two (2) meetings with City planning, development, building code, and fire marshal as needed for the project. 4. Prepare a Microsoft Project schedule and provide monthly updates including necessary revisions to bring the Project back on schedule if needed. The project schedule will not be resource loaded. Provide a web -based Document Control System (DCS) (FNI Manager). Share documents through the DCS including all deliverables, minutes, decision log, action items, reports, construction submittals and pertinent documents. 6. Prepare monthly reporting including status report, recent activities, upcoming activities, action items log, decisions made log, budget updates, schedule updates, and scope changes. Prepare monthly invoices. 7. Deliverables include the following: a. Agendas and minutes for all meetings b. Project schedule updated monthly c. Monthly reporting d. Monthly invoices B. STUDY PHASE: FNI shall provide professional services in this phase as follows: 1. Advise Owner as to the necessity of Owner's providing or obtaining data or services from others and assist Owner in connection with any such services. Collect and review existing data, reports, mapping, and records from Owner. Review documents associated with the project. Provide analyses of Owner's FNI AL EXHIBIT A-2 OWNER requirements for the Project, including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. 2. Determine pump station system capacity and head requirements over the study period. Determine system operations protocols in conjunction with the Owner. Incorporate proposed pump station, storage tanks and pipelines into the City's existing hydraulic model. Determine preferred location of facilities based upon hydraulic conditions, ease of operations, site conditions, and cost. Determine size and capacity of pump stations, pipelines, tanks, and related facilities. Prepare a life cycle cost analysis of pipe diameter. Evaluate how new pressure zone will be supplied from the City's existing water supply. Prepare a desktop route study for the pipelines. Obtain GIS mapping of the route corridors, where available. Up to three routes will be evaluated. Study shall include analysis of hydraulics, pump station and delivery point locations, construction costs, conflicts with existing infrastructure, land costs (to be provided by Owner), environmental considerations, accessibility, proximity to power sources for pumping stations and permitting requirements. Study will include site visits to points of public access. Furnish I I" x 17" map books at 1" = 400 feet scale. 4. Prepare a Report containing recommended pipeline route, facility locations, pipeline and pump station schematic layouts, pump station floor plan conceptual layouts, and conceptual design criteria with appropriate exhibits to indicate the considerations involved and alternative solutions (where indicated) and setting forth FNI's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Estimates of the cost of land and rights -of -way, compensation for or damages to properties and interest and financing charges will be provided by Owner or others so designated by Owner. In arriving at its opinion of probable construction cost for the Project, FNI will include the estimates furnished by Owner and will have no responsibility to determine the accuracy or validity of these estimates. 5. Furnish eight (8) copies of the Report and present and review it in person with Owner. Receive and address Owner's comments and issue the final Report. 6. Deliverables for the Study Phase include: a. Draft copy of Study Phase Report b. Final copy of Study Phase Report c. Alignment Study Map Books C. PRELIMINARY DESIGN PHASE. After Owner has accepted the Study Phase Reports and has issued written authorization to proceed with the Preliminary Design Phase, FNI shall: 1. Based upon final location of facilities, prepare the final hydraulic design basis of the system, including pipe diameters, pump station capacity, tank capacity, phasing, preliminary pump selection, preliminary design of flow control valves, pipe and valve selection, flowmeter selection, conceptual surge control method miscellaneous appurtenances, and phasing options. 2. Conduct a workshop with Owner's staff to discuss layouts, equipment selection, construction materials, operation and maintenance criteria, Owner's preferences, and alternatives to be studied. FNI will bring lead designers from the major disciplines (hydraulic modeling, pump. piping/tank engineers. electrical & instrumentation) to the workshop. 3. Prepare preliminary floor plan layouts and sections for pump stations, tanks, and flow control structures. Include conceptual design and layout of structural, electrical, HVAC, and architectural components. Architectural renderings will be submitted. FNI A L EXHIBIT A-3 OWNER 4. Prepare preliminary one -line diagrams of power systems. Prepare power load studies for facilities to support preliminary design of utility power systems. Meet with electric utility companies and Owner to coordinate electric utility system design and power contracts. Prepare preliminary P&ID's and equipment tagging schedules. 5. Prepare preliminary site layout for pump station, tank, and flow control facilities, including facilities, roads, parking, fencing, site piping, and drainage structures. 6. Based upon desktop pipeline route study from the Study Phase, proceed with final pipeline alignment selection. a. Provide GIS alignment to surveyor to prepare property boundary information in GIS format for any portions of the pipeline that cross private property. Owner will obtain Right of Entry. b. FNI will review alignment in the field and make modifications to avoid conflicts and determine the final pipeline alignment. Final alignment will be based upon property considerations, constructability, hydraulics, pump station and delivery point locations, construction costs, conflicts with existing infrastructure, land costs (to be provided by Owner), environmental considerations, accessibility, proximity to power sources for pumping stations and permitting requirements. FNI will meet with third party road and railroad authorities, utility owners, development review and approval departments, and other agencies having jurisdiction over alignment approval. Meetings will be to coordinate the third -party requirements and seek approval of the final alignment. FNI will gather mapping of existing utilities to assist in route selection and pipeline design. d. FNI will update GIS mapping based upon the field alignment selection and provide copies to Owner. FNI will receive comments from Owner and finalize the pipeline alignment, update GIS Mapping and issue eight (8) copies of final alignment map books to Owner and Surveyor. 7. Prepare preliminary design report (PDR) consisting of final design criteria, codes and standards, permitting requirements, evaluation of alternatives, equipment selection, project phasing and bid packages, updated project schedule, opinion of probable construction cost (OPCC), preliminary drawings and outline specifications. Preparation of drawings will include an in -person coordination meeting with structural and architectural designers to establish Revit standards and processes. 8. Furnish eight (8) copies of the PDR and present PDR to Owner. Receive Owner comments, make modifications to the PDR, and issue eight (8) copies of the final draft of PDR. 9. Deliverables for the Preliminary Design Phase include the following: a. Draft Copy of Preliminary Design Report (encompassing all bid packages) b. Final Copy of Preliminary Design Report (encompassing all bid packages) c. Draft Copy of Pipeline Alignment Map Books d. Final Copy of Pipeline Alignment Map Books D. FINAL DESIGN PHASE: After approval of the PDR and final pipeline alignment, FNI shall provide professional services in this phase as follows (for each bid package): FNI A L EXHIBIT A-4 OWNER Obtain and review OWNER -furnished front-end documents, general conditions, and special conditions for the construction contracts. Meet with OWNER to review comments, and revise OWNER's standard documents accordingly. 2. Advise Owner of need for and recommend scope of additional Special Services, not already included in Article II of this Scope of Work. The cost of such additional Special Services shall be paid by Owner and are not included in the services performed by FNI. 3. Prepare applications for routine permits such as road and railroad crossing permits, building code design reviews (if any), and TCEQ Approval. Environmental and United States Army Corp of Engineers (USACE) permitting are included as Special Service in Article II. Preparation of applications and supporting documents for government grants or for planning advances is an Additional Service. 4. Furnish such information necessary to utility companies whose facilities may be affected, or services may be required for the Project. Provide site civil design of the facility sites to support the electric utilities site requirements, including site grading, roads, underground duct banks, and equipment pads if necessary. Easements for utilities companies will be provided as a Special Service. 5. Prepare revised opinion of probable construction cost at the 60%, 95%, and Issued for Bid submittals. 6. 60% Review: Prepare drawings, specifications, construction contract documents, designs, and layouts of improvements to be constructed. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. Furnish Owner eight (8) sets of copies of drawings, specifications, and bid proposals marked "Preliminary" for approval by Owner. FNI will meet with the Owner to present the plans and specifications and receive comments. Review documents will include dimensional layout drawings, plans, sections and elevations for all the trades, typical details, and most special details. The draft specifications will include major equipment items. Pipeline plans will include plan and profile sheets, pipeline appurtenances, and typical details. FNI will receive comments from Owner and address comments in the 95% Review. 7. 95% Review: Furnish Owner eight (8) sets of copies of drawings, specifications, and bid proposals marked "Preliminary" for approval by Owner. FNI will meet with the Owner to present the plans and specifications and receive comments. Review documents will include all plans and specifications with minor corrections and notes remaining. FNI will receive comments from Owner and address comments in the Final Draft. Upon final approval by Owner, FNI will provide Owner eight (8) sets of copies of "Issued for Bid" plans and specifications. 8. Deliverables for the Final Design Phase include: a. Front-end documents for construction and equipment packages b. Routine Permit Applications (Road Crossing, Railroad Crossing, Building Permits, TCEQ Approval) c. Information to utility companies to acquire utility service (electric, telephone, gas) d. OPCC at 60%, 95%, and Issued for Bid submittals (for each bid package) e. 60% submittal of Plans and Specifications (for each bid package) f. 95° o submittal of Plans and Specifications (for each bid package) g. Issued for Bid Plans and Specifications (for each bid package) FNIIVL, EXHIBIT A-5 OWNER 5. BID OR NEGOTIATION PHASE: This project is anticipated to include the following bid packages: • Equipment bid package: Variable frequency drives and switchgear for use in pump station. • Equipment bid package: Generator with fuel storage and containment structure. • Construction bid package: Pump station with GST, hydro -pneumatic tank, yard piping, associated site improvements, and associated security facilities. • Construction bid package: Pipeline with associated valves, crossings, connections and cathodic protection. Upon completion of the design services and approval of "Issued for Bid" drawings and specifications by Owner, FNI will proceed with the performance of services in this phase for each of the bid packages as follows (for each bid package): 1. Assist Owner in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Owner to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by Owner. 2. Submit electronic copies of plans, specifications and bidding documents to City for upload by the City to their procurement portal. FNI will also list bid projects on the FNI website. 3. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents if necessary. 4. Assist the Owner in conducting a pre -bid conference for the construction projects and coordinate responses with Owner. Response to the pre -bid conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre -bid conference. 5. At Owner request, FNI will assist Owner in the 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 Owner. 6. For construction or equipment packages with CSP, prepare instructions to proposers, proposal evaluation criteria and proposal submittal requirements. After receipt of proposals, prepare preliminary tabulation of scoring criteria for the bidders, and meet with Owner to evaluate and score proposals. Prepare a recommendation of award of contracts or other actions as appropriate. 7. Assist Owner in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents which include information from the selected bidders' bid documents, legal documents, and addenda bound in the documents for execution by the Owner and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Owner with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 9. Deliverables for the Bid or Negotiation Phase include: a. Notice to Bidders b. Electronic copies of plans, specifications, bidding documents, and addenda FNI A((_ EXHIBIT A-6 OWNER c. Tabulation of selection criteria for Proposers d. Recommendation of Award with tabulation of bids e. Notice of award to selected bidder f. Conformed contract documents for execution g. Copies of conformed contract documents for Contractor and Owner ARTICLE II SPECIAL SERVICES: Special Services to be performed by FNI include the following: A. HYDRAULIC MODELING: FNI will provide hydraulic modeling services as follows: 1. Kickoff Meeting: Attend kickoff meeting with City. FNI and the City will review assumptions for existing average day and maximum day demands. Discuss projected demands to use for 20- year system curves and overall assumptions (additional improvements constructed, etc.). 2. Utilize the Hydraulic Model to determine Future Pump Station Sizing and Maximum Flow Rates: FNI will utilize the demands, water system improvements and supply assumptions from the Water Master Plan to develop maximum projected flow rates to assist in pump sizing and selection. 3. Develop System Curves for Existing and 20-year Average Day & Maximum Day Demand Conditions: FNI will utilize the existing system and 20-year scenarios for average day and maximum day demand conditions to prepare system curves for the proposed West Side Pump Station. 4. Prepare Technical Memorandum on System Curve Development: FNI will prepare a brief technical memorandum summarizing the assumptions used in calculating the maximum flow rate and system curves. 5. Utilize the Hydraulic Model to generate HGL exhibits for the proposed West Side pipelines. 6. Perform a Life Cycle Cost Assessment for the West Side pipelines evaluating up to three pipeline diameters. Prepare a Technical Memorandum on Pipeline Diameter Life Cycle Cost Assessment. 7. Utilize the Hydraulic Model to evaluate creation of a new pressure plane with Upland Avenue as the eastern boundary, FM 2641 as the northern boundary, FM 179 as the western boundary, and US-62 as the southern boundary. Evaluation shall include water quality, pressure, and sourcing analysis in average and max day demand scenarios. FNI shall coordinate with the City regarding assumptions for on -going and future development assumptions that impact demand. 8. Utilize the Hydraulic Model to evaluate siting and timing of an EST for the new pressure plane. FNI will prepare a brief technical memorandum summarizing the findings and assumptions used in siting and timing the EST. 9. Utilize the Hydraulic Model to evaluate how the new pressure plane will be supplied with water from the City's existing North and South Water Treatment Plants. 10. Update hydraulic model with population projections and future developments in the new pressure plane. FNI %fL EXHIBIT A-7 OWNER B. ENVIRONMENTAL SERVICES: ENGINEER will provide the following professional services, with the development of the Project, as follows: Desktop Environmental Evaluation - ENGINEER will perform a desktop environmental permitting evaluation for the West Side Pump Station and up to three alternative routes for the pipeline. The desktop evaluation will include consideration of natural resources, cultural resources, and hazardous materials through the identification of potential waters of the U.S., known areas of contamination, environmentally sensitive areas (e.g., threatened and endangered species, parks, mitigation areas, government property), and known cultural resources in or abutting the alternate routes. Results of the desktop environmental evaluation will be summarized in the preliminary route study memorandum. 2. Conduct Pedestrian Survey - ENGINEER'S environmental scientist will conduct a site visit at the West Side Pump Station and the selected route to document existing environmental conditions and assess potential environmental impacts. The presence and locations of waterbodies, including wetlands, potential federally listed threatened and endangered species habitat, and vegetation cover types will be identified within the proposed project areas. Coordinate with Texas Historical Commission - Projects sponsored by a political subdivision of the State (including a city) that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require consultation with the Texas Historical Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. If at least one of these thresholds are met, ENGINEER will draft a consultation letter to the THC for CITY'S review and comment. ENGINEER will incorporate CITY'S comments and submit the consultation letter to the THC. Any follow up studies requested by the THC are not included in this scope of services but can be provided upon written authorization as an Additional Service. 4. Prepare Environmental Permitting Memorandum - Information gathered during the desktop review, pedestrian survey, consultation with the THC, and coordination with the Design Engineers will be used to prepare an environmental permitting technical memorandum. The memorandum will document the ENGINEER'S opinion on what, if any, environmental permits.fauthorizations are required. C. GEOTECHNICAL ENGINEERING: FNI will provide geotechnical engineering services as follows: The proposed geotechnical scope of work will consist of field exploration, laboratory testing, engineering analysis and reporting, and design as presented below. Task 1 -Field Exploration Select appropriate locations for up to ten (10) exploratory borings for the pump station building, pads and vaults. The Engineer will coordinate with the City and Texas 811 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. The Engineer will subcontract with a drilling contractor (Terra Testing, LLC) to drill three (3) borings to a depth of 40 feet for the pump station; three (3) borings to a depth of 25 feet for the proposed transformer and generator pads and isolation valve manholes; and four (4) borings to a depth of 40 feet at the proposed GST location. a. Subsurface samples will be collected intermittently using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split -spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non -cohesive soils. Rock and rock -like materials will be tested in -situ using the TxDOT Texas Cone Penetration (TCP) Test. FNI Af L EXHIBIT A-8 OWNER b. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. c. The borings will be backfilled with auger cuttings upon completion of drilling and sampling. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to the Unified Soil Classification System (USCS). Task 2 — Laboratory Testing 1. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. 2. The Engineer will subcontract with a testing laboratory (Terra Testing, LLC) to perform the required testing. The Engineer will select samples for laboratory testing, assign tests, and review the test results. 3. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: a. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) b. Gradation Tests c. Moisture content d. Unit dry weight e. Unconfined compressive strength f. One-dimensional swell (with swell pressures) g. One-dimensional consolidation h. Corrosion testing Task 3 — Engineering Analysis and Reporting A geotechnical investigation technical memorandum summarizing the investigation, findings, analysis, and design recommendations will be developed. The analysis and report will include the following: a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. c. Foundation recommendations including net allowable bearing capacity and anticipated settlement for the pump station, transformer pad, vaults, GST and hydro - pneumatic tank. d. Lateral earth pressures for various backfill materials, including materials specifications and compaction requirements. e. General discussion of expected construction related issues. f. Earthwork and site preparation related recommendations for use during development of the plans and specifications. D. SURVEYING: FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm (Hugo Reed) to provide the following services: 1. West Side Pump Station Site: a. Topographic Survey of the entire West Side Pump Station site. Utility surveying to accompany SUE. b. Establish 6 control points for use during construction. FNIA(L EXHIBIT A-9 OWNER c. Establish and mark boundary lines of property. Provide Survey and Flood Certificate as needed for building permit from the City. 2. West Side pipelines a. Ownership Map: Research deeds and prepare an ownership map of up to 4 parcels along the 3.125 miles of distribution pipeline. b. Project Control: Establish 10 project control points along the 3.125 miles of pipeline. c. Boundary Survey and Final Property Map: Perform surveys and prepare a final property map along the 3.125 miles of pipeline. d. Easement Documents: Provide metes and bounds easement description for 4 tracts along the 3.125 miles of pipeline. e. Stake Pipeline Centerline: Set iron rods along the 3.125 miles of pipeline at 1 /2 mile intervals and PI's for construction control. f. Photogrammetric Mapping: Provide aerial mapping for approximately 3.125 miles of pipeline. Photo scale shall be 1:250. Deliverables include digital color orthophotography with 3" pixel resolution, topographic mapping in 1' contour interval, and digital terrain model in AutoCAD format. E. SUBSURFACE UTILITY ENGINEERING SERVICES: FNI will retain and monitor and direct, through a subcontract the efforts of a Subsurface Utility Engineering Firm (Hugo Reed/Rios) to provide the following services: 1. West Side Pump Station Site: a. Subsurface Utility Engineering: Designate utilities (x, y) for the West Side Pump Station site. Designation shall be level B. b. Level A SUE for up to 5 utilities (x, y, z) at the West Side Pump Station site to be determined by the Engineer. Excavations shall be by vacuum excavator. 2. West Side pipelines: a. Designate utilities (x,y) in a corridor along the proposed 3.125 miles of pipeline Designation shall be level B. Additionally, locate 15 utilities (x,y,z) to be determined by Engineer with Level A SUE. Utilities to be located with Level A SUE will be critical utilities that cross the proposed pipelines. Excavation shall be by vacuum excavator. Provide AutoCAD drawings of SUE data. F. CORROSION ENGINEERING SERVICES: ENGINEER will provide the following professional services, with the development of the Project, as follows: 1. Field Evaluation for the West Side pipelines. a. Review site plans, geotechnical reports, proposed pipeline alignment and materials, foreign pipeline crossing, parallel systems and existing cathodic protection systems, Electrical High Voltage (EHV) transmission lines, railroad crossings, sources of stray DC current, topography, soil types and conditions. b. Conduct in -situ soil resistivity & pH testing (every 1,000 feet) (-58 locations). Conduct stray current (DC) investigation in proposed alignment. The purpose of performing this investigation is to identify potential sources of stray current and nearby metallic pipelines that may be affected by the proposed cathodic protection system. i. If geotechnical report indicates soil resistivities along proposed alignment are less than 1,000 ohm -cm, soil samples (maximum 10 samples) from those locations will be sent to HDR Laboratories to be tested for AS -received and saturated electrical resistivity per ASTM G-187 and pH as per ASTM G-51, and Chemical analysis for major anions and cations as per ASTM 4327, ASTM 6919, and AWWA 41108 ii. Analyze collected data and prepare a technical memorandum. The memorandum will provide conclusions and recommendations for cathodic protection based on the field soil FNIAfL EXHIBIT A-10 OWNER conditions, collected data and laboratory data with respect to the proposed pipeline materials. 2. Cathodic Protection Design for the West Side pipelines a. Provide 60%, 95% and Issued for Bid cathodic protection design (steel/PCCP) details and specifications. G. SURGE PROTECTION ENGINEERING SERVICES: Perform a surge analysis of the West Side pipelines from the connection to existing piping at Upland Ave and 26`h Street (Bailey County and Low Head C Pipelines) to the proposed New Pressure Plane. ENGINEER will prepare a surge model of the Low Head C Pump Station and Pipeline, including input flows from Bailey County and delivery at the existing Pump Station 16 ground storage tank. The model will be based upon existing and proposed pipelines and proposed pumping equipment. The model will evaluate the following scenarios: a. Normal Pump Station Stop - 12 MGD (ultimate flow, two pumps); b. Normal Pump Station Start - 12 MGD (ultimate flow, four pumps); c. Pump Trip - two pumps running with one pump trip; and d. Power Fail - four pumps running with power failure; 2. Based on surge model, ENGINEER will prepare recommendation to reduce surge pressures, if needed. This may include operational changes, control valves, air valves, valve timing, or other approaches and will be summarized in a report. H. MATERIALS TESTING: FNI will retain and monitor and direct, through a subcontract, the efforts of a construction materials testing firm to perform the following testing services on an as needed basis including but not limited to: 1. Soil a. D698 proctors - Every 500 LF native - 31 total b. D 1557 proctors - 8 total c. Sand Cone - 4 total d. Nuclear density testing - Approximately 12 per day. Testing will be performed as directed by the RPR. Approximately 30 days with technician time of 4-6 hours per day. 2. Embedment Material a. ASTM D 4253 Proctor - 1 sample per source. 3 total as needed. b. Dry gradation - 2 total as needed. c. 5-cycle magnesium soundness - 2 total as needed d. L.A. Abrasion - 2 total as needed e. Atterburg limits of fines - 2 total as needed f. Resistivity -- 2 total as needed 3. Flex Base a. ASTM D 4253 proctor - 3 total as needed. b. Tex- 113-E proctor - 3 total as needed. c. Wet Ball Mill - 2 total as needed. d. Atterburg limit. bar linear shrinkage - 2 total as needed. e. Washed Gradation - 2 total as needed. f. Tex- 117-E Tri-Axial - 1 total as needed. FNIIVL EXHIBIT A -I I OWNER 4. Concrete a. 4 cylinders per 50 yards - 15 sets total. Testing included slump, entrained air content, concrete temperature and compression testing of cylinders. Asphalt a. One sample per day for asphalt content and gradation, rice specific gravity and lab molded density. 25 total as needed. b. One set of cires per 500 LF for in place thickness and in place density. 25 total as needed. c. In place nuclear density every 250 LF - 50 total d. Rolling pattern verification testing - two days of technician 6. Welding a. Visual inspection on all welds by CWI. 35 -- 10 hour days including travel time. b. Magnetic particle testing by CWI on all welds General a. Administration Time b. Project management time and attend 2-3 meetings in Lubbock ARTICLE III 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 following schedule: • Notice to Proceed (NTP) - Set by Owner after Council execution of this Agreement • Submit final Study Phase Deliverables - 90 days after NTP • Submit final Preliminary Design Deliverables - 150 days after NTP • Submit final Final Design Deliverables - 365 days (12 months) after NTP • Close out Design and Bid & Award Phase Services - 455 days (15 months) after NTP 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. 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, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. ARTICLE IV DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives: Owner's Designated Representative - Josh Kristinek,1314 Avenue K, Lubbock, Texas 79401; Phone: 806-775-3397; email lkristinek(&,Mylubbock.us FNI's Designated Representative - Michael McBee, 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102; Phone 817-735-7361; email Michael.McBee freese.com FNI's Accounting Representative - Misty Ballard, 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102; Phone 817-735-7290; email Mis .Ballard afreese.com FNI IVL, EXHIBIT A-12 OWNER No Text EXHIBIT A, PART 2, ADDITIONAL SERVICES WEST LUBBOCK WATER SYSTEM EXPANSION ENGINEERING DESIGN SERVICES ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not included in the above described basic services, are described as follows: A. 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. B. 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. C. 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. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. Providing services after the completion of the construction phase not specifically listed in Article II. Visits to the site in excess of the number of trips included in Article II for periodic site visits, coordination meetings, or contract completion activities. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Provide follow-up professional services during Contractor's warranty period. D. 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. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. G. Conducting pilot plant studies or tests. 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. I. General Project Representation during construction phase. J. Furnishing the services of a Resident Project Representative to act as Owner's on -site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. FNI NL EXHIBIT A-14 OWNER Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for Owner against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article I, F and Exhibit A, Part 4 Project Representation. If Owner provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this Agreement before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. Owner agrees that whenever FNI informs him in writing that any such personnel provided by the Owner are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. K. Furnishing Special Inspections required under chapter 17 of the International Building Code. These Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual work item, and they are in addition to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. L. Furnishing Inspections and Commissioning Reports required by International Energy Efficiency Code (IECC). M. 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). N. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. O. 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. P. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Services required to resolve bid protests or to rebid the projects for any reason. R. 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. S. Preparation of Operations and Maintenance Manuals for the proposed facilities and pressure plane. T. Easement Acquisition Services. U. Preparation of a Section 404 permit application or coordination with the U.S. Army Corps of Engineers (USACE). V. Presence -'absence surveys for federally listed threatened/endangered species. FNI NL EXHIBIT A-15 OWNER W. Conducting cultural resources studies or surveys. X. Phase I/II Environmental Site Assessments. Y. Other environmental permitting assistance or services not specifically described under SPECIAL SERVICES of this scope. FNI A(L EXHIBIT A-16 OWNER EXHIBIT A, PART 3, RESPONSIBILITIES OF THE OWNER WEST LUBBOCK WATER SYSTEM EXPANSION ENGINEERING DESIGN SERVICES RESPONSIBILITIES OF Owner: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: • any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are incurred due to the negligence of the construction contractor Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project as provided in this AGREEMENT. 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 this AGREEEMENT. H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. FNI Aft - EXHIBIT A-17 OWNER J. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. K. Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Pay all permits fees and mitigation cost. c. Provide land title research and title policy. d. Provide advertisement for bids in local publications as required. FNI Ift, EXHIBIT A-18 OWNER EXHIBIT B, PART 1— BUDGET WEST LUBBOCK WATER SYSTEM EXPANSION ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of $1.775,295 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT B, Part 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 are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed within 455 calendar days from the Notice to Proceed. FNI %JL EXHIBIT B-1 OWNER EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION WEST LUBBOCK WATER SYSTEM EXPANSION ENGINEERING DESIGN SERVICES FREESE AND NICHOLS, INC. ATTACHMENT CO LUBBOCK RATE SCHEDULE Position Rate Principal / Group Manager 342 Technical Professional - 6 335 Technical Professional - 5 270 Technical Professional - 4 232 Technical Professional - 3 194 Technical Professional - 2 270 Technical Professional -1 140 CAD Technician/Designer - 3 188 CAD Technician/Designer - 2 141 CAD Technician/Designer -1 112 Senior CAD Technician/Designer 232 Construction Manager - 4 200 Construction Manager - 3 151 Construction Manager - 2 143 Construction Manager -1 112 Corporate Project Support - 3 157 Corporate Project Support - 2 141 Corporate Project Support -1 108 Intern/ Coop 73 Rates for in -House Services Technology Charge Bulk Printina and Reproduction $8.50 per hour B&W Color Small Format (per copy) $0.30 $0.25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy /Mylar $0.75 $1.25 Vinyl / Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Binding (per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times 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 performing the same or similar services. Rates to be adjusted no more than 5% annually LUS22 FNI �f L EXHIBIT B-2 OWNER No Text No Text No Text a { , ..... . . ..... . . ,,,■■ r�■&��� ■■■■ &�� ■■ &� � \� � - §� ] / � | HIM IIIIIIIIIIII III I IIIIIIIIIIIII I 11111:11:11111111:111 lul i z CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 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 of business. 2023-984788 Freese and Nichols, Inc Fort Worth, Texas 76102, TX United States Date Filed: 02/17/2023 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. 16854 Professional Services for West Lubbock Water System Expansion Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Payne, Jeff Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Archer, Charles Raleigh, NC United States X Reedy, Mike Houston, TX United States X Greer, Alan Fort Worth, TX United States X Halley, Tricia Oklahoma City, OK United States X Wolfhope, John Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Paula Durant and my date of birth is My address is 801 Cherry Street, Suite 2800 Fort Worth TX 76086 us (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 Texas on the 17th day of February 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 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 of business. 2023-984788 Freese and Nichols, Inc Fort Worth, Texas 76102, TX United States Date Filed: 02/17/2023 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: 02/17/2023 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. 16854 Professional Services for West Lubbock Water System Expansion Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Payne, Jeff Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Archer, Charles Raleigh, NC United States X Reedy, Mike Houston, TX United States X Greer, Alan Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Wolfhope, John Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0