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HomeMy WebLinkAboutResolution - 2023-R0127 - Contract 17188 with Freese and Nichols 3.7.23Resolution No. 2023-RO127 Item No. 6.18 March 7, 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. 17188 the Detroit lift station rehabilitation project, 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 March 7, 2023 APPROVED AS TO CONTENT: 6-e `L�� _ Erik Rejino, Assistant City Manager T APPROVED AS TO FORM: V& 1 elliLeisure, Senior Assistant City Attorney ccdocs/RES.PSA-No. 17188 FNI Detroit lift station 2.20.23 Resolution No. 2023-RO127 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17188 is entered into this 7th day of March , 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 the Detroit Lift Station Rehabilitation Project (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 18 months. 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 $138,638, 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 4of11 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 A , 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 Nicholas Lester, P.E. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76109 Telephone: 817-735-7393 Email: ncl@freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3397 Email: jkristinek@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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Courtney Paz, Acting City ecretary APPROVED AS TO CONTENT: . ZUI—d� Z— LAX,� Michael G. Keenum, P.E., CFM Division Director of Engineering/ City Engineer APPROVED AS TO FORM: Pellisure, Senior Assistant City Attorney Firm Freese and Nichols, Inc. By: _ 1 u �� --- Page 10 of 11 Nicholas Lester, P.E. Vice President/Principle Email: ncl(@freese.com Page 11 of 11 EXHIBIT A, SCOPE OF SERVICES DETROIT LIFT STATION No.34 CONSTRUCTION PHASE SERVICES General: The City of Lubbock (The Owner) is experiencing a period of growth throughout the City and surrounding areas. To respond to this growth, infrastructure improvements are required to meet the increasing population and non-residential development. Per the original contract the condition of Lift Station No.34 was evaluated and determined to require replacement. Included in the original contract was the design for the new lift station. The focus of this contract is to assist the City in providing General Construction Phase Services for the bid package for the new lift station. The primary objectives of this contract are the following: A. Construction Phase Services (General Representation) Phase 1— Proiect Management During Construction — Administer project, provide executed and conformed plans and specifications, protect the City against defects and deficiencies, maintain a document control system (FNiManager), establish/monitor quality assurance procedures, consult with the City, interpret the intent of the plans, conduct PROJECT completion activities. 2. Phase 2 — Pre -Construction Meetings, Site Visits and Progress Meetings — Assist the City in conducting a pre -construction meeting, monthly meetings, periodic additional meetings, and site visits. 3. Phase 3 —Review of Contractor's Submittals— Review shop drawings, modification requests, notices by contractor (NBC), pay applications and requests, baseline and monthly schedules, and certified test reports. 4. Phase 4— Review of Contractor's Request for Information —Review requests for information (RFI) by Contractor. 5. Phase 5 — Preparation of Field/Change Orders — Establish procedures for administering changes to the Contract Documents, assist the City in processing Proposed Contract Modifications (PCM) and Contractor Modification Requests (CMR), and prepare change orders and field orders. 6. Phase 6 — Preparation of Record Drawings —Revise the construction drawings in accordance with the information furnished by Contractor and submit to the City for their records. 7. Phase 7 — On -site Equipment Testing/Training and O&M Manuals Review —Assist the City in facilitating on -site testing and training by coordinating with contractor. 8. Phase 8 — Advertise and Bidding — Assist the City in advertising the project including responding to any offerors' request for information, and to assist the City in reviewing and evaluating the offers and submitting a recommendation of Construction Award to the City. 9. Phase 9 — Unused Budget Remaining from Design Contract — To offset additional effort during the advertising and bidding phase of the original design contract, it was agreed that a portion of the unused budget shall be included in the Construction Phase Services contract. B. The Project does not include the following services: 1. Resident Project Representation (RPR). 2. Material testing services. 3. Rebidding projector advertising the project under multiple phases or due to unacceptable offers submitted. CONSTRUCTION PHASE SERVICES The Engineer shall provide the following services for the PROJECT A. PHASE 1— PROJECT MANAGEMENT DURING CONSTRUCTION: 1. Administer and take all actions assigned to Engineer as provided in the construction Contract Documents; 2. Provide the City up to 3 sets of executed construction specifications, 8 half-size conformed construction plans, and 3 sets of conformed construction specifications. Engineer will provide digital copies of all PROJECT data and deliverables in an indexed PDF format and drawings in Autodesk (.dwg) drawing file format; 3. In performing services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of Contractor. Engineer will report any deficiencies to the City. However, it is understood that Engineer does not guarantee the Contractor's performance, nor is the Engineer responsible for supervision of the Contractor's operation and employees. Except as otherwise provided by the construction Contract Documents, the Engineer shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor; 4. Maintain a document control system using an internet-based construction management software provided by the Engineer (FNiManager), which is designed to track the processing of Contractor's submittals and provide for filing and retrieval of PROJECT documentation, including the City's daily construction reports and tracking corrections to defective work; 5. Establish and monitor quality assurance procedures in accordance with the construction Contract Documents. Notify the City of non -conforming work observed. Promptly recommend action to initiate corrective procedures for defective work, and coordinate special materials tests and performance tests needed to obtain a quality PROJECT; 2 6. Consult with and advise the City during construction, and make recommendations regarding materials and workmanship; 7. Interpret the intent of the plans and specifications for the City; 8. Conduct, in company with Owner's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of one trip are an additional service; 9. Examine the Contractor's construction record as -built drawings once a month, typically at monthly progress meetings, to determine that the information is recorded in an accurate and timely manner by the Contractor as required in the construction Contract Documents; 10. Perform overall project quality assurance and develop an internal quality plan, 11. Provide initial effort for project setup including task assignments, billing setup, and preparing baseline design schedule, including monthly (12) billing; and 12. If the construction period extends beyond 12 months, additional work required of the Engineer may be considered as a SPECIAL SERVICE. B. PHASE 2— PRE -CONSTRUCTION MEETINGS, SITE VISITS, AND PROGRESS MEETINGS: 1. Attend and assist the City in conducting up to 12 monthly progress meetings (virtual) with the Contractor; 2. Attend and assist the City in conducting a pre -construction conference with the Contractor, prepare conference meeting minutes, review the PROJECT construction schedules prepared by the Contractor pursuant to the requirements of the construction Contract Documents, and review an estimate of monthly cash flow requirements for the PROJECT prepared by the Contractor; 3. Make 2 site visits during the construction of the improvements due to special conditions that develop during construction. The length of construction is anticipated to be a period of 12 months. Throughout the construction phase of the PROJECT, the Engineer will attend monthly progress meetings (virtual), provide support for the City, observe the progress and the quality of work, and determine if the work is proceeding in accordance with the construction Contract Documents. The Engineer will provide meeting minutes, field notes, and supplemental instructions through FNiManager. Additional site visits may be considered as a SPECIAL SERVICE; and 3 C. PHASE 3 — REVIEW OF CONTRACTOR'S SUBMITTALS: 1. Review samples, catalog data, schedules, shop drawings, modification requests, and other submittals in accordance with the requirements of the construction Contract Documents for the PROJECT via FNiManager. Monitor the progress of the Contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. Produce monthly reports indicating the status of all submittals in the review process. It is anticipated that the Engineer will review and respond to up to a total of 5 Notices -by -Contractor (NBC), 12 Pay Applications/Requests, 1 baseline construction schedule,11 updated monthly construction schedules, and 50 shop drawing submittals. The total number of shop drawings includes resubmittals required for non -conforming and/or incorrect submittals. Documents received and filed as record data are not considered shop drawing submittals. Additional authorized shop drawing submittals may be considered as a SPECIAL SERVICE; and Review up to a total of 50 quality related documents provided by the Contractor such as laboratory, shop and mill tests of material and test equipment, equipment installation reports, and other data and documentation as required by the construction Contract Documents via Projectmates. D. PHASE 4— REVIEW OF CONTRACTOR'S REQUEST FOR INFORMATION: 1. Maintain a document control system using FNiManager to track the Contractor's Requests for Information (RFI). Review the Contractor's RFIs and prepare a response in accordance with the construction Contract Documents. Provide interpretation and communicate intent if information is not addressed in the construction Contract Documents. It is anticipated that the ENGINEER will review and respond to up to a total of 10 RFIs for the project. Review of RFIs in excess of the specified number may be considered as a SPECIAL SERVICE; and 2. Investigations, analyses, and studies requested by the Contractor and approved by the City, for substitutions of equipment and/or materials or deviations from the plans and specifications may be considered as a SPECIAL SERVICE. E. PHASE 5 — PREPARATION OF FIELD/CHANGE ORDERS: 1. Establish procedures for administering changes to the construction Contract Documents through FNiManager; 2. Assist the City in processing contract modifications and in the negotiations with the Contractor to determine the cost and time impacts of these changes; 3. Review up to 5 Contract Modification Requests (CMR) or Proposed Contract Modifications (PCMs); 4. Prepare up to 2 Change Orders (COs) and up to 5 Field Orders (FOs) for execution by the City; and S. Additional authorized CMR/PCM review or CO/FO preparation in excess of the specified number may be considered as a SPECIAL SERVICE. 4 F. PHASE 6 — PREPARATION OF RECORD DRAWINGS: 1. Revise the construction drawings in accordance with the information furnished by the Contractor, reflecting changes made during construction of the PROJECT including the following items: (a) Pipe interior diameter, material, manufacturer, and stiffness; (b) Location and dimensions of above -ground and below -ground structures; (c) Method and limits of construction; (d) Manhole/structure type, manufacturer, material, riser interior diameter, and interior coating installed; (e) Pipe embedment and structural backfill details; (f) Hydraulic information including pipe gradient, design flow, and pipe capacity; and (g) Post -construction survey data as provided in Task VII; 2. Organize and participate in a record drawings review workshop with the City prior to finalizing record drawings; and 3. Provide the City with 1 full-size mylar set of record drawings, 1 half-size unbound bond set of record drawings, 5 half-size bound sets of record drawings, and a digital copy of the record drawings on CD. Engineer shall provide all record drawings in an indexed PDF format and Autodesk (.dwg) drawing file format. G. PHASE 7 — ON -SITE EQUIPMENT TESTING/TRAINING AND OPERATIONS AND MAINTENANCE MANUALS REVIEWS: 1. Attend one on -site equipment testing of mechanical and electrical components of the lift station and prepare minutes of such testing; and 2. Review contractor's submittal of all operations and maintenance manuals. H. PHASE 8—ADVERTISING AND BIDDING: 1. Assist City during advertising by addressing any questions posted to City's on-line bidding site (Bonfire); 2. Prepare addenda, as necessary, in modifying bidding documents to clarify intent of project; 3. Attend closing (bid opening).; 4. Review and analyze proposals submitted by offerors based on weighted criteria; and 5 5. Prepare Letter of Recommendation to City to award construction project to the Offeror with the highest score based on the weighted criteria. I. PHASE 9 — UNUSED BUDGET REMAINING FROM DESIGN CONTRACT: 1. To offset additional effort during the advertising and bidding phase of the original design contract, it was agreed that a portion of the unused budget shall be included in the Construction Phase Services contract. 0 EXHIBIT A, ADDITIONAL SERVICES DETROIT LIFT STATION No.34 CONSTRUCTION PHASE SERVICES Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be added to the Engineer's responsibilities by mutual agreement and written authorization include, but are not necessarily limited to, the following: 1. Provide Resident Project Representation (RPR) services; 2. Material testing services; 3. Field layouts or the furnishing of construction line and grade surveys; 4. 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; 5. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications; 6. 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; 7. 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; 8. 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); 9. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications; 10. 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; 11. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues during construction; 12. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work; 13. 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; 7 14. Services required to resolve bid protests, to rebid the project as originally bid or as multiple bids, for any reason other than fault of any type or degree of FNI; 15. 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; 16. Any service required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete work within the contract time; 17. Providing services after the completion of the construction phase not specifically listed in the scope of services; 18. 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; 19. Providing value engineering studies or reviews of cost savings proposed by others; 20. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project; 21. Provide follow-up professional services during Contractors warranty period; 22. Perform review of Contractor's submittals, RFls, FOs/COs, and CMRs/PCMs in excess of the number identified; 23. Perform video inspection and/or pipeline cleaning; 24. Perform subsurface excavation in the event such excavation is required to locate existing facilities; 25. Prepare legal descriptions and plats; 26. Perform geotechnical assessments to determine soil, water table, or trenching characteristics; 27. Furnish construction plans and specifications in excess of those sets identified; 28. Observe on -site conditions to evaluate exposed conditions, dewatering techniques, or changed conditions; 29. Coordinate with landowners for right of entry or other PROJECT -related requirements; 30. Provide additional construction plan sets and specifications for the PROJECT in excess of the number identified; and 31. Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices. 8 EXHBIT A, RESPONSIBILITIES OF THE OWNER DETROIT LIFT STATION No.34 CONSTRUCTION PHASE SERVICES RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. 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. B. 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. C. 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. D. 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. E. 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. F. 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. G. 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. H. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. J. Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Pay all permit fees and mitigation costs. I7 c. Provide land title research and title policy. d. Provide advertisement for bids in local publications as required. 10 EXHIBIT B, BUDGET DETROIT LIFT STATION No.34 CONSTRUCTION PHASE SERVICES CITY and ENGINEER have established a not -to -exceed budget of $138,638 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. 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 540 calendar days from the Notice to Proceed. 11 EXHIBIT B, HOURLY RATE SCHEDULE COMPENSATION DETROIT LIFT STATION No.34 CONSTRUCTION PHASE SERVICES Compensation to FNI Services in Exhibit A shall be computed on the basis of the following Schedule of Charges but shall not exceed One Hundred Thirty -Eight Thousand Six Hundred Thirty -Eight Dollars. ($138,638). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Exhibit A, FNI will notify OWNER for OWNER'S approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. LUBBOCK RATE SCHEDULE Position am Principal / Group Manager 305 Technical Professional - 6 293 Technical Professional - 5 234 Technical Professional - 4 200 Technical Professional- 3 173 Technical Professional - 2 152 Technical Professional -1 125 CAD Technician/Designer - 3 168 CAD Technician/Designer - 2 126 CAD Technician/Designer -1 100 Senior CAD Technician/Designer 207 Construction Manager-4 165 Construction Manager - 3 13S Construction Manager- 2 128 Construction Manager -1 100 Corporate Project Support - 3 140 Corporate Project Support - 2 126 Corporate Project Support -1 96 Intern/ Coop 65 Rates for In -House Services Technokmm Charge Bulk Printing and Reproduction $8.50 per hour J)( Color Small Format (per copy) $0.10 $0.25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0.25 $0.7S Glossy /Mylar $0.7S $1.2S Vinyl/Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Binding (per binding) $0.25 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. Rates shall remain constant for the duration of the contract. 12 City of Lubbock Detroit Lift Station No.34 - Construction Phase Services Fee Breakdown Phase Description Fee FNI Sub 1 Project Management During Construction $ 16,410 $ 16,410 $ - 2 Pre -Construction Meetings, Site Visits and Progress Meetings $ 36,118 $ 36,118 $ - 3 Review of Contractor's Submittals $ 35,090 $ 35,090 $ - 4 Review of Contractor's Request for Information $ 4,884 $ 4,884 $ - 5 Preparation of Field/Change Orders $ 14,649 $ 14,649 $ - 6 Preparation of Record Drawings $ 10,797 $ 10,797 $ - 7 On -site Equipment Testing/Training and O&M Manuals Reviews $ 7,430 $ 7,430 $ - 8 Advertising and Bidding $ 7,658 $ 7,658 $ - 9 Unused budget from Design Contract $ 5,602 $ 5,602 $ - Total $ 138,638 $ 138,638 $ 13 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. 2023-985267 Freese and Nichols, Inc Fort Worth, Texas 76102, TX United States Date Filed: 02/20/2023 2 Name of governmental entity or state agency that is a parry 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. 17188 Detroit Lift Station Rehabilitation Project 4 Nature of interest 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 Johnson, Kevin Dallas, TX United States X Payne, Jeff Fort Worth, 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 Paula Durant and my date of birth is My address is 801 Cherry Street, Suite 2800 Fort Worth TX 76102 US (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 20th day of February 20 23 (month) (year) loa,u (.!i �G�%LGGI7�C. Signature of authorized agent of contracting business entity (Declarant) rV1111A pluvwwu uy 1 CA2i5 Cunub k.u1111r11551un www.etnjcs.state.tX.us Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2023-985267 Freese and Nichols, Inc Fort Worth, Texas 76102, TX United States Date Filed: 02/20/2023 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: 02/22/2023 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. 17188 Detroit Lift Station Rehabilitation Project 4 Nature of interest 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 Johnson, Kevin Dallas, TX United States X Payne, Jeff Fort Worth, 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 Parry. ❑ 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