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HomeMy WebLinkAboutResolution - 2023-R0319 - PSA Contract 17020, Freese and Nichols, Inc 6.27.23Resolution No. 2023-RO319 Item No. 6.8 June 27, 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. 17020 the northwest sewer interceptor project, by and between the City of Lubbock and Freese Nichols, Iric., 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 June 27, 2023 APPROVED AS TO CONTENT: lie Erik Rejino, Assistant City Manager APPROVED AS TO FORM: k -A*A-� elli Leisure, Senior Assistant City Attorney ccdocs/RES.PSA-No. 17020 - NNI NW sewer interceptor 5.31.23 Resolution No. 2023-RO319 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17020 is entered into this 27 day of June , 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Northwest Sewer Interceptor 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 240 calendar 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 $714,026, 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 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 Robb Otey 801 Cherry St #2800 Fort Worth, TX 76102 Telephone: 817-73 5-75 62 Email: Robb.Otevafreese.com C. City's Address. The City's address and numbers for the purposes of notice are: James Dean City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3254 Email: idean _.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 JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF Page 7 of 11 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. 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 parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than 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 AT EST: Courtney Paz, City SQcretary APPROVED AS TO CONTENT: Mike Keenum, P.E., CFM APPROVED AS TO FORM: V111t -&Weei elli Leisure, Assistant City Attorney Firm Freese and Nichols B po�.& Y Robb Otey Email: Robb.Otey@freese.com Page 11 of 11 EXHIBIT A, SCOPE OF SERVICES NORTHWEST LOOP 289 INTERCEPTOR ENGINEERING DESIGN SERVICES General: The City of Lubbock (Owner) is experiencing a period of growth throughout the city and surrounding areas, particularly within the Northwest Sewer Basin, which is the focus of this project. To respond to this growth, infrastructure improvements are required to meet the increasing population, non-residential development, and potential annexation areas, as identified in the Owner's 2020 Wastewater Master Plan (Project Nos. 4 and 5). The development of the proposed sewer interceptor (PROJECT), per the Master Plan, is to replace the existing 15/18/21/24-inch sewer interceptor along Iola Avenue, 191h Street, and Northwest Loop 289, to the Diversion Box located at Quaker Avenue. As an alternate design, the existing sewer interceptor, which would remain in service, would be supplemented with a parallel sewer system, whose combined sewer capacity is sufficient to convey the future flows. To address the projected future flows, the PROJECT's primary objectives consist of the following: A. The PROJECT includes the following BASIC and SPECIAL services: 1. Project management, quality assurance, and quality reviews. 2. Prepare Preliminary Design Report (PDR) - Identifying and analyzing three alternate routes, in addition to the baseline route identified in the Owner's Wastewater Master Plan (refer to Attachment 1), Route Options 1, 2A, 26, 3 and 4). Route Options 1, 26, 3 and 4 would replace the existing sewer, while Route Option 2A would be sized accordingly based on the existing sewer to remain in service. Included in the PDR will be the determination of rehabilitation methods for portions of the existing sewer lines for Route Option 2A, if the existing sewer main is to remain in service, or if the existing sewer main is required to continue to convey only local flow. 3. Condition Assessment — A condition assessment of approximately fifty (50) existing manholes and 21,360 LF of existing sewer (2,820 LF 15-inch, 7,050 LF 18-inch, 9,020 LF 21-inch, and 2,470 LF 24-inch) will be performed. The purpose of this condition assessment will be to identify if rehabilitation is required, and if so, to select the method conducive to its condition. Per discussions with the Owner, it has been determined that Heavy Cleaning and/or Specialty Cleaning, as defined by NAASCO's PACP program, will not be required. These services can be provided as an Additional Service. 4. Topographical Survey — Topographical survey will be performed for approximately 25,000 LF along the Owner -approved route, selected from the Preliminary Design Report (PDR). The length of the survey is based on the longest route evaluated in the PDR (Route Option 4). Survey will also be provided for the existing sewer main including the next upstream manhole for all 1 lateral connections. There are approximately fifty (50) manholes on the existing sewer main, 34 of which have lateral connections. A total of eighty-four (84) manholes will be surveyed for the existing sewer main. 5. Geotechnical Investigation - The proposed geotechnical scope of work for the PROJECT will consist of field exploration, laboratory testing, engineering analysis, and data reporting. Up to 11 exploratory borings will be performed with borings drilled to a minimum depth of 25 feet below existing grade. Exploratory borings will be located generally every 2500 linear feet along the selected alignment and on each end of any bored/tunneled crossings. 6. Environmental Evaluation — The proposed environmental evaluation consists of a pedestrian survey, coordination with the Texas Historical Commission, and the preparation of an environmental permitting memorandum. It is anticipated that environmental permitting will not be required. Any permitting necessary can be provided as an Additional Service. B. The PROJECT does not include the following services: 1. Resident Project Representation (RPR). 2. General Representation during construction. 3. Bidding or advertising the PROJECT. 4. Disposal fees for waste material collected by the Contractor during the Condition Assessment of the existing sewer. It is understood that the Owner will provide, free of charge, a location for the Engineer's sub -consultant to dispose of all waste material. 5. It is assumed that the geotechnical borings will not encounter a rock stratum. Therefore, the testing for such material is not included in the scope. 6. Temporary flow monitoring will not be provided. Design flows will be based on the Owner's current Wastewater Master Plan and updated projections, currently being evaluated by FNI under a separate contract. 7. Land acquisition services. 8. The preparation of a Pre -Construction Notification, individual Section 404 permit application to the USACE, performing a survey for federally listed threatened or endangered species, providing a cultural resource survey (archaeological), preparation of a Phase 1/11 environmental site assessment, or any other type of environmental permit, is not included in the scope. 2 BASIC SERVICES: TASK I — PROJECT MANAGEMENT Engineer shall ensure efficient and effective use of Engineer and Owner's time and resources. Engineer shall manage change through effective communication, coordinate internally and externally as needed, and to proactively address issues with the Owner's Project Manager and others as necessary to make progress on the work. 1. Managing the Team a. Lead, manage and direct design team and sub -consultant activities. b. Ensure quality control is practiced in performance of the work. c. Communicate internally among team members. d. Task and allocate team resources. 2. Communications and Reporting a. Attend a kickoff meeting, via conference call, with Owner's staff to confirm and clarify scope, understand Owner's objectives, and ensure economical and functional designs meet Owner's requirements. Prepare meeting minutes of the PROJECT kick-off meeting and distribute to participants. b. Attend internal kickoff meeting with Engineer's design staff to confirm and clarify scope. c. Conduct one (1) review workshop, at Owner's office, to review the PROJECT. d. Conduct up to an additional two (2) design progress meetings (conference call) with Owner's staff. e. Prepare up to seven (8) invoices and submit monthly in the format acceptable to the Owner. f. Prepare and submit up to seven (8) monthly progress reports during the design phase. g. Prepare and submit baseline Project Schedule at PROJECT start-up, and project schedule updates with a schedule narrative monthly when the schedule is modified. h. Coordinate with other agencies (TxDOT, TCEQ, etc.) and franchise owners as necessary for the preparation of the PDR. i. Engineer shall maintain an Action Items and Decision Log to monitor PROJECT activity. j. Coordinate with subconsultants to confirm all design elements are compatible, integrated, and meet Owner performance requirements. Engineer's Project Manager shall be the primary client contact and lead communicator to Engineer's staff. Assumptions: 1. 7 invoices and monthly progress reports. 2. 1 kickoff meeting with Owner's staff. 3. 1 internal kickoff meeting with design staff. 4. 1 review workshop with Owner's staff (in -person). 3 5. Up to 2 additional design progress meetings with Owner's staff (conference call). 6. 6 monthly internal design meetings. Deliverables: 1. Meeting summaries with action items. 2. Monthly invoices and monthly progress reports. 3. Baseline design schedule. 4. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes. TASK II — PRELIMINARY DESIGN REPORT (PDR) Engineer will prepare a Preliminary Design Report (PDR) that evaluates up to three (3) options in addition to the baseline route established in the Owner's Wastewater Master Plan, to accommodate the needed hydraulic improvements to this segment. The following services will be performed: 1. Review existing materials and reports, including those obtained from the Owner, and perform field investigations to establish the final interceptor alignment. The data reviewed will be used in the development of the Project Documents and will include the following: a. Latest system Infiltration/Inflow data. b. Available wastewater flow data. c. Existing pipeline numbering system and geographic information system (GIS) mapping. d. Property ownership and tax plat information. e. Existing wastewater closed-circuit television (CCTV) and inspection data, field logs, work order history, and reports, if available. f. Existing utility, roadway, and site record drawings. g. Engineer will define the average and maximum flow conditions based on existing hydraulic modeling as provided in the latest Owner Wastewater Master Plan and subsequent updates, developed under separate contract. 2. Evaluate construction of new interceptor along alternate routes. 3. Evaluate existing pipeline rehabilitation methods for the existing 15-, 18-, 21- and 24-inch pipelines, which may include traditional cured -in -place pipe (CIPP), sliplining, pipe bursting, and point repairs. Assess the structural viability of each rehabilitation option based upon the condition assessment and existing known soil conditions. Rehabilitation evaluation is not required if the selected alternate is the baseline route, which abandons the existing sewer. 4. Prepare exhibits showing the PROJECT and related interceptors and appurtenances. Each proposed alternative option will be shown on a separate exhibit, to be used during planning and presentations. 4 5. Determine the pipeline configuration needed to convey the projected flows. 6. Review the alignment of the existing pipeline and/or other applicable pipeline improvement(s) in areas to be paralleled and pertinent information regarding land boundaries and ownership in the potentially affected areas. 7. Develop preliminary pipeline profiles for alternative options. At a minimum the profiles shall be developed based on topographic information obtained from United States Geological Survey topographic maps along the proposed pipeline routes. The profiles will be reviewed with the Owner and the alternatives compared to determine advantages and disadvantages of the proposed alternatives based on the profile characteristics. Investigation of subsurface features (e.g., other utilities, pipelines, and structures) may be required in developing the profiles. 8. Desktop Environmental Evaluation — Engineer will perform a desktop environmental evaluation of each alternate route to base our opinion on the potential environmental permits and regulations that may apply to each of the four routes. 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 route alignments. Results of the desktop environmental review will be summarized in a Technical Memorandum and will be included in the PDR as an attachment. 9. Prepare up to four (4) preliminary OPCCs (three for alternate routes and one for the baseline route) for the proposed improvements. Estimate of land costs will utilize information furnished by the Owner. 10. Furnish preliminary alignment(s) to the Owner and assist the Owner in identification of the number and location of land parcels affected by the proposed pipeline alignment. 11. Submit one advance copy of the Draft PDR, cost opinions, and associated drawings to the Owner, in PDF format, for Owner review. 12. Participate in one workshop with the Owner to discuss the various alternative options for the PROJECT and probable environmental impacts in the area. This effort is covered in Task I. 13. Incorporate comments from the Owner and submit two (2) hard copies and one electronic copy (in searchable PDF format) of the Final PDR, including cost opinions and associated drawings. 14. Participate in one Final PDR implementation workshop that discusses the PROJECT recommendations and implementation. Workshop to be held via conference call. 5 Assumptions: 1. Review workshop to be held at the Owner's offices. 2. Final workshop to be held via conference call. Deliverables: 1. Draft PDR (PDF format only). 2. Final PDR (2 hard copies and PDF format). TASK III — CONDITION ASSESSMENT 1. Manhole Inspection: a. Engineer shall utilize a sub -consultant to locate and perform the inspection of up to fifty (50) manholes along the existing 15/18/21/24-inch sewer pipeline along Iola Avenue, 19th Street and Northwest Loop 289, including the Diversion Structure located at Quaker Avenue including all manholes located in its proximity. The manhole inspection shall be provided in accordance with National Association of Sewer Service Companies (NASSCO) Manhole Assessment and Certification Program (MACP). Visual inspection will be performed at all manholes except where conditions do not allow. These conditions include pipes flowing more than half full, dangerous gas conditions, and offset manholes. b. Owner shall only provide assistance to Engineer in locating buried or unmarked manholes and opening any bolted manholes, or manhole lids unable to be opened without potentially causing damage to the manhole ring and lid. c. Analyze existing manhole inspection data to determine the need and prioritize line segments that may require further assessment. d. Analyze data and make recommendations for rehabilitation/replacement. e. Photographic images and video clips of found defects and observations will be provided in digital format via ftp link for file upload. f. Data shall be recorded on field forms consistent with NASSCO standards. a. Coordinate a plan and schedule with the Owner in accessing the interceptor and manholes for inspection. 2. Pipeline Inspection: b. Obtain from the Owner existing plans, reports, studies, records, and system inspection reports for the existing sewer, points of entry records, corrosion analysis data including defects list, and field condition data from the Owner, concerning the interceptor segment, if available. c. Review existing PROJECT flow data and previous general condition assessment reports, including defects list and field condition assessments for a maximum of 21,360 LF (2,820 LF 15-inch, 7,050 LF 18-inch, 9,020 LF 21-inch, and 2,470 LF 24-inch) of the existing sewer interceptor. d. Engineer's sub -consultant will determine the extent of the inspection based on limitations 6 of the robotic equipment or field conditions, which prohibit full access. e. Conduct a diagnostic evaluation utilizing certified NASSCO technicians and CCTV inspection of the existing interceptor. The actual inspection techniques utilized for each segment will be based on data obtained during the manhole/visual inspection task. This diagnostic evaluation will comprise of depth of flow in pipe, identification of pipeline corrosion and debris, and high -resolution video imaging of problem areas in the pipeline. f. The method utilized shall include a pan/tilt/zoom camera mounted on a transporter specifically designed for a 15/18/21/24-inch pipe. A fully trained and certified CCTV technician will enter all observations, defects and all information related to the condition or state of the pipe into specifically designed CCTV software per NASSCO standards. The software shall produce information in a format that can be printed or delivered in PDF format. The electronic data and the MPEG/AVI videos will be exported and placed on an external thumb drive or uploaded via an ftp link for further evaluation. g. Light cleaning of the pipeline is anticipated for the entirety of the pipeline, which consists of three (3) passes of an 80 gpm Vactor style Jet -Vac. Additional passes to facilitate the CCTV inspection, will not be performed without written request by the Owner as an Additional Service. h. Coordinate a plan and schedule with the Owner in accessing the interceptor and manholes for inspection. i. Review the data collected during the pipeline assessment tasks to assess the overall condition of the interceptor. j. Submit two (2) hard copies and one (1) electronic copy (in searchable PDF format) of the draft condition assessment report. After Owner review and incorporating the Owner's comments, Engineer will provide same of the final condition assessment report to the Owner. k. Debris collected during pipe cleaning operations shall be delivered to an Owner -approved facility. Any fees and/or charges for using said facilities shall be at no cost to the Engineer. I. Traffic control will be provided by Engineer along residential and business streets. Basic residential traffic control (20 mph or less) shall be comprised of up to ten 18-inch safety cones. Residential or business streets exceeding 25 mph shall be comprised of up to twenty 18-inch safety cones and two advanced warning traffic signs. TxDOT or "heavy" traffic control shall be comprised of the requirements of any TxDOT permit and may include in excess of twenty 18-inch safety cones, advanced warning traffic signs, an arrow board or flagmen, a crash cushion, crash attenuator truck and possibly a Certified Traffic Control Plan sealed by a licensed Engineer in the State of Texas. 3. Engineer shall prepare Technical Memorandum documenting the manhole and pipeline findings and recommendations for any rehabilitation required. The TM shall include tables identifying defects of the pipeline and manholes. Included in the TM will be the reports provided by the Engineer's sub -consultant in their delivered form, as an appendix. The TM will be included in the PDR as an attachment. 7 Assumptions: 1. Condition Assessment will be performed prior to development of the PDR. 2. All manholes are accessible for CCTV equipment, and not buried. If any manholes are buried, Owner's maintenance staff will provide assistance in determining their location. Deliverables: 1. One combined Technical Memorandum 2 hard copies and PDF format). TASK IV — TOPOGRAPHIC SURVEY 1. Prepare up to thirty (30) permit -to -survey letters and obtain permission from the owner of each affected property to conduct necessary surveys. If property owners do not respond to the initial letter, Engineer shall attempt to contact landowners by other means and send a follow-up request letter via certified U.S. Mail, return receipt requested. Engineer shall furnish the return receipt to the Owner as evidence of its compliance with this requirement. 2. Provide surveying services to obtain all field information needed for design of the PROJECT, based on approximately fifty (50) manholes and 21,360 LF of existing sewer (2,820 LF 15-inch, 7,050 LF 18-inch, 9,020 LF 21-inch, and 2,470 LF 24-inch) and 25,000 linear feet (LF) of new pipeline per the selected. 3. Establish three (3) horizontal and vertical control points per mile for the PROJECT. The horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates and the vertical control being based on North American Vertical Datum NAVD-88. Provide survey notes on design drawings and electronic files with clear location and description of benchmarks and horizontal control points. Benchmarks shall be documented and retraceable. 4. Prepare planimetric detail based on the survey showing existing visible elements within street right-of-way including, but not limited to, the following: a. Existing pavement, curbs, sidewalks, barrier free ramps, and similar objects. b. Driveways. c. Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control. d. Culverts and bridges. e. Railroads. f. Guardrails. g. Top and bottom of slope for railroad or highway crossing. h. Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities. Include measure down to top of nut for all water main gate valves. L Traffic signal poles, cabinets, and other signal equipment. j. Signs, excluding temporary signs. k. Trees over 4" (caliper at 3' above ground) and other landscape features (dense cluster or rows of trees to be indicated by outline rather than individual trees). 8 I. Building footprints, including cleanouts. m. Retaining walls. n. Fence limits and material types. o. Flowlines of creeks, if applicable. p. Flowlines of manholes, inlets, culverts, and other utility structures, including all lateral connections (flowline, direction of flow, pipe size, and location). q. Property corners. r. Field sketches of manholes. s. Other applicable physical features that could impact design. 5. Stake bore holes (up to 11) and vertically and horizontally locate the bore holes no more than two weeks after drilling is completed. 6. Based on the survey, generate one -foot contours along the alignment corridor. 7. Prepare composite base map of all features located in the field through the survey. 8. Provide detail notes at each manhole invert including lateral connections. Information collected shall include the XYZ coordinates on existing rim, flowlines, direction of flow, and natural ground elevation at each manhole. 9. Identify existing property boundaries, right-of-way lines and easements that are shown on existing recorded plats and those depicted on the Owner's GIS map. PROJECT pertinent property and right-of-way lines will be established from monuments found on the ground. The existing electrical and gas utility easements shall be shown in the survey. The survey will locate and tie existing right-of-way, property lines, and easements including type, size, volume, and page, where applicable. Show Lot, Block, Abstract Number, and dimensions with adjacent Street Names. City and county boundaries will be shown where applicable. 10. Provide ownership research and obtain copies of deeds, easements, subdivision plats, and right- of-way maps as required (where easement acquisition is necessary) to establish the existing interests in property necessary to the construction of the PROJECT. 11. Establish the location of existing right-of-way lines and block lines throughout the PROJECT corridor. Assumptions: 1. 30 permit -to -survey letters will be required. 2. Survey up to eighty-four (84) existing manholes and up to 25,000 LF of proposed sewer interceptor corridor, generally 100 to 150 feet wide. 3. Survey up to 11 geotechnical bore locations, which may require a separate site visit. Deliverables: 1. Electronic base file in AutoCAD. W SPECIAL SERVICES: TASK V — GEOTECHNICAL EVALUATION 1. Field Exploration: a. Engineer shall select and mark 11 boring locations along the proposed route. Engineer shall notify Texas 811, appropriate City department(s) to request location and marking of existing underground utilities prior to the field exploration. b. Engineer shall subcontract with a geotechnical drilling contractor to drill a total of 11 borings to a depth of 25 and 5 borings to a depth of 50 feet (total drilled length approximately 525 vertical feet). The deeper borings will be drilled in locations where trenchless excavation methods will be required at highway crossings. Samples will be collected intermittently using continuous flight augers and either split spoon or tube samplers. Rock and rock -like materials will be sampled using an NX core barrel and/or tested in -situ using a TxDOT Cone Penetration Test, as appropriate for the material. c. The budget is being estimated based upon the following approach: i. Borings will be drilled through the roadway pavement areas. ii. Drilling through the pavement will include coring the pavement, drilling the boring, backfilling with auger cuttings, and patching the pavement surface with similar material. iii. Traffic control will be provided and may require temporarily closing a lane of traffic. A traffic control plan will be sent to the Owner for approval prior to the field work. d. Provide an Engineer or Geologist experienced in logging borings to direct the drilling and logging of the borings. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). 2. Laboratory Testing: a. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing sub -contractor. b. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: i. Classification tests (liquid and plastic limits and percent passing the No. 200 sieve). ii. Moisture content. iii. Grain Size Analysis through the 200-mesh sieve. iv. Unconfined compression tests, if appropriate. 3. Engineering Analysis: a. Prepare a Technical Memorandum summary report of the geotechnical investigation, which 10 shall include the following: i. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. ii. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. iii. Design considerations for excavation techniques, structures associated with the pipeline, and bores (trenchless excavation) that may be required at the highway crossings. iv. Lateral earth pressures will be provided when appropriate. V. Earthwork related recommendations for trench backfill for use during development of the plans and specifications. TASK VI — ENVIRONMENTAL EVALUATION 1. Conduct Pedestrian Survey — After a route is selected for detailed design, the PROJECT Engineer's environmental scientist will conduct a site visit along 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. 2. 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 is met, Engineer will draft a consultation letter to the THC for Owner's review and comment. Engineer will incorporate Owner'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. 3. Prepare Environmental Permitting Memorandum — Information gathered during the desktop review, pedestrian survey, consultation with the THC, and coordination with the PROJECT Engineers will be used to prepare an environmental technical memorandum. The memorandum will document the Engineer's opinion on what, if any, environmental permits/authorizations are required. 4. Contact local, state and federal agencies to determine applicable rules and regulations and permitting requirements that apply to the PROJECT and prepare engineering data necessary and submit applications for routine permits required by the agencies. Anticipated permits could include: (a) Street Cut/Crossing Permits: Contract drawings will reflect the design criteria outlined in the rules, codes, regulations, and ordinances identified in the review. The construction Contractor will obtain the permit at the time of construction. 11 (b) Storm Water Pollution Prevention Plan and Permits (SWPPP): Construction Contractor will prepare the SWPPP. Engineer shall prepare the contract specification with the minimum requirements. (c) Texas Department of Transportation (TxDOT): Prepare TOOT permits for any crossings and encroachments and gather all information necessary to secure required permits from TxDOT. Engineer shall meet with TOOT to discuss review comments. 12 EXHIBIT A, ADDITIONAL SERVICES NORTHWEST LOOP 289 INTERCEPTOR ENGINEERING DESIGN 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. Perform site visits. 2. Evaluate additional pipeline routes. 3. Perform additional video inspection. 4. Provide pipeline cleaning and/or obstruction removal for any pipe segment not accessible to remote camera on a first pass. 5. Perform additional subsurface excavation in the event such excavation is required to locate existing facilities. 6. Prepare legal descriptions and plats. 7. Provide land acquisition services, including appraisals and attend condemnation hearings. 8. Perform temporary flow monitoring required to evaluate flows. 9. Observe on -site conditions to evaluate exposed conditions, dewatering techniques, or changed conditions. 10. Provide additional borings which may be occasioned by the depth to rock being deeper than anticipated or because of changes in geological conditions which necessitate additional evaluation to properly define the stratigraphic conditions. 11. Provide borings through rock strata. 12. Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USACE). 13. Preparation of a Jurisdictional Determination (JD) Report or a request for a USACEJD. 13 14. Prepare a presence/absence survey for federally listed threatened/endangered species. 15. Conducting cultural resources studies or archeological surveys. 16. Phase 1/11 Environmental Site Assessments. 17. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). 18. Assist the Owner in procurement of state or federal funding. 19. 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. 20. 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 the Contractor. 21. 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. 22. 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. 23. 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. 24. 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. 25. Providing value engineering studies or reviews of cost savings proposed by others. 26. Perform geotechnical assessments to determine soil, water table, or trenching characteristics. 27. Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices. 14 EXHBIT A, RESPONSIBILITIES OF THE OWNER NORTHWEST LOOP 289 INTERCEPTOR 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. 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. 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. 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, Additional Services, if deemed necessary by Owner. Bear all costs incident to compliance with the requirements of this Exhibit A, Responsibilities. 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. X EXHIBIT B, BUDGET NORTHWEST LOOP 289 INTERCEPTOR ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of $714,026. 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, SCOPE OF SERVICES, based on ENGINEERS Fee Schedule presented as EXHIBIT B, HOURLY RATE SCHEDULE COMPENSATION. 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, BUDGET. 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 240 calendar days from the Notice to Proceed. 16 EXHIBIT B, HOURLY RATE SCHEDULE COMPENSATION NORTHWEST LOOP 289 INTERCEPTOR ENGINEERING DESIGN SERVICES Compensation to FNI Services in Exhibit A, Scope of Services, shall be computed on the basis of the following Schedule of Charges but shall not exceed Seven Hundred Fourteen Thousand Twenty -Six Dollars ($714,026). 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 RM 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 - 3 135 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 Technology Charge Bulk Printing and Reproduction $8.50 per hour B&W Color Small Format (per copy) $0.10 $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 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. 17 City of Lubbock Northwest Loop 289 Interceptor (25,000 LF) 5/15/2023 Detailed Cost Breakdown Task Description FNI Fee Sub's Fee Total I Project Management $ 45,336 $ - $ 45,336 II Preliminary Design Report (PDR) $ 120,221 $ - $ 120,221 III Condition Assessment $ 58,983 $ 208,982 $ 267,965 IV Topographic Survey $ 22,203 $ 141,360 $ 163,563 VIII Geotechnical Evaluation $ 43,335 $ 54,525 $ 97,860 IX Environmental Evaluation $ 19,081 $ - $ 19,081 rotal $ 309,159 $ 404,861 $ 714,026 18 ATTACHMENT ALIGNMENT OPTIONS iWilshire Estates L (#56 --- Existing Firm Capacity = 0.67 MGD -dw* 1z Shadow Ills Lfft Station (#55) tj —j Option 4Ah ir Option 3 Optio IM. F Option 26 30 lr.FJA- z Rig ON 19