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HomeMy WebLinkAboutResolution - 2023-R0432 - PSA 17314, Freese And Nichols, Inc - 09/12/2023Resolution No. 2023-R0432 Item No. 5.25 September 12, 2023 RESOLUTION BE IT RESOLV�D BY THE CITY COUNCIL OF TH� CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17314 for the Mackenzie Park dam evaluation and restoration, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall bc included in the minutes of the City Council. Passed by the City Council on ___ ___ September_12 2023 _ _�____-- ----- TRAY PA ;, AIrOR ATT � ST: Cou ney Paz, City Secr ry APPROVED AS TO CONTENT: � •. Erik Rejino, Assistant City Manager APPROVED AS TO FORM: , _ K lli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17314 FNI Mackenzie Park dam 8.2 I .23 Resolution No. 2023-R0432 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17314 is entered into this 12th day of September , 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 Mackenzie Park Dam Evaluation and Restoration, (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 183 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 ART[CLE 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 $159,639, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City inay terminate this Agreeinent, for any reason or convenience, upon thirty (30) days written notice to the Engineer. [n the event this Agreement is so terminated, the City shall only pay the Engineer for services actually perfonned by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Tennination 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 Agreeinent, 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 perfonn this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreeinent 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 Agreeinent 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. Perfonnance. 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 perfonn 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 VIL 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, e�nployees 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 VIIL 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 fonn 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 liinitation, 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 Agreeinent, co�nmercial general liability, professional liability and autoinobile 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 Li�nit 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 pri�nary and noncontributory additional insured with respect to the Automobile Liability and Co�nmercial 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 co�nply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer inaintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Co►npensation. [n 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-consultanY'), to perform certain duties of Engineer, as set forth on Exhibit insert correct value], attached hereto, under this Agreement, provided that the City approves the retaining of Sub- consultants. The Engineer is at all ti�nes 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 K[ND, 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 SUSTA[NED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARIS[NG OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, ANDIOR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT ANDIOR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HERE[N 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. Mark Ickert, P.E. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 Telephone: 817-735-7229 Email: Mai@freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Kevin Prado, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3629 Email: Kprado@inylubbock.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 becoine 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 perfonnance of the Engineer's Services under this Agree�nent (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 nonnal 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 i l 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. Atnendment. No amendment, modification, or alteration of the tenns of this Agreement shall be binding unless such amendment, inodification, 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 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 Agree�nent beyond the Non-Appropriation Date. O. Contracts with Co�npanies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City fro�n 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 [srael. 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 ] 0 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 ] 0 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 govern�nental 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 govern�nental body for the duration of the contract; (2) promptly provide to the governinental body any contracting information related to the contract that is in the custody or possession of the entity on request of the govern�nental body; and (3) on coinpletion 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 perfonned 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 Se etary APPROVED AS TO CONTENT: / ' Michael G. Keenum, P.E., CFM, Division Director of EngineeringlCity Engineer AP ROVED AS TO FORM: . elli Leisure, Senior Assistant City Attorney Firtn FREESE AND NICHOLS, INC. By: � _._ Victor Vasquez, .E., VP�P mcipal Digital�y signed by Victor M. Vasquez V. Location: Austin, TX Victor M. Vasquez V. Cvntact Info: vmv[q�freese.com Date: 2�23.08.17 16:37:18-05'00' Page 11 of 11 EXHIBIT A- SCOPE OF SERVICES MACKENZIE PARK DAM — EVALUATION AND REHABILITATION — PHASE I Proiect Understandin�: MacKenzie Park Dam impounds water on the North Fork Double Mountain Fork of the Brazos River in Lubbock, Texas. The dam is presently not listed in the Texas Commission on Environmental Quality (TCEq) Dam Safety database. Details regarding the hydraulic design, embankment zonation, foundation conditions, and structural design are unknown. The dam is assumed to be an earthen structure that is approximately 6 feet tall and approximately 250 feet long. The dam effectively serves as a low water crossing as the roadway (Cesar Chavez Drive) located on the crest is consistently overtopped. The dam is an integral structure in flood mitigation and connecting communities with MacKenzie Park. As the City of Lubbock (CITY) continues to expand they understand the need to examine and analyze older infrastructure to ensure they are meeting the requirements and needs of the city. A. The PROIECT includes the following BASIC services: 1. Project management. 2. Topographic survey. 3. Geotechnical and geophysical investigation. 4. Preliminary assessment. B. The PROJECT does not include the following services: 1. Hydrologic and hydraulic analysis. 2. Computational fluid dynamic modeling. 3. Preliminary design (60%). 4. Final design (90% and 100%). 5. Bid phase services. 6. Construction phase services. 7. Environmental evaluation or permitting services. 1 BASIC SERVICES: TASK I — PROJECT MANAGEMENT FNI will perform Project Management Services during the project which is estimated to be six (6) months in duration. 1. Attend a virtual kickoff ineeting with CITY staff to confirm and clarify scope, review project goals and requirements, and understand CITY objectives. 2. Perform internal project setup and coordination, including project kickoff ineetings and maintaining project schedule. Kahua will be the PMIS system used for the project. 3. Provide monthly status reports and invoices with backup documentation for the duration of the project. 4. Provide Quality Control (QC) / Quality Assurance (QA) by FNI Senior Management and Technical Staff consistent with FNI's established internal quality review processes. Assumptions: 1. Six (6) month duration for Phase I. 2. One (1) kickoff ineeting with CITY staff. 3. One (1) internal kickoff ineeting with design staff. Deliverables: 1. Meeting summaries with action items. 2. Monthly invoices and monthly progress reports. TASK II — TOPOGRAPHIC SURVEY 1. Perform a topographic survey to establish the dam's existing height, length, slopes and surrounding topography. The general area of interest includes the embankment, left and right abutments, and approximately 200-feet of the downstream channel. 2. Set at least three (3) temporary benchmarks at the dam site. The temporary benchmarks will be referenced to NAD83 for horizontal control and the NAVD88 vertical datum. 3. Provide a topographic survey within an approximate 2.5 acre area of interest along the embankment and immediate vicinity of the downstream channel. The survey shall include all existing features such as utilities, valves, asphalt, tops and toes of slope, power poles, and other visible features. 4. Deliverable shall include an AutoCAD file showing all of the features located, ground elevations, including one-foot contours. 5. Provide northing, easting, and elevation of up to four (4) geotechnical borings performed by FNI as part of the geotechnical field exploration. �a Assumptions: 1. Survey up to 4 geotechnical boring locations, which may require a separate site visit. Deliverables: 1. Electronic base file in AutoCAD. TASK III — GEOTECHNICAL AND GEOPHYSICAL INVESTIGATION 1. Geotechnical Field Exploration: a. ENGINEER shall select and mark up to four (4) boring locations at the project site. Notify Texas 811 and 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 up to four (4) borings along the embankment crest and downstream toe of slope (total drilled length approximately 100 vertical feet). Subsurface samples will be collected intermittently using 3-inch diameter tubes for cohesive soils and a 2-inch diameter split-spoon sample in conjunction with the Standard Penetration Test (SPT) for intermediate and non-cohesive soils. 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. Groundwater observations within the borings will be recorded at the time of drilling and completion of drilling and sampling. d. At the completion of drilling and sampling, the borings will be backfilled with cement- bentonite grout to the ground surface at the completion of field activities. The borings drilled through the pavement (embankment crest) will be patched at the surface with similar material. e. Traffic control will be provided by the CITY and may require temporarily closing one or two lanes of traffic on Cesar Chavez Drive. Traffic control needs will be sent to the CITY for approval prior to the field work. f. 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. 3 iv v vi vii viii Crumb tests/double hydrometer Permeability tests Triaxial tests Direct shear tests Unconfined compression tests, if appropriate. 3. Geophysical Investigation and Bathymetric Survey a. Obtain the services of a subconsultant to perform geophysical explorations as follows: i. Electrical resistivity (ERT) measurement along a line running downstream of the embankment to provide a general stratigraphic profile of the foundation material. ii. Ground penetrating radar (GPR) of the embankment and downstream slope paving to identify and spatially map voids or other anomalies withing the structure. iii. Bathymetric survey of the impounded lake from the MacKenzie Park Dam upstream to the crossing of MacKenzie Park Road. This information will be utilized to determine maximum storage of the embankment with respect to TCEQ jurisdictional determination. b. Traffic control will be provided by the CITY and may require temporarily closing one or two lanes of traffic on Cesar Chavez Drive. Traffic control needs will be sent to the CITY for approval prior to the field work. 4. Reporting a. Results of the geotechnical and geophysical investigation will be included in the Preliminary Assessment Report (PAR), which shall include the following: i. 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. Geophysical report will be included as an appendix to the PAR. Assumptions: 1. CITY to provide traffic control or lane closure(s) of Cesar Chavez Drive to facilitate required access for field investigations. Deliverables: 1. Boring logs, laboratory testing (to be included in PAR). 2. Geophysical report (to be included in PAR). TASK IV — PRELIMINARY ASSESSMENT ENGINEER will prepare a Preliminary Assessment Report (PAR) that summarizes the existing condition of the embankment and evaluates up to two (2) conceptual alternatives to modify or rehabilitation the MacKenzie Park Dam. The following services will be performed: 4 1. Review all available and pertinent data pertaining to the dam. Potential sources documents to review (if available) include the following: a. Inspection reports b. Engineering analyses/reports c. Record drawings d. Geotechnical data e. Photographic and other documentation from original construction f. Existing utility, roadway, and site record drawings. 2. Visit the site to visually assess the MacKenzie Park Dam. The assessment will not be a full inspection, but will identify readily visible issues or concerns that may need to be addressed in the future. The site visit will be documented in the Preliminary Assessment Report (PAR). The following visible portions of the embankment and appurtenant structures will be observed. a. Upstream slope b. Crest c. Downstream slope d. Inlet valve and headwall e. Upstream concrete face f. Pavement g. Downstream concrete face h. Downstream valve control i. Downstream slope paving 3. Determine if the MacKenzie Park Dam is jurisdictional under the authority of the Texas Commission on Environmental Quality (TCEQ) based on the approximate measurements from the field and topographic data (see Task II). MacKenzie Park Dam is assumed to be a low hazard structure. No breach analysis will be performed. 4. Perform a geotechnical engineering analysis, which will include the following. a. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. b. Seepage and slope stability analysis for different loading conditions (end of construction, steady-state seepage, and rapid drawdown) for existing and up to two (2) conceptual alternatives. One maximum section through the dam embankment will be analyzed. Shear strength parameters for the materials encountered will be determined based on shear strength testing, soil classification testing, published correlations, and engineering judgment. c. Results of the geotechnical analysis will be documented in the PAR. 5. Develop up to two (2) conceptual alternatives to repair or modify the existing embankment. Develop plan and profile views for the two (2) conceptual alternatives, as appropriate. Develop opinions of probable construction costs (OPCC) for the two (2) conceptual alternatives. The OPCC will be developed in general accordance with the Association for Advancement of Cost Estimating (AACE) guidelines for a Class 4/5 estimate appropriate for feasibility assessment and � planning purposes. The conceptual alternatives will be summarized in the PAR. 6. Prepare a PAR to document the TCEQ jurisdictional determination, field investigation and preliminary assessment of MacKenzie Park Dam. The report will document the conditions of all visible structures and outline recommendations for any needed maintenance and repair items. The PAR will also summarize findings from the geotechnical and conceptual alternatives analysis. Any additional investigation or testing needed to further refine the conceptual alternatives will be addressed in the PAR. An electronic version (PDF) of the draft PAR will be submitted to the CITY for review. A final electronic copy (PDF) will be submitted after addressing CITY comments. Assumptions: 2. Participate in one (1) review meeting (virtual) with the CITY to go over the Draft PAR. Deliverables: 3. Draft PAR (PDF format). 4. Final PAR (PDF format). [� EXHIBIT A, ADDITIONAL SERVICES MACKENZIE PARK DAM — EVALUATION AND REHABILITATION — PHASE I 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 CITY, 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. Additional site visits beyond those listed under Basic Services. 2. Video inspection of any conduits through the embankment. 3. Additional exploratory drilling and associated laboratory testing due to soft or loose soil conditions, depth of rock, or other unexpected site conditions. 4. Hydrologic and hydraulic analyses including but not limited to PMF analysis, determination of frequency flood events, breach analysis and mapping. 5. Computational fluid dynamic modeling to analyze overtopping flows of existing or proposed structures. 6. Preliminary design services (60%). 7. Final design services (90% and 100%). 8. Bid phase services. 9. Construction phase services. 10. Environmental evaluation or permitting services. 11. Preparing data and reports for assistance to the CITY 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. 12. Assisting the CITY 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. 13. Assisting the CITY 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 7 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. 14. 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. E3 EXHBIT A, RESPONSIBILITIES OF THE CITY MACKENZIE PARK DAM — EVALUATION AND REHABILITATION — PHASE I RESPONSIBILITIES OF CITY: CITY 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 CITY'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 CITY's policies and decisions with respect to FNI's services for the Project. Provide all criteria and full information as to CITY'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 the CITY 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 PROIECT 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. Provide traffic control or lane closure(s) of Cesar Chavez Drive in support of field investigations for the Project. F. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the PROJECT and such approvals and consents from others as may be necessary for completion of the PROJECT, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H. Give prompt written notice to FNI whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Additional Services, if deemed necessary by CITY. Bear all costs incident to compliance with the requirements of this Exhibit A, Responsibilities. EXHIBIT B, BUDGET MACKENZIE PARK DAM - EVALUATION AND REHABILITATION - PHASE I CITY and ENGINEER have established a not-to-exceed budget of 159 639 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 in accordance with the proposed project schedule of six (6) months from the Notice to Proceed. 10 EXHIBIT B, HOURLY RATE SCHEDULE COMPENSATION MACKENZIE PARK DAM — EVALUATION AND REHABILITATION — PHASE I 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 One Hundred Fifty-Nine Thousand Six Hundred Thirty-Nine Dollars ($159,639). 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 CITY for CITY'S approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. LUBBOCK RATE SCHEDULE Positlon Principal / Group Manager Technical Professional - 6 Technical Professional - 5 Technical Professional - 4 Technical Professional - 3 Technical Professional - 2 Technical Professional - 1 CAD Technician/Designer • 3 CAD Technician/Designer - 2 CAD Technician/Designer - 1 Senior CAD Technician/Designer Construction Manager - 4 Construction Manager - 3 Construction Manager - 2 Construction Manager • 1 Corporate Project Support - 3 Corporate Project Support - 2 Corporate Project Support - 1 Intern/ Coop Rates for In-House Servtces Technoloev Charae $8.50 per hour Travel Standard IRS Rates Rate 342 335 270 232 194 170 140 188 141 112 232 200 151 143 112 157 141 108 73 Bulk Println¢ and Reuroductlon B&W Small Format (per copy) $0.10 Large Format (per sq. ft.) Bond Glossy / Mylar Vinyl / Adhesive Mounting (per sq. ft.) Binding (per binding) Color $0.25 $0.25 $0.75 $0.75 51.25 $1.50 $2.00 $2.00 $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 inembers. Rates to be adjusted no more than 5% annually. 11 Task I I I III IV City of Lubbock MacKenzie Park Dam - Evaluation and Rehabilitation - Phase I Detailed Cost Breakdown Description FNI Fee Sub's Fee Project Management $ 15,061 $ - Topographic Survey $ 2,963 $10,000 Geotechnical and Geophysical Investigation $ 21,023 $ 44,000 Preliminary Assessment $ 66,592 $ - Total $ 105,639 $ 54,000 Total $ 15,061 $ 12,963 $ 65,023 $ 66,592 $ 159,639 1� CERTIFICATE OF INTERESTED PARTIES FORnn 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 1 Name of business entity filing form, and the city, state and country of the business entiry's place Certificate Number: of business. 2023-1059824 Freese and Nichols, Inc. CORPUS CHRISTI, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/15/2023 being filed. City of Lubbock Date Acknowledged: g 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. 17314 Provide professional engineering services as requested for the Mackenzie Park Dam Evaluation and Restoration project. Nature ofinterest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Robert Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Greer, Alan Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Hatley, Tricia Oklahoma Ciry, OK United States X Reedy, Michael Houston, TX United States X Archer, Charles Raleigh, NC United States X Payne, Jeff Fort Worth, TX 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 Llsa Bo��s , and my date of birth is My address is 800 N. Shoreline Boulevard, Suite 1600N , Corpus Christi ,��, 78401 , USA . (street) (city) (state) (zip code) (country) I declare under penalry of perjury that the foregoing is true and correct. Executed in NueCeS County, State of Tex25 , on the 15th day of August , 20 23 (month) ;yeary Signature of authorized agent of contracting business entiry (Declarant) Forms arovided bv Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.39e6f620 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. l- 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 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1059824 Freese and Nichols, Inc. CORPUS CHRISTI, TX United States Date Filed: 2 Name of governmental entiry or state agency that is a parry to the contract for which the form is 08/15/2023 being filed. City of LubboCk Date Acknowledged: 08/25/2023 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. 17314 Provide professional engineering services as requested for the Mackenzie Park Dam Evaluation and Restoration project. Nature of interest 4 Name of Interested Party Ciry, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Robert Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Greer, Alan Fort Worth, TX United States X Johnson, Kevin Dallas, TX United States X Hatley, Tricia Oklahoma Ciry, OK United States X Reedy, Michael Houston, TX United States X Archer, Charles Raleigh, NC United States X Payne, Jeff Fort Worth, TX United States X Wolfhope, John Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalry 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 provlded by Texas Ethlcs Commisslon www.ethlcsstate.tx.us Version V3.5.1.39e6t620