Loading...
HomeMy WebLinkAboutResolution - 2024-R0073 - PSA Contract 17778, Freese And Nichols, Water System Electrical Improvements - 02/13/2024Resolution No. 2024-R0073 Item No. 5.19 February 13, 2024 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. 17778 water treatment electrical improvements, by and between the City of Lubbock and Freese Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in resolution as if fully set forth herein and shall be included in the minutes of the City Council. APPROVED AS TO CONTENT: �� � • Erik Rejino, Assistant City Manager APPROVED AS TO FORM: � elli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17778 — FNI water treatment electrical 1.9.24 Passed by the City Council on February 13, 2024 Resolution No. 2024-R0073 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17778 is entered into this 13th day of February , 2024, 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 Water Treatment Electrical Improvements, (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 365 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 $590,659, 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 andlor 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. Page 2 of 11 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VI[. 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 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 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-VI[ 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. Page 4 of 11 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 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 Exhibits A& B, attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant. Any agent and/or Sub-consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 11 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, CLA[MS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COLIRT COSTS, AND ATTORNEY'S FEES, FOR INNRY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese and Nichols, Inc. Amy Raines 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102 Telephone: 817-735-7361 Email: Amy.Raines@freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Page 6 of l l James Dean City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3254 Email: jdean@mylubbock.us D. Change of Address. Either party may change its address or nuinbers 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-confdential 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. Page 7 of 11 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 NRISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subseyuent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be constnzed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. Page 8 of 11 N. Non-Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then- current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non-Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non-Appropriation Date. O. 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 ] 0 or more full-time employees and if this Agreement has a value of at least $] 00,000 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 verifes 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 Page 9 of i l 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 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 ATT :ST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of EngineeringlCity Engineer APPROVED AS TO FORM: r K elli Leisure, Assistant City Attorney Firm Freese and Nichols, 1nc. By. G�v�. GYl Jeff Hensley Email: Jeff.Hensley@freese.com Page 11 of 11 EXHIBIT A, PART 1 SCOPE OF SERVICES FOR: ARC FLASH STUD[ES — WATER SITES ENGINEERING DESIGN SERVICES ARTICLE I PROJECT DESCRIPTION: The City of Lubbock (Owner) is proceeding with performing Arc Flash Hazard Analysis at the raw water and treated water facilities listed below. As part of the data collection phase of the studies, an electrical assessment will be conducted at each of the listed facilities. An Arc Flash Hazard Analysis will be performed at the following facilities: 1. Pump Station No.4 2. Pump Station No.8 3. Pump Station No.9 4. Pump Station No.10 5. Pump Station No.16 6. Bailey County Pump Station 7. Terminal Storage Reservoir 8. Lake Alan Henry Lake Pump Station 9. Lake Alan Henry Booster Pump Station 10. North Water Treatment Plant 11. South Water Treatment Plant BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. PROJECT MANAGEMENT Upon execution of this Agreement, FNI shall: 1. Conduct kickoff ineeting to review scope, schedule, and budget; determine any special conditions that may affect the studies; discuss administrative requirements of Owner; and to discuss and special items as part of the electrical assessment. 2. Manage efforts of internal team and sub-consultants on the Project and perform Quality Control review of all deliverables. 3. Prepare meeting agendas and minutes and attend the following meetings: a. Attend up to twelve (12) monthly project coordination meetings with Owner b. Attend up to four (4) Teams workshops for review of arc flash studies and recommended improvements as they are completed. 4. Prepare a Microsoft Project schedule and provide monthly updates including necessary revisions to bring the Project back on schedule if needed. The project schedule will not be resource loaded. 5. Prepare monthly reporting including status report, recent activities, upcoming activities, action items log, decisions made log, budget updates, schedule updates, and scope changes. Prepare monthly invoices. 6. Deliverables include the following: EXHIBIT A-1 a. Agendas and minutes for all meetings b. Project schedule updated monthly c. Monthly reporting d. Monthly invoices B. STUDY PHASE: FN[ shall provide professional services in this phase as follows: 1. Field Investigation. FNI to visit each site and with the assistance of subcontractor, ACME Electric, will open electrical equipment to obtain information such as cable sizes, circuit breaker trip settings, and starter overload settings. At locations where protective relays are installed, FNI with the assistance of subcontractor, Strategic Engineering, will download existing relay settings. 2. Prepare an Arc Flash Analysis Study at each facility. Advise Owner as to the necessity of Owner's providing or obtaining data or services from others and assist Owner in connection with any such services. Collect and review existing data, reports, mapping, and records from Owner. Review documents associated with the project. Provide analyses of Owner's requirements for the Project, including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. 3. Prepare an Arc Flash Analysis Study containing the arc flash incident energy levels at each piece of major electrical equipment. The Arch Flash Study will also include recommendations to reduce the flash energy levels that are calculated to be classified as Dangerous. 4. Furnish one (1) PDF copy of the Preliminary Arc Flash Analysis Study of each Facility. Report, present and review it with Owner. Receive and address Owner's comments and issue the fnal Study. 5. Deliverables for the Studies shall include: a. Draft copy of Preliminary Arc Flash Study for each site. A draft of the studies at the Pump Station sites will be completed within 60 days after conducting the field investigation. A draft of the studies at the Water Treatment Plant sites will be completed within 90 days after conducting the field investigation. b. Final copy of Arch Flash Study for each site. The final Study at each site will be provided 30 days after receiving comments from the Owner. 6. Once the Studies have been fnalized, FNI will install the arc flash labels on the appropriate electrical equipment at each site. 7. At the end of the Studies, FNI in conjunction with its subcontractor, Strategic Engineering, will prepare a presentation on Arc Flash to present to the City's electrical and maintenance staff. ARTICLE II SPECIAL SERVICES: Special Services to be performed by FNI include the following: A. ELECTRICAL ASSESSMENT: FN[ will provide an electrical assessment as follows: 1. Visual inspection of existing equipment noting major deficiencies. 2. Prepare Technical Memorandum on findings: FN[ will prepare a brief technical memorandum summarizing the findings at each site and include an Opinion of Probable Construction Cost for the recommended improvements. 3. Prepare bidding documents — technical plans and speci�cations to address electrical deficiencies EXHIBIT A-2 at each site. B. PUMPING ASSESSMENT: FNI will provide the following: 1. Conduct a site visit to review existing conditions at the following facilities: PS4, PS8, PS9, Bailey County PS, Lake Alan Henry Lake Pump Station, Lake Alan Henry Booster PS. a. Evaluate pump performance and physical layout to identify potential causes of existing pumps overheating. Evaluation to include review of historical operational data, review of pump curve from manufacturer, observation of pump and piping layout at the facilities, and observation of the pumps in typical operating conditions. 2. Submittals a. Develop one (1) Site Evaluation Report summarizing findings. The Evaluation Report will include evaluation of all facilities visited as part of this task. 3. Meetings and Site Visits: This task will require the following meetings and site visits: a. Meetings i. Pre-evaluation meeting (virtual). Goal of this meeting would be to facilitate communication between Engineer and City staff regarding logistics of site visits (access, day, time) and goals of site visits. ii. Post-evaluation meeting (in-person). Goal of this meeting would be for the Engineer to communicate the findings of the Site Evaluation to City staff. Site Evaluation Report will be submitted to the City prior to this meeting. b. Site Visits: i. It is anticipated that two (2) pump station facilities can be observed in one (1) work day. If six (6) facilities are to be observed, Engineer will coordinate with the City to find a three (3) day window to complete the site visits. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following milestones and per attached schedule: • Notice to Proceed (NTP) — Set by Owner after Council execution of this Agreement • Submit Preliminary Arc Flash Study — 60 days after conducting field investigation at each Pump Station Site and 90 days after conducting field investigation at each Water Treatment Plant Site. • Submit Final Arc Flash Study— 30 days after review meeting with Owner for each Site. • Install Arc Flash Labels at each Site — 30 days after submittal of Final Arc Flash Study. • Prepare bidding documents — technical plans and specifications with recommended improvements at each site — 60 days after Final Arc Flash Study has been completed. • Total Project Duration: 365 days after Notice to Proceed. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Owner or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. EXHIBIT A-3 ARTICLE IV DESIGNATED REPRESENTATIVES: FNI and Owner designate the following representatives: Owner's Designated Representative - James Dean, 1314 Avenue K, Lu6bock, Texas 79401; Phone: 806-775-3397; email jdean un,mail.ci.lubbock.tx.us FNI's Designated Representative - Amy Raines, 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102; Phone 817-735-7361; email Amv.Raines(a�freese.com FNI's Accounting Representative - Misty Ballard, 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102; Phone 817-735-7290; email Mistv.Ballardna,freese.com EXHIBIT A-4 EXHIB[T A, PART 2, ADDITIONAL SERVICES ARC FLASH STUDIES — WATER SITES ENGINEERING DESIGN SERVICES ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not included in the above described basic services, are described as follows: A. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. B. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by Owner or 2) due to other causes not solely within the control of FNI. C. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction and providing services as may be required in connection with the replacement of such Work. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. Providing services after the completion of the construction phase not specifically listed in Article II. Visits to the site in excess of the number of trips included in Article II for periodic site visits, coordination meetings, or contract completion activities. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Provide follow-up professional services during Contractor's wananty period. D. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. G. Conducting pilot plant studies or tests. H. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. I. General Project Representation during construction phase. J. Furnishing the services of a Resident Project Representative to act as Owner's on-site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on-site observations of the work in progress and feld checks of materials and EXH[BIT A-5 equipment by the Resident Project Representative and assistants, FN[ shall endeavor to provide further protection for Owner against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article I, F and Exhibit A, Part 4 Project Representation. If Owner provides personnel to support the activities of the Resident Project Representative who is FNI or FN['s agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this Agreement before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. Owner agrees that whenever FNI informs him in writing that any such personnel provided by the Owner are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. K. Furnishing Special Inspections required under chapter 17 of the [nternational Building Code. These Special [nspections are often continuous, requiring an inspector dedicated to inspection of the individual work item, and they are in addition to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. L. Furnishing Inspections and Commissioning Reports required by International Energy Efficiency Code (IECC). M. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). N. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. O. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by FN[ on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. P. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Owner. R. Preparation of Operations and Maintenance Manuals for the proposed facilities. S. Presencelabsence surveys for federally listed threatened/endangered species. T. Conducting cultural resources studies or surveys. U. Phase IIII Environmental Site Assessments. EXH[BIT A-6 EXHIBIT A, PART 3, RESPONSIBILITIES OF THE OWNER ARC FLASH STUDIES — WATER SITES ENGINEERING DESICN 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. De-energize equipment for FNI to open up electrical equipment to conduct field investigations. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project as provided in this AGREEMENT. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. EXHIB[T A-7 EXH[BIT B, PART 1— BUDGET ARC FLASH STUDIES — WATER SITES ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not-to-exceed budget of $ 590,659 to complete all services under this AGREEMENT. This amount includes basic services in the amount of $ 470,060 and additional services in the amount of $ 120,599. This amount will not be exceeded without a contract amendment. C[TY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT B, Part 2. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not-to-exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed within 365 calendar days from the Notice to Proceed. EXHIBIT B-1 EXHIBIT B, PART 2- HOURLY RATE SCHEDULE COMPENSATION ARC FLASH STUDIES - WATER SITES ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE Positian Principal / Group Manager Technical Professional- 6 Technical Professional - S 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 Corporete P�oject Support - 3 Corporate Project Support - 2 Corporate Project Support - 1 Intern/ Coop Rates for In-House Services Technolo� 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 FREESE AND NICHOLS, INC. ATfACHMENT CO Bulk Printina and Reoradudian B&W Color Small Format (per copy) $0.10 $0.25 Large Format (per sq. ft.j Bond Glossy / Mylar Vinyl / Adhesive Mounting (per sq. R.} Binding (per binding) $0.25 $0.75 $0.75 $1.25 $1.50 $2.00 52.00 $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, a�d other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-fNl employees and CAD services performed In- house by non-FNI employees where fNl provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates to be adjusted no more than 5% annually �ve2r EXHIBIT B-2