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HomeMy WebLinkAboutResolution - 2024-R0158 - Contract 17969, With Freese And Nichols, Inc, Unpaved Roads Improv. Prj. - 04/09/2024Resolution No. 2024-R0158 Item No. 0158 Apri19, 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. 17969 the design of unpaved road 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. Passed by the City Council on A�ril 9, 2024 : : ' : /� ��'t�77 ATTES : Courtney Paz, City S cretary ApPROVED AS TO CONTENT: n A •t L.c/ Erik Rejino, Assistant City Manager APl'ROVED AS TO PORM: { elli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17969 PN1 unpaved roads 3.25.24 Resolution No. 2024-R0158 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17969 is entered into this 9th day of April , 2024, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc. (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the Design of Unpaved Road 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 12 months. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $204,000, as set forth in Exhibit "B" and Exhibit "C". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 11 of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub-consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployrnent insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page3of11 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter speciiied, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub- consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non-owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub-consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub-consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page4of11 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 LX. EMPLOYMENT OF AGENTS/RETAI1vING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub-consultant"), to perform certain duties of Engineer, as set forth on Exhibit A, attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant. Any agent and/or Sub-consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confdence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEM1vITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING TH� GENERALITY OF THE FOREGOING, Page 5 of 11 ALL EXPENSES OF LITIGATION, COURT 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. THF 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 pariy 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. David A. Green 1500 Broadway Street Suite 206 Lubbock, Texas 79401 Telephone: 806-686-2716 Email: david.green@freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Joe Schaunaman City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2173 Email: j schaunaman@mylubbock.us Page6of11 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY-PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non-confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). 1'he Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Constntction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCOR.DANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGR.EEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IItREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT Page 7 of 11 JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF A�.L LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "C" 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 ternunate the Agreement, without termination charge or other liability, on the last day of the then- current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non-Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on Page 8 of 11 thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non-Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention Page 9 of 11 requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: City Department Head , C, �.L7 �,�� � � APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney Firm Freese and Nichols, Inc. By: �� ��.�, Nicholas Lester, Vice President/Principal Email: ncl�u,freese.com Page 11 of 11 EXHIgIT A SCOPE OF SERVICES FOR: UNPAVED ROADS IMPROVEMENTS PROJECT GENERAL: The City of Lubbock (OWNER) is working on an initiative to pave all existing unpaved roads in the City of Lubbock and is requesting assistance from Freese and Nichols, Inc. (ENGINEER) to complete design tasks in pursuit of this initiative. Specific project locations (listed below) and needs are to be identified for each project assignment and bid sets will be combined, at the City's discretion and according to the City's funding schedule. •Newcomb Avenue from Avenue E to Mesa Road •Mesa Road from Owens Street to Kent Street •Vanda Avenue from E 46`h Street to E 50th Street •E 47th Street from Vanda Avenue to South East Drive •Ivory Avenue from E 54`h Street to alley before E 58th Street BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and reports, preparation of detailed design as set forth herein, construction documents, and construction bid and award services. ENGINEER shall render the following professional services in connection with the development of the Project: A. GENERAL SCOPE OF SERVICES TASKS: ENGINEER will provide the following as part of the Project: 1. Attend a kick-off meeting to clarify the City's requirements for each assignment, review pertinent data, review Project staffing and organization, and present the initial work plan and schedule. 2. Provide administration and management of The Project. Review ongoing activities. Monitor schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the OWNER as they are noted. Attend monthly coordination meetings with the OWNER. Prepare and distribute minutes of the meetings. All meetings provided for in this Agreement shall occur at the offices of the OWNER, or other location determined by the OWNER. 3. Provide monthly update reports which include the following: •Status of the work •Major tasks to be completed in the next month Page 1 of 9 • Discussion of major issues •Scope changes to project scope or Engineer's scope •Project budget update (if major changes since the last update) • Project schedule update (if major changes since the last update) •Status of deliverables B. DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. Prepare plans, specifications, contract documents, designs, and layouts of improvements to be constructed for the execution of the Unpaved Roadway Improvements initiative. 2. Advise OWNER of need for and recommend Right Of Way and Easements. 3. Furnish necessary information to utility companies whose facilities may be affected by the Project. Coordinate the locating and potential relocation with utility companies. 4. Provide appropriate analysis of drainage conditions to show no adverse impacts and to meet City requirements for each assignment. 5. Preliminary (60%) Deliverable - Furnish OWNER electronic copies of preliminary plans, specifications, and estimates marked "Preliminary" for approval by OWNER. Submitted documents will include typical sections, plan and profile sheets, and typical details. The drawings will be sufficient to show the overall layouts and design intent but will lack many notes and minor details. The specifications will include a list of planned City or TxDOT bid items. 6. After OWNER'S review, ENGINEER will meet with OWNER to discuss review comments. 7. 100% Deliverable - Furnish OWNER electronic copies of preliminary (100%) plans, specifications, and bid proposals marked "Preliminary" for approval by OWNER. ENGINEER will meet with the OWNER to present the preliminary plans and specifications. After OWNER'S review, ENGINEER will meet with OWNER to receive comments. Upon final approval by OWNER, ENGINEER will complete the plans and specifications and provide OWNER six (6) sets of copies of "Final" plans and specifications. 100% Deliverable documents will include all drawing sheets and specifications with some minor corrections and notes remaining. 8. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed for the Unpaved Roadway Improvements project. Page 2 of 9 C. CERTIFICATE OF NO-RISE: A segment of Mesa Rd currently crosses over a FEMA-designated Zone AE with defined regulatory floodway. Therefore, the proposed paving improvements along this segment will require the preparation and submittal of a No-Rise Certification to the City of Lubbock. This effort includes the following tasks: 1. Convert the effective FEMA model for this area from HEC-2 to HEC-RAS. 2. Prepare Duplicate Effective model - duplicate the results of the effective model. 3. Prepare Corrected Effective model - make any corrections to the effective model, such as technical errors in the effective modeling or the inclusion of any floodplain changes that occurred prior to the date of the effective model. 4. Prepare Existing Conditions model - reflect any modifications that have occurred within the floodplain since the date of the effective model but prior to the proposed improvements. 5. Prepare Proposed Conditions model - reflect the proposed conditions. 6. Conduct hydraulic simulations for the 100-year storm event, including floodway analysis. Hydrologic inputs will be adopted from the effective model, no hydrologic analysis updates are included in this scope of work. 7. Prepare No-Rise Certification and supporting Technical Memorandum. 8. This scope of work assumes that a revision of floodway boundaries will not be required. If the proposed improvements require a change in the FEMA-designated floodway boundaries, FNI can prepare a floodway revision request as an additional service. D. BID AND AWARD PHASE: Upon completion of the design services and approval of "Final" drawings and specifications by Owner, FNI will proceed with the performance of services in this phase as follows upon request from the City: 1. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. 2. Attend one (1) pre-bid conference. 3. Issue Addenda as appropriate to clarify, correct, or change the bidding documents. 4. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contract as appropriate. Page 3 of 9 SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. SURVEYING: The City of Lubbock has collected survey for the portions of Newcomb Avenue, Mesa Road, Vanda Avenue, and E 47`h Street included in the project. FNI will retain and monitor and direct, through a subcontract, the efforts of a survey firm to provide the following services for 54th & Ivory and where additional topographic and/or boundary survey are needed to prepare design documents for the remaining four projects, up to the allocated effort: 1. Topographic Survey 2. Establish project control. 3. Research property owners, plats, deeds, easements and ROW. 4. Locate existing property corners to establish property and ROW. 5. Request 811 utility marking and incorporate markings into survey deliverable. 6. Prepare exhibits and legal descriptions for right-of-way/easement acquisitions. TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this AGREEMENT and agrees to complete the services within eighteen (18) months. 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. In the event FNI asserts that it is entitled to additional time, it shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to relief from schedule as provided in this AGREEMENT. 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, except any delays occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result in an adjustment to compensation. Page 4 of 9 PART 2, ADDITIONAL SERVICES UNPAVED ROADS IMPROVEMENTS PROJECT ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not included in the above described General Services, Basic Services, and Special Services, are, except as may otherwise provided to be performed by FNI, described as follows: A. Subsurface Utility Engineering (SUE). B. Geotechnical Engineering (field work or pavement design). C. Right-of-Way acquisition services beyond the preparation of instruments as described in SPECIAL SERVICES. � 0. Any drainage modeling or analysis in the case where adverse impacts exist in the proposed condition. E. FEMA Coordination or making modifications to the Certificate of No Rise as a result of FEMA comments. F. Formal City of Lubbock submittals for Drainage Analysis Reports (DARs) or Playa Lake Cut/Fill Plans. G. Additional survey to supplement data collected by the City that exceeds the allocated fee amount. H. Field layouts or the furnishing of construction line and grade surveys. I. Providing services to investigate existing conditions or facilities, o� to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by Owner. J. 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. K. 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. L. 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). M. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This Page 5 of 9 provision shall not apply to any expense related to a legal action to which FNI is a party. N. 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. O. Services required to resolve bid protests or to rebid the projects for any reason other than fault of any type or degree of FNI. P. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or Special Services for periodic site visits, coordination meetings, or contract completion activities. 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. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form, except as noted in the scope of services. S. Provide any services after the satisfactory conclusion and completion of the General Services, Basic Services, and Special Services of the Project. T. Preparation of a Pre-Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USACE). U. Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE 1D. V. Presence/absence surveys for federally listed threatened/endangered species. W. Conducting cultural resources studies or surveys. X. Phase I Environmental Site Assessment. Y. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). Z. Other environmental permitting assistance or services not specifically described under BASIC SERVICES of this scope. AA. Environmental assessment & THC coordination BB. General and/or Resident Representation during construction. Page 6 of 9 PART 3, RESPONSIBILITIES OF THE OWNER UNPAVED ROADS IMPROVEMENTS PROJECT RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: • any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are incurred due to the negligence of the construction contractor Wherever used in this document, the term Engineer includes Engineers officers, directors, partners, employees, agents, and Engineers Consultants. 8. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project as provided in this AGREEMENT. �, 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. Page 7 of 9 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. t�. Give prompt written notice to FNI whenever Owner observes or othen�vise 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. J. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. K. Provide the following services, unless provided specifically otherwise in this Agreement: a. Provide land acquisition services. b. Pay all permits fees and mitigation cost. c. Provide land title research and title policy. d. Provide advertisement for bids in local publications as required. Page 8 of 9 EXHIBIT B — BUDGE7 UNPAVED ROADWAY IMPROVEMENTS CITY and ENGINEER have established a not-to-exceed budget of 204 000 to complete services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. 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. Page 9 of 9 FREESE ANb NICHOLS, INC. ATTACHMENT CO Exhibit C Position 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 Services Technolosv Char�e $8.50 per hour Travel Standard IRS Rates LUBBOCK RATE SCHEDULE Bulk Printins and Reproduction Small Format (per copy) Large Format (per sq. ft.) Bond Glossy / Mylar Vinyl / Adhesive Mounting (per sq. ft.) Binding (per binding) Rate 342 335 270 232 194 170 140 188 141 112 232 200 151 143 112 157 141 108 73 B&W Color $0.10 $0.25 $0.25 $0.75 $0.75 $1.25 $1.50 $2.00 $2.00 $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, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In- house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Rates to be adjusted no more than 5% annually LU822 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 lofl Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. i, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entiry filing form, and the ciry, state and country of the business entity's place Certificate Number: of business. 2024-1136206 Freese and Nichols, Inc. Fort Worth, 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 03/19/2024 being filed. City of Lubbock Date Acknowledged: 04/03/2024 3 Provide the identification number used by the governmental entiry or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17969 Unpaved Roads Improvements Project Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Greer, Alan Fort Worth, TX United States X Hatley, Tricia Oklahoma Ciry, OK United States X Johnson, Kevin Dallas, TX United States X Payne, Jeff Fort Worth, TX United States X Reedy, Mike Houston, TX United States X Wolfhope, John Austin, TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under 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 provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35d027 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. l, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the ciry, state and country of the business entity's place Certificate Number: of business. 2024-1136206 Freese and Nichols, Inc. Fort Worth, TX United States oate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/19/2024 being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17969 Unpaved Roads Improvements Project Nature of interest 4 Name of Interested Pa Ci State, Count lace of business check a licable ►tY tY� �Y (P ) ( PP 1 Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Greer, Alan Fort Worth, TX United States X Hatley, Tricia Oklahoma Ciry, OK United States X Johnson, Kevin Dallas, TX United States X Payne, Jeff Fort Worth, TX United States X Reedy, Mike Houston, 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 Pam Fordtran , and my date of birth is My address is 800 N. Shoreline, Suite 1600N Corpus Christi TX 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 Texas , on the 19th day of March 20 24 (month) (year) �� �a�� Signature of authorized agent of contracting business entity (Declarant) Forms providetl by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35tlOZ7