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HomeMy WebLinkAboutResolution - 2020-R0153 - Freese and Nichols, Inc. Contract 15282Resolution No. 2020-RO153 Item No. 6.11 May 12.2020 RESOLUTION BE ITRESOLVED SOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Contract No. 15282 for Downtown Sanitary Sewer Improvements - Phase I and 11 engineering design services, by and betwce n the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 12, 2020 DANIl:L M ATTEST: Reb ca Garza, City Secret: -% APPROVED AS TO CONTENT: Michael G. Keenum, P.E. CFM, Division Director of Engineering/City Engineer APPROVED AS TO DORM: l � '11) -- li ur , 5sistan� y 1,4r2 ita ey ccdocs/RCS.PSA-No. 15282 Vreesc and Nichols, Inc, April 14. 2020 POPE, MAYOR Resolution No. 2020-RO153 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS§ COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15232 is entered into this 12thday of May , 2020, 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 Downtown Sewer Improvements Phase I and 11, (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 1. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of -L& 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 10 ARTICLE 11. 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 $144,813, as set forth in Exhibit "B". ARTICLE IIL 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 tern 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 othmvise, 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 10 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 parry 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'W', attached hereto and made a part hereof. ARTICLE VIL INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, wilt 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 10 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the stale 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 day's 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 Page 4 of 10 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 Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement, The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 10 ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XIL 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 XHL NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese and Nichols, Inc Nicholas Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Telephone: 817-735-7393 Facsimile: 817-735-7491 Page 6 of 10 C. City's Address. The City's address and numbers for the purposes of notice are: Josh Kristinek, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-3397 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 famish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data'). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit, The Engineer shall provide access to its corporate books and records to the City. The City may audit, at. its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. Page 7 of 10 F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. 1. 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 ajoint 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 parry 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. Page 8 of 10 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. 0. SB 252. SB 252 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 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. 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 1, 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 govemmental 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. REMAINDER OF PACE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe a Garza, City Sell a APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer t k, P.E., Assistant City apical Projects and Design APPROVED AS TO FORM: K ,?1Lek§6F97s t rty Attorney DANIEL M. POPE, MAYOR Firm Freese and Nichols, Inc. By: f�� Nicholas Lester, RE Vice President/Principal Page 10 of 10 EXHIBIT A SCOPE OF SERVICES FOR: DOWNTOWN SANITARY SEWER IMPROVEMENTS - PHASE I AND II ENGINEERING DESIGN SERVICES General: The City of Lubbock (The Owner) is experiencing a period of growth throughout the City and surrounding areas. In order to respond to this growth, infrastructure improvements are required to meet the increasing population and non-residential development. The development of this sanitary sewer line (The Project) is to upsize existing infrastructure in response to existing and upcoming re -development in downtown Lubbock. The Wastewater Master Plan and associated modeling identified the need to upsize the existing 15/18/21-inch sewer lines, located in Avenue M and 14t' Street, to a 21- and 30-inch line to convey flows from downtown ultimately to the Southeast Water Reclamation Plant. To address these new flows, the Project's primary objectives consist of the following: A. The Project includes the following services: 1. Prepare Preliminary Design Report (POR) - Identifying and analyzing three alternate routes, in addition to the baseline route identified in the Owner's Wastewater Master Plan (refer to attached preliminary map). Included in the FOR will be the determination of rehabilitation methods for portions of the existing sewer lines for the alternate routes. 2. Condition Assessment - Pending selection and approval by the Owner for one of the three alternate routes, a condition assessment of the manholes (22) and pipelines (maximum 6000 LF) will be performed. The purpose of this condition assessment will be to identify if rehabilitation is required, and If so, to select the method conducive to its condition. B. The Project does not include the following services, but will include them in a subsequent amendment: 1. Topographical Survey — Once a route has been selected, topographical survey will be performed (approximately 8500 LF). If a route is selected other than the baseline route, survey will be performed for the rehabilitation of the existing 15- and 18-inch sewer pipeline in Avenue M and 14" Street (maximum 6000 LF). 2. SUE Level B will be performed for the same alignments and up to 10 Level A potholes. Up to eight (8) legal descriptions will be prepared for new sewer easements including temporary construction easements. 3. Geotechnical Investigation - The proposed geotechnical scope of work for the project will consist of field exploration, laboratory testing, engineering analysis, and reporting. 15 exploratory borings, spaced no greater than 1,000 feet apart, will be performed with all borings drilled to a minimum depth of 25 feet below existing grade. 4. Environmental Evaluation and Permitting — The proposed environmental evaluation consist of a pedestrian survey, coordination with the Texas Historical Commission, and the preparation FNI Professional Agreement Page 1 of 19 of an environmental permitting memorandum. Permitting includes assisting the City in obtaining permits from various agencies. S. Prepare two sets of Contract Documents —The Project will be designed for two sets of contract documents. The first for the new interceptor and the second for the rehabilitation of the existing sewer lines (if needed). The Contract Documents will be structured based on the Competitive Sealed Proposal (CSP) method of Contractor selection. Included in the Contract Documents for the new interceptor will include the design of a Diversion Structure, which will be capable of transferring the required flows to the new interceptor and to allow required flows to remain in the existing sewer lines. 6. Construction Advertisement — Both projects will be advertised and awarded simultaneously. Pre -proposal meetings for both projects will be held on the same day. Receipt of both proposals from Contractors will also be held on the same day. 7. Disposal fees for waste material collected by the Contractor during the Condition Assessment of the existing pipelines. It is understood that the Owner will provide, free of charge, a location for the Engineer's sub -consultant to dispose of waste material. 8. It is assumed that the geotechnical borings will not encounter a rock stratum. Therefore, the testing for such material is not included in the scope. 9. General Representation is not included in the scope. 10. Resident Project Representation (RPR) is not included in the scope. 11. Temporary flow monitoring will not be provided. Design flows will be based on the Owner's current Wastewater Master Plan. 12. Land acquisition services are not included in the scope but can be added as an amendment to the contract. 13. The preparation of a Pre -Construction Notification, individual Section 404 permit application to the USAGE, performing a survey for federally listed threatened or endangered species, providing a cultural resource survey, or preparation of a Phase 1/II environmental site assessment, is not included in the scope. 14. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). Basic Services (Tasks I — Ill and Special Services (Tasks IM A. TASK I— PRELIMINARY DESIGN REPORT(30% CONCEPTUAL DESIGN) AND PROJECT START-UP (1) Project Start-up: (a) Plan and participate in a PROJECT start-up meeting with the Owner to confirm FNI Professional Agreement Page 2 of 19 PROJECT scope, personnel, lines of communication, budget, and schedule; (b) Prepare meeting summary (meeting minutes) of the PROJECT start-up meeting and distribute to participants; (c) Review existing materials and reports, including those obtained from the Owner, and perform field investigations to establish the final interceptor alignment. The data reviewed will be used in the development of the PROJECT documents and will include, but not be limited to, the following: • Latest system Infiltration/Inflow Assessment; • Available wastewater flow data; • Existing pipeline numbering system and geographic information system (GIS) mapping; • Property ownership and tax plat information; • Existing wastewater closed-circuit television (CCTV) and inspection data, field logs, work order history, and reports; and • Existing utility, roadway, and site record drawings; (d) Engineer will define the average and maximum flow conditions based on existing hydraulic modeling as provided in the latest Wastewater Master Plan; (2) Preliminary Design Report (30%o Conceptual Design): Engineer will provide a preliminary design report that evaluates up to three (3) options in addition to the baseline route established in the Owners Wastewater Master Plan, to accommodate the needed hydraulic improvements to this segment. These options include the following alternatives: (a) Evaluate constructing a new interceptor along alternate routes to Avenue M and 14ih Street; (b) Evaluate pipeline rehabilitation methods for the existing 15-, 18- and 21-Inch pipelines, which may include traditional cured -in -place pipe (CIPP), sliplining, pipe bursting, and multiple point repairs. Assess the structural viability of each rehabilitation option based upon previous condition assessment study and existing known soil conditions. Rehabilitation evaluation is not required if the selected alternate is the baseline route; (c) Participate in one workshop with the Owner to discuss the various alternative options for this PROJECT and probable environmental impacts in the area; FNI Professional Agreement Page 3 of 19 (d) Prepare exhibits showing the PROJECT and related Interceptors and appurtenances. Each proposed alternative option will be shown on a separate exhibit, to be used during planning and presentations; (e) Determine the pipeline configuration needed to transport the projected flows; (f) Review the alignment of the existing pipeline and/or other applicable pipeline improvement(s) in areas to be paralleled and pertinent information regarding land boundaries and ownership in the potentially affected areas; (g) Develop preliminary pipeline profiles for alternative options. At a minimum the profiles shall be developed based on topographic information obtained from United States Geological Survey topographic maps along the proposed pipeline routes. The profiles will be reviewed with the Owner and the alternatives compared to determine advantages and disadvantages of the proposed alternatives based on the profile characteristics. Investigation of subsurface features (e.g., other utilities, pipelines, and structures) may be required in developing the profiles; (h) Desktop Environmental Evaluation — Engineer will perform a desktop environmental evaluation of three alternate routes to affect our opinion on the potential environmental permits and regulations that may apply to each of the four routes. The desktop evaluation will include consideration of natural resources, cultural resources, and hazardous materials through the identification of potential waters of the U.S., known areas of contamination, environmentally sensitive areas (e.g., threatened and endangered species, parks, mitigation areas, government property), and known cultural resources in or abutting the alternate routes. Results of the desktop environmental review will be summarized in the Preliminary Design Report; (i) Prepare up to four (4) preliminary OPCCs (three for alternate routes and one for the baseline route) for the proposed improvements. Estimate of land costs will utilize information furnished by the Owner; (j) Furnish preliminary alignment(s) to the Owner and assist the Owner in identification of the number and location of land parcels affected by the proposed pipeline alignment(s); (k) Submit one advance copy of the Draft PDR, cost opinion, and associated drawings to the Owner for review; (1) Prepare and participate in one Draft PDR workshop, to be scheduled during one of the progress meetings. The objective of the workshop is to present and discuss the findings of the evaluation including information gained from the Environmental desktop study; FNI Professional Agreement Page 4 of 19 (m) Incorporate comments from the Owner and submit two (2) hard copies and one electronic copy (on CD in bookmarked, searchable PDF format) of a draft FOR, cost opinion and associated drawings, and submit two (2) hard copies and one electronic copy (on CD in bookmarked, searchable PDF format) of the final PDR to the Owner; and (n) Participate in one Final PDR implementation workshop that discusses the project recommendations and implementation. Workshop to be scheduled during one of the progress meetings. TASK II — PROJECT MANAGEMENT AND QUALITY ASSURANCE ENGINEER shall manage professional services to complete the PROJECT. These services will include preparation of PROJECT controls including progress reports, action items log, decision log, design team meetings, technical review committee workshops, schedule and cash flow projections, and invoicing. ENGINEER shall provide professional services in this Task as follows: (1) Prepare a PROJECT planning document to define PROJECT team, lines of communications, deliverables, schedule, and budgeting for internal use in executing the PROJECT on schedule and within budget and establishing the contents of the PROJECT start-up meeting; (2) Schedule and direct regular coordination meetings with the Engineer's design team to coordinate PROJECT task assignments, action items, and to prepare for meetings with the Owner. Engineer will maintain an Action Item Log and Decision Log to monitor PROJECT activity. Coordinate with subconsultants to confirm all PROJECT elements are compatible, integrated, and meet Owner performance requirements. Engineer's Project Manager shall be the primary client contact and lead communicator to Engineers staff; (3) Schedule and conduct up to a combined total of 2 progress meetings, quality review workshops, site meetings, and task -specific meetings with the Owner. In addition to reviewing progress at each meeting, review PROJECT deliverable status, current schedule, outstanding action items, PROJECT bottlenecks that could impact schedule, PROJECT budget status, decisions made, and PROJECT enhancements requested. Prepare agenda and meeting materials, direct and document meetings to review progress, and facilitate the exchange of ideas and information. Prepare draft meeting minutes to include action lists, decision lists, and PROJECT enhancement lists within seven (7) business days to submit to the Owner for review and approval. Final minutes will be issued within four (4) business days of receipt of review comments, or immediately after four (4) days If there are no comments received; (4) Prepare monthly Project Summary Reports and submit with monthly invoice. The report shall contain the following elements: FNI Professional Agreement Page 5 of 19 (a) Summary of work completed to date; (b) PROJECT budget summary; (c) PROJECT schedule; (d) Summary of actions and decisions needed from the Owner; and (e) Upcoming PROJECT activities; (5) Quality Assurance / Quality Control (QA/QC): provide QA/QC plan to the Owner and conduct QA/QC reviews of the deliverables. C. TASK III— CONDITION ASSESSMENT (1) Manhole Inspection: (a) Locate and perform the inspection of 22 manholes on the existing 15-inch sewer pipeline in Avenue M and the 18- and 21-inch sewer pipeline in 141h Street, in accordance with National Association of Sewer Service Companies (NASSCO) Manhole Assessment and Certification Program (MACP). Visual inspection will be performed at all manholes except where conditions do not allow. These conditions include pipes flowing more than half full, dangerous gas conditions, and offset manholes; (b) Owner shall only provide assistance to Engineer in locating unmarked manholes; (c) Analyze existing manhole inspection data to determine the need and prioritize line segments that may require further assessment; (d) Analyze data and make recommendations for rehabilitation/replacement; (e) Photos and video clips of the defects and observations will be provided in digital format on CD, as needed; (f) Data shall be recorded on field forms consistent with NASSCO standards. The data will be provided to the Owner at the close of the PROJECT; and (g) Participate in one combined workshop with the Owner to discuss the PROJECT findings. (2) Pipeline Inspection: (a) Obtain from the Owner existing plans, reports, studies, records, and system FNI Professional Agreement Page 6 of 19 inspection reports for the 15-, 18- and 21-inch interceptors, points of entry records, corrosion analysis data including defects list, and field condition data from the Owner, concerning interceptor segment; (b) Review existing PROJECT flow data and previous general condition assessment reports, including defects list and field condition assessments for a maximum of 6,000 LF of the existing 15-, 18- and 21-inch interceptors located within Avenue M and 10 Street; (c) Attend one (1) site visit to evaluate the condition of the existing interceptor and its manholes, points of entry locations, and any structures that are relevant to this PROJECT. Engineer will determine the extent of the inspection based on limitations of the robotic equipment or field conditions; (d) Conduct a diagnostic evaluation utilizing certified NASSCO technicians and CCTV inspection of the existing interceptor. The actual inspection techniques utilized for each segment will be based on data obtained during the manhole/visual inspection task. This diagnostic evaluation will comprise of depth of flow in pipe, identification of pipeline corrosion and debris, and high -resolution video imaging of problem areas in the pipeline; (e) The method utilized shall include a pan/Silt/zoom camera mounted on a transporter specifically designed for a 15-, 18- and 21-inch pipe. A fully trained and certified CCTV technician will enter all observations, defects and all information related to the condition or state of the pipe into specifically designed CCTV software per NASSCO standards. The software shall produce information in a format that can be printed or delivered in PDF format. The electronic data and the MPEG/AVI videos will be exported and placed on an external thumb drive for further evaluation; (f) Light cleaning of the pipeline is anticipated for the majority of the pipeline, which consists of three (3) passes of an 80 gpm Vactor style Jet -Vac. Additional passes to facilitate the CCTV inspection may be required, which shall consist of additional passes. It is assumed that one-third of the pipeline will require additional passes; (g) Coordinate a plan and schedule with the Owner in accessing the interceptor and manholes for inspection; (h) Review the data collected during the pipeline assessment tasks to assess the overall condition of the interceptor. Engineer will participate in one combined workshop with the Owner to discuss findings; (i) Submit two (2) hard copies and one (1) electronic copy (on CD in bookmarked, searchable PDF format) of a draft condition assessment report. After review and incorporating the Owner's comments, Engineer will provide same of the final FNI Professional Agreement Page 7 of 19 report to the Owner; 0) Debris collected during the pipe cleaning shall be delivered to an Owner - approved facility. Any fees and/or charges for using said facilities shall be at no cost to the Engineer; (k) Heavy cleaning of the interceptor is not anticipated and is not part of these basic services. If debris or silt is found in the line that prevents inspection, heavy cleaning may be considered as an ADDITIONAL SERVICE; and (1) Traffic control will be provided along residential and business streets. Basic residential traffic control (20 mph or less) shall be comprised of up to ten 18-inch safety cones. Residential or business streets exceeding 25 mph shall be comprised of up to twenty 18-inch safety cones and two advanced warning traffic signs. TxDOT or "heavy' traffic control shall be comprised of the requirements of any TxDOT permit and may include in excess of twenty 18-inch safety cones, advanced warning traffic signs, an arrow board or flagmen, a crash cushion, crash attenuator truck and possibly a Certified Traffic Control Plan sealed by a licensed Engineer in the State of Texas. Compliance with TxDOT requirements is not anticipated for this Project. FNI Professional Agreement Page 8 of 19 Figure I Alternate and Baseline Routes POPOBED BUDDY HOLLY Y tN` ' "+PLC \ CITY OF LUBBOCK OF PEPFOI+MING _ ASTS. SCIENCES 'y 4 x'ASp; VFR SISTEM a .��1f11 )\P +ITAL INPR VEAIEITS PIAi I'1 O1 IS IFCT AND SED CIVIC / / OENTEn MOTEL I Iff.F\1 +'��w•a IMPS ` • � �. L Y r • J I � N- W � mi r n^ISDLmATES fLvubQo k f�n"Ioo°s NWY&RAIL ,�SSING TO ONE LOCATION [lull N'. n PROPOSED b,F "r POLICE FI EAOOUAaTEnS ' y� ROPE PT nOPERTV a oo 25CALEINmil.lT F Ly : :'✓ FNI Professional Agreement Page 9 of 19 EXHBIT A, PART 2, ADDITIONAL SERVICES DOWNTOWN SANITARY SEWER IMPROVEMENTS - PHASEIAND II ENGINEERING DESIGN SERVICES Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be added to the Engineer's responsibilities by mutual agreement and written authorization include, but are not necessarily limited to, the following: (1) Topographic survey, sub -surface utility engineering (SUE), and legal description of plat preparation; (2) Geotechnical investigation; (3) Environmental evaluation and permitting; (4) Detailed design; (5) Construction advertisement; (6) Perform additional site visits; (7) Evaluate additional pipeline routes in addition to the amount specified; (8) Perform additional video inspection and/or pipeline cleaning; (9) Perform additional subsurface excavation in the event such excavation is required to locate existing facilities; (10) Prepare legal descriptions and plats; (11) Provide land acquisition services, including appraisals and attend condemnation hearings; (12) Furnish construction plans and specifications in excess of those specified; (13) Complete redrawing of construction plan sheets, if required as a result of changes made in the scope of the construction contract after route has been selected and approved by Owner; (14) Perform temporary flow monitoring required to evaluate flows; (15) Observe on -site conditions to evaluate exposed conditions, dewatering techniques, or changed conditions; (16) Provide additional half-size and full-size final plan sets and specifications for the PROJECT in excess of the number specified; FNI Professional Agreement Page 10 of 19 (17) Provide additional borings which may be occasioned by the depth to rock being deeper than anticipated or because of changes in geological conditions which necessitate additional evaluation to properly define the stratigraphic conditions; (18) Provide borings through rock strata; (19) Preparation of a Pre -Construction Notification or an Individual Section 404 permit application for submittal to the U.S. Army Corps of Engineers (USACE); (20) Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD; (21) Presence/absence surveys forfederally listed threatened/endangered species; (22) Conducting cultural resources studies or surveys; (23) Phase 1/11 Environmental Site Assessments; (24) Preparation of a Storm Water Pollution Prevention Plan (SWPPP); (25) Assist the City in procurement of state or federal funding; and (26) Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices. (27) General and/or Resident Representation during construction. FNI Professional Agreement Page 11 of 19 E%HBIT A, PART 3, RESPONSIBILITIES OF THE OWNER DOWNTOWN SANITARY SEWER IMPROVEMENTS - PHASE I AND II ENGINEERING DESIGN SERVICES RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the services of FNI: A. 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 Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as Owners 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. FNI Professional Agreement Page 12 of 19 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. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed necessary by Owner. I. 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 forbids in local publications as required. FNI Professional Agreement Page 13 of 19 EXHIBIT B - BUDGET DOWNTOWN SANITARY SEWER IMPROVEMENTS - PHASE I AND II ENGINEERING DESIGN SERVICES CITY and ENGINEER have established a not -to -exceed budget of $144,813 to complete all services under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT 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. The budget assumes that all work will be completed within 360 calendar days from the Notice to Proceed. FNI Professional Agreement Page 14 of 19 EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION DOWNTOWN SANITARY SEWER IMPROVEMENTS - PHASE I AND II ENGINEERING DESIGN SERVICES LUBBOCK RATE SCHEDULE COMPENSATION Compensation to FNI for gasle Services in Attachment SC shall be computed on the basis of the fallowing Schedule of Charges, but shall not exceed Eighty Two Thousand Nine Hundred Eighty Nine Dollars ($02005). Compensation to FNI for Special Services In Attachment SC shall be computed on the basis of the following Schedule of Charges, but shall not exceed Sixty One Thousand Eight Hundred Twenty Four Dollars($61,82A). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services In Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding, Additional Services shall be computed based on the following Schedule of Charges. Position BMW Principal/Group Manager 3D5 Technical Professional-6 293 Technical Professional-5 2M Technical Professional - A 2% Technical Professional-3 173 Technical Professional-2 152 Technical Prmlessm ml-1 115 CAD Technician/Oeslgner-3 168 CAD Technician/Designer-2 126 CAD Technician/Designer-1 am Senior CAD Technician/Designer 202 Construction Manager 165 Construction Manager 135 Construction Manager-2 128 Construction Manager-1 300 Corporate Project Support-3 140 Corporate Project Support-2 125 Corporate Project Support-1 % Intern/Coop 65 Rates for in -House Services Technoloav Charge Bulk Priming and Reproduction S&5Operhou1 0&4r Color Small Format fear copy) Saw $0.25 Travel large Format (per em. R.) Standard IRS Rate, Bond $On SOJS Glossy/ Molar $0,75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting(poreq, R.) $2.00 Eluding (For Nmirg) SOZ OTHER DIRER 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 servims performed In-house by non'FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost limes a multiplier of 2.O 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 FNI Professional Agreement Page 15 of 19 City of Lubbock Downtown Sanitary Sewer Improvements -Phase I and II Scope - Engineering Design Services 4/8/2020 Fee Breakdown Description FNI Fee Sub's Fee Total Preliminary OesigntRouleStudy $ 82,989 - 82,989 Existing Pipeline Condition Assessment $ 8,095 $ 53,730 $ 61,824 Total $ 91,084 $ 53,730 $ 144,813 FNI Professional Agreement Page 16 of 19 PNI Professional Agreement Page 17 of 19 FNI Professional Agreement Page 18 of 19 FNI Prolesebnel Agreement P., 19 o119