HomeMy WebLinkAboutResolution - 2014-R0167 - Contract - Freese And Nichols Inc.- Emergency Electric Generators - 05/08/2014RESOLUTION
BE IT RESOLVED BY -]- E 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 for services related to the
Emergency Electric Generators, by and between the City of Lubbock and Freese and Nichols.
Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
IZe 7ccca Gama, City Seerc, r
APPROVED AS TO CON .N1":
May 8, 20 14
G C. RO ER.TSON, MAYOR
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It. Keith Smith, P.E., Director of Public Works
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Chad Weaver, Assistant City Attorney
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PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This contract, (the "Contract" or "Agreement"), effective as of the _ day of
2014 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule
municipal corporation, and Freese and Nichols, Inc., ("ENGINEER") a Texas professional corporation
authorized to conduct business in Texas.
WITNESSETH
WHEREAS, the City desires to obtain professional engineering services related to the Emergency
Electric Generators (the "Activities");
WHEREAS, 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 City and Engineer to be a fair and reasonable price; and
WHEREAS, the City desires to contract with ENGINEER to provide professional engineering
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 Contract, the City and ENGINEER hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without interruption for
a term of 397 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all
purposes. If the Engineer determines that additional time is required to complete the Services, the City
Engineer, may, but is not obligated to, in his 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.
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ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A",
attached hereto (the "Services")
B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth
in General, Basic Services, and Special Services based on hourly rates, not to exceed $246,625.00, per
Exhibit "A" and Exhibit "B".
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days
written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay Engineer
for services actually performed by Engineer up to the date Engineer is deemed to have received notice of
termination as provided herein.
B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this
Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law,
equity, or otherwise, including without limitation, termination of this Contract 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 document, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. 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.
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B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract
and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the
part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is
enforceable in accordance with the terms thereof.
D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional engineering services, and comply with all applicable laws, rules, and
regulations, both state and federal, relating to professional engineering services, as contemplated hereby.
F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for
use by City pursuant to this Contract 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. ENGINEER shall be solely responsible
for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement
and 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 ENGINEER's failure to perform this duty.
ARTICLE VI. SCOPE OF SERVICES
ENGINEER shall accomplish the following:
Professional Engineering Services related to the Emergency Electric Generators Bid and Construction
Phases, as defined and provided in Exhibit "A," 'Scope of Services".
FNI Professional Agreement Page 3 of 20
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement and/or in
its activities hereunder for all purposes. 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,
Engineer and Engineer's employees and/or subconsultants, will not be considered, for any purpose,
employees or agents of the City within the meaning or the application of any federal, state or local law or
regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
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 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. Engineer shall obtain and maintain in full
force and effect during the term of this Agreement, and shall cause each approved subcontractor or
subconsultant of 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. All policies will be written on per 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: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
FNI Professional Agreement Page 4 of 20
Engineer shall further cause any approved subcontractor or subconsultant to procure and carry,
during the term of this Agreement, Professional Liability coverage, as specified above for Engineer,
protecting City against direct losses caused by the professional negligence of the approved subcontractor or
subconsultant. 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. 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 will be included in the Certificate. Engineer
shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, 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, Engineer fails to maintain
the required insurance in full force and effect, 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 Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this contract and the discovery period (possibly through tail
coverage) shall be no less than ten (10) years after the completion of work specified in the contract. The
provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTSIRETAINING OF CONSULTANTS
ENGINEER may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A",
attached hereto, under this Contract, provided that City approves the retaining of Subconsultants.
ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and
ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved
Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required
by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third
parties as additional insureds, insurance as described above in this Contract.
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ENGINEER represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
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ENGINEER shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
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 ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO
THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE
THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
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 Contract, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted
by this Contract 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
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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. ENGINEER's address and numbers for the purposes of notice are:
Freese and Nichols, Inc.
Attn: Jeffrey N. Hensley, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Telephone: (817) 735-7300
Facsimile: (817) 735-7491
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: John Turpin, P.E.
P. 0. Box 2000
162513th Street
Lubbock, Texas 79457
Telephone: (806) 775 — 2342
Facsimile: (806) 775 — 3344
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 Contract, 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
City shall furnish ENGINEER non -confidential studies, reports and other available data in the
possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies,
reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided
Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such
Provided Data.
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ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract
strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any
effect in construing this Contract.
B. Audit. 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, ENGINEER's books and records with respect to this
Contract between ENGINEER and City.
C. Records. ENGINEER shall maintain records that are necessary to substantiate the services
provided by ENGINEER.
City.
D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER,
and in the case of City, its respective successors, legal representatives, and assigns, and in the case of
ENGINEER, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS. THIS CONTRACT 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 CONTRACT OR THE ACTIONS THAT ARE
CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court
of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract 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.
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H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract,
and duly authorized and executed by ENGINEER and City.
I. Entire Agreement. This Contract, including Exhibits "A" & "B," attached hereto, contains the
entire Contract between the City and 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 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 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 City or 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 City and ENGINEER.
N. All funds for payment by the City under this contract 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 goods or services provided under the contract, the City will terminate the
contract, 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 goods or services covered by this contract is
spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this
contract, cancellation shall be accepted by the Seller 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 contact beyond the date
of termination.
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EXECUTED as of the Effective Date hereof.
ATTEST:
Reb cca Garza, City Secretary
AP;wo
ED AS TO ONTENT:
L.klin, P.E., City Engineer
John Turpin, f .E., C t of Water Utilities Engineer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
CITY OF LUBBOCK
Gle . R bertson, Mayor
FREESE AND
/NIICfHOLS, INC.
By: "
Name: Donald W. Lampe, P.E.
Title: Principal
FNI Professional Agreement Page 10 of 20
EXHIBIT APART 1
SCOPE OF SERVICES FOR BID & CONSTRUCTION PHASES
PUMP STATION EMERGENCY ELECTRIC GENERATORS
GENERAL:
The Pump Station Emergency Electric Generators - (the Project) includes the following:
1.Bid and Award Phase
2.Construction Phase —General Representative
A. BID AND AWARD PHASE: Upon completion of the design services and approval of "Final" plans and
specifications by OWNER, FNI will proceed with the performance of services in this phase as follows:
1. Assist OWNER in securing bids, issuing notice to bidders and notifying selected plan rooms. The
notice to bidders will be furnished to OWNER for publication in the local news media. The cost
for publications shall be paid by OWNER.
2. Attend a pre-bid conference, if any, for each of the construction contracts.
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 contracts as appropriate.
5. Assist OWNER in the preparation of documents for execution of the construction contracts. FNI
will conform the contract documents, make six original copies for execution. FNI will also make
twenty conformed copies of the plans and specifications for use by the Contractor and OWNER
and Engineer. The twenty copies will include five full size copies and fifteen half size copies
6. The Bid and Award phase will be considered complete upon execution of the construction
contracts and distribution of the conformed copies of the plans and specifications.
B. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed
with the performance of construction phase services as described below. FNI will endeavor to protect
Owner in providing these services however, it is understood that FNI does not guarantee the
Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures
of construction selected by the Contractor, or any safety precautions and programs relating in any way
to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
responsible for the acts or omissions of any person (except its own employees or agents) at the Project
site or otherwise performing any of the work of the Project.
1. Assist Owner in conducting pre -construction conference(s) with the Contractor(s), review
construction schedules prepared by the Contractor(s) pursuant to the requirements of the
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construction contract, and prepare a proposed estimate of monthly cash requirements of the
Project from information provided by the Construction Contractor.
2. Establish communication procedures with the Owner and contractor. Submit monthly reports of
construction progress. Reports will describe construction progress in general terms and
summarize project costs, cash flow, construction schedule and pending and approved contract
modifications.
3. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor's submittals and provide
for filing and retrieval of project documentation. Produce monthly reports indicating the status
of all submittals in the review process. Review contractor's submittals, including, requests for
information, modification requests, shop drawings, schedules, and other submittals in
accordance with the requirements of the construction contract documents for the projects.
Monitor the progress of the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
4. Based on FNI's observations as an experienced and qualified design professional and review of
the Payment Requests and supporting documentation submitted by Contractor, determine the
amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the
General Conditions of the Construction Contract.
S. Make one site visit per month to observe the progress and the quality of work and to attempt to
determine in general if the work is proceeding in accordance with the Construction Contract
Documents. In this effort FNI will endeavor to protect the Owner against defects and deficiencies
in the work of Contractors and will report any observed deficiencies to Owner. Visits to the site
in excess of the specified number are an additional service.
6. Notify the contractor of non -conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipment installation reports or
other documentation required by the Construction contract documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project.
8. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses,
and studies requested by the Contractor(s) and approved by Owner, for substitutions of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
9. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the Owner to
determine the cost and time impacts of these changes. Prepare change order documentation for
approved changes for execution by the Owner. Documentation of field orders, where cost to
Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for
substitutions of equipment or materials, corrections of defective or deficient work of the
contractor or other deviations from the construction contract documents requested by the
contractor and approved by the Owner are an additional service. Substitutions of materials or
equipment or design modifications requested by the Owner are an additional service.
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10. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the Owner on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the Owner if appropriate. Providing these
services to review or evaluate construction contractor(s) claim(s), supported by causes not within
the control of FNI are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished
equipment or materials.
12. Conduct, in company with Owner's representative, a final review of the Project for conformance
with the design concept of the Project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before
recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties,
spare parts, and keys from the contractor. Review and comment on the certificate of completion
and the recommendation for final payment to the Contractor(s). Visiting the site to review
completed work in excess of two trips are an additional service.
13. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized sets
and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to Owner.
TIME OF COMPLETION: FNI is authorized to commence work on The Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
• Bid and Award Phase—April 30, 2014
• Contractor Notice to Proceed — May 1, 2014
• Construction Activities Complete — June 1, 2015
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in
OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental
approvals, etc. These delays may result in an adjustment to compensation.
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DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative —John Turpin, 162513th Street, Lubbock, Texas 79401; Phone 806-
775-2342; email: JTurpin@mail.ci.lubbock.tx.us
Owner's Project Manager—Greg Baler, 162513th Street, Lubbock, Texas 79401; Phone 806-775-2344;
email: GBaier@mail.ci.lubbock.tx.us
Freese and Nichols Project Manager: Jeff Hensley, 4055 International Plaza, Suite 200, Fort Worth, Texas
76109-4895; Phone: 817-735-7300, Fax: 817-735-7491; email: jnh@freese.com
Freese and Nichols Accounting Representative: Sharon James, 4055 International Plaza, Suite. 200, Fort
Worth, Texas 76109-4895; Phone: (817)735-7300, Fax: (817)735-7491; email: sdj@freese.com
FNI Professional Agreement Page 14 of 20
EXHIBIT A, PART 2
SCOPE OF SERVICES FOR BID & CONSTRUCTION PHASES
PUMP STATION EMERGENCY ELECTRIC GENERATORS
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not
included in the above described basic services, are described as follows:
A. Resident Representative during construction phase.
B. Field surveying required for the preparation of designs and drawings.
C. Field layouts or the furnishing of construction line and grade surveys.
D. GIS mapping services or assistance with these services.
E. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by Owner.
Providing renderings, model, and mock-ups requested by the Owner.
G. 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.
H. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
J. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
L. Preparing Operation and Maintenance Manuals or conducting operator training.
M. 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.
N. Furnishing Special Inspections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous, requiring an inspector dedicated to inspection of the
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individual work item, and they are in additional to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection services can
be provided by FNI as an Additional Service.
O. 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).
P. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
Q. 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.
R. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
S. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
T. 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.
U. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
V. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete the work within the contract time.
W. Providing services after the completion of the construction phase not specifically listed in Article I.
X. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
Y. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims
are supported by causes not within the control of FNI.
Z. Providing value engineering studies or reviews of cost savings proposed by construction contractors
after bids have been submitted.
AA. Provide follow-up professional services during Contractor's warranty period.
FNI Professional Agreement Page 16 of 20
EXHIBIT A, PART 3
SCOPE OF SERVICES FOR BID & CONSTRUCTION PHASES:
PUMP STATION EMERGENCY ELECTRIC GENERATORS
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 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 cost of Covered Change Orders will not include:
• any costs that Owner would have incurred if the Covered Change Order work had been
included originally in the Contract Documents and without any other 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 due to the Contractor
Nothing in this provision creates a presumption that, or changes the professional liability standard
for determining if, Engineer is liable for the cost of Covered Change Orders in excess of the percent
of Construction Cost stated above or for any other Change Order. 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 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 FN I'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.
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.
FNI Professional Agreement Page 17 of 20
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.
H. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as Owner may require or FNI may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as Owner may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction contract, and such inspection
services as Owner may require to ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnishing and performing the work.
I. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress
and other job related meetings and substantial completion inspections and final payment
inspections.
J. 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, or any defect or nonconformance of
the work of any Contractor.
K. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Part 2 of this
Contract or other services as required.
1. Bear all costs incident to compliance with the requirements of the Owner's responsibilities.
FNI Professional Agreement Page 18 of 20
EXHIBIT B — BUDGET
BID & CONSTRUCTION PHASES
PUMP STATION EMERGENCY ELECTRIC GENERATORS
CITY and ENGINEER have established a not -to -exceed budget of 5 246.625.00 to complete all services
under this Task Order. 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 D. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The
Budget is presented in Exhibit C. 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
Services or Time of Performance, then this can result in an amendment to this contract which shall be
negotiated at that time.
This contract assumes that all work will be completed within the time specified in Exhibit A.
FNl Professional Agreement Page 19 of 20
EXHIBIT C
BID & CONSTRUCTION PHASES
PUMP STATION EMERGENCY ELECTRIC GENERATORS
This Exhibit C is part of the Agreement, between Freese and Nichols, Inc. (FNI) (the "Engineer") and the City
of Lubbock (the "City") for the Project generally described as:
Bid & Construction Phases — Pump Station Emergency Electric Generators
1. Budget Amount by Scope Item Task
Task
Budget
Bid & Award Phase
$12,531
Construction Phase
$234,094
TOTAL
$246,625
FNI Professional Agreement Page 20 of 20
The ranges and Individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAD Calcomp
Plotter
PC CAD Stations $10.00 per hr. Bond
EXHBIT D
Other
COMPENSATION
Color
Compensation to Freese and Nichols shall be based on the following Schedule of Charges: Not to Exceed: The total fee for Basic Services in Attachment SC shall be
computed on the basis of the Schedule of Charges, but shall not exceed Two Hundred Fourty Six Thousand Six Hundred Twenty Five Dollars
($246,825). 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 Schedule of Charges.
Schedule of Chames:
Position
Rate
Position
a e
PRINCIPAL
388.50
3D VISUALIZATION COORDINATOR
178.50
GROUP MANAGER
247.00
ENVIRONMENTAL SCIENTIST VII
228.90
ENGINEER VIII
269.85
ENVIRONMENTAL SCIENTIST M
199.50
ENGINEER VII
263.55
ENVIRONMENTAL SCIENTIST V
188.00
ENGINEER VI
238.25
ENVIRONMENTAL SCIENTIST IV
147.00
ENGINEER V
185.00
ENVIRONMENTAL SCIENTIST III
126.00
ENGINEER IV
169.05
ENVIRONMENTAL SCIENTIST II
88,20
ENGINEER III
150.15
ENVIRONMENTAL SCIENTIST 1
87.15
ENGINEER II
141.75
ARCHITECT VI
201.60
ENGINEER 1
116.55
ARCHITECT V
182.70
ELECTRICAL ENGINEER VI
222.60
ARCHITECT IV
147.00
ELECTRICAL ENGINEER V
182.70
ARCHITECT III
140.70
ELECTRICAL ENGINEER IV
144,90
ARCHITECT II
113.40
ELECTRICAL ENGINEER III
136.50
ARCHITECT 1
97.65
ELECTRICAL ENGINEER II
132.30
PLANNER VI
213.15
ELECTRICAL ENGINEER 1
124.95
PLANNER V
163.80
MECHANICAL ENGINEER VI
215.25
PLANNER IV
129.15
MECHANICAL ENGINEER V
191.10
PLANNER III
117,60
MECHANICAL ENGINEER IV
166.95
PLANNER I
96.60
MECHANICAL ENGINEER III
147.00
HYDROLOGIST V
184.80
PROGRAM MANAGER II
222.60
HYDROLOGIST IV
144.90
CONSTRUCTION CONTRACT ADMIN III (QC)
184.28
HYDROLOGIST III
133.35
CONSTRUCTION CONTRACT ADMIN III (Spec. Insp)
147.26
HYDROLOGIST II
121.80
CONSTRUCTION CONTRACT ADMIN III (CM)
136.50
GEOTECHNICAL ENGINEER VI
236.25
CONSTRUCTION CONTRACT ADMIN III (Sr. RPR)
105.00
PUBLIC INVOLVEMENT COORDINATOR
134.40
CONSTRUCTION CONTRACT ADMIN II (LAH PS RPR)
126.00
WEB SERVICES ADMINISTRATOR
157.50
CONSTRUCTION CONTRACT ADMIN I (DCS 11)
111.30
WORD PROCESSING/SECRETARIAL
80.85
CONSTRUCTION CONTRACT ADMIN I (RPR)
99.75
OPERATIONS ANALYST
145.95
CONSTRUCTION CONTRACT ADMIN I (PEPS RPR)
115.50
CONTRACT ADMINISTRATOR
92.40
DOCUMENT CONTROL CLERK
106.05
INFORMATION SERVICES ADMINISTRATOR
79.80
SR DESIGNER
196.35
INFORMATION SERVICES CLERK III
63.00
DESIGNER II
158.55
INFORMATION SERVICES CLERK II
58.80
DESIGNER 1
138,50
INFORMATION SERVICES CLERK 1
57.75
CADD DESIGNER
168.00
CO-OP
70.35
TECHNICIAN IV
142.80
TECHNICIAN III
114.45
TECHNICIAN II
95,55
TECHNICIAN 1
73.50
GIS COORDINATOR
144.90
GIS ANALYST IV
131.25
GIS ANALYST III
108.15
GIS ANALYST II
96.60
GIS ANALYST I
72.45
The ranges and Individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAD Calcomp
Plotter
PC CAD Stations $10.00 per hr. Bond
$2.50 per plot
Other
$5.00 per plot
Color
$5.75 per plot
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $20.00 per test
Print Shop
Color Copies & Printing $0.50 per single side copy
$1.00 per double side copy
Blade & White Copies & Printing
Binding
$0.10 per single side copy
$0.20 per double side copy
$5.75 per book
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
[1
4055 International Plaza, suite 200 • Fart Worth, Texas 76109 • 817-735-7300 • fax 817-735-7491 • wwwlreese.tom
April 15, 2014
Greg Baler, P.E.
City of Lubbock
1625 13" Street
Lubbock, Texas 79401
Re: Pump Station Emergency Electric Generators Bid and Construction Phases
Dear Mr. Baier:
Freese and Nichols, Inc. (FNI) is pleased to submit this Professional Services Contract for
providing professional engineering services to the City of Lubbock for the Bid and Construction
Phases (Phase 3) for the Pump Station Emergency Electric Generators Project.
FNI will render the professional services described in the attached Agreement for a not -to -exceed
fee of Two Hundred Forty -Six Thousand Six Hundred Twenty Five Dollars ($246,625).
We appreciate this opportunity to submit this proposal. If additional information or clarification
is desired, please do not hesitate to contact Jeff Ilensley. If you could please send one of the
original signed copies back for our records. We look forward to working with you on this project.
Sincerely,
C-H
iAS
Je rey N. Hensley, P.E.
Project Manager
Donald W. Lampe, P.E.
Principal