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HomeMy WebLinkAboutResolution - 2013-R0193 - Amendment To Contract - Freese And Nichols Inc.- Pipeline Project - 06/27/2013Resolution No. 2013- R0193 June 27, 2013 Item No. 5.10 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 2 to that certain Professional Services Contract No. 10844 dated June 21, 2012, for the Bailey County Well Field Supply Pipeline Project -Contract A, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Amendment 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 ___.Tune 27, 201 ATTEST: 5-K- Re+ca Garza, City ecretary APPROVED AS TO CONTENT: '12 ."-f R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Amend 42 Agrmt-Freese & Nichols June 10, 2013 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE19/2 /12 12/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-703-827-2277 Ames & Gough g CONTACT NAME: PHIAIONE . 703-827-2277 (AIC. AIC No: 703-827-2279 E-MAIL admin@amen ou h.com ADDRESS: adnLin@amesgough.com 8300 Greensboro Drive Suite 980 X McLean, VA 22102 INSURERS AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS IND CO OF AMER 25666 10/23/13 INSURED INSURER B: CHARTER OAR FIRE INS CO 25615 Freese and Nichols, Inc. INSURER C: TRAVELERS IND CO 25658 INSURER D: TRAVELERS PROP CAS CO OF AMER 25674 4055 International Plaza Suite 200 Fort Worth, TX 76109 INSURER E: CONTINENTAL CAS CO 20443 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 INSURER F CAVFRAC%FA CFRTIFICATF NIIMRFR- 30742089 RFVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X X PACP3C749897 10/23/1 10/23/13 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER $ 1-1 POLICYF_' PRO- X LOC B AUTOMOBILE LIABILITY X X 8101179RSlA 10/23/1 10/23/13 COMBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS IX BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED X HIRED AUTOS AUTOS $ C X UMBRELLA LIAB X OCCUR CUP4C453408 10/23/1 10/23/13 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 X EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ 10000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE a X US3974T65A 10/23/1 10/23/13 X WCSTATU- DTH - E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEd $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E PROFESSIONAL LIABILITY AEH 00 821 44 22 10/23/1 10/23/13 Per Claim 5,000,000 Annual Aggregate 10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Bailey County Well Field Supply Line The City and its employees, officers, officials, agents and volunteers are included as additional insureds with respects to General Liability and Auto Liability. Waiver of Subrogation applies to General, Auto and Worker's Compensation as required by written contract and allowed by law. City of Lubbock Purchasing and Contract Management Office 1625 13th Street, Room 204 Lubbock, TX 79401 USA 1110101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD FresseNichols 30742089 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a 'contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that 'contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, dudes, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT r A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em- ployee's" name, with your permission, while EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: CA T4 20 07 10 ® 2010 The Travelers Indemnity Company. All rights reserved Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc, with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds, 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) if a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- graph AA a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. Page 2 of 3 ® 2010 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A 1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor, (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0710 ® 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS J k WORKERS COMPENSATION AND ONE TONER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06163 ENDORSEMENT WC 42 03 04 (A) — 001 POLICYNUMBER: (XSUB-3974T65-A-12) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown In Item 3.A. of the Information Page. We have the right to recover our payments from anyone Ilable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization ® Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. 4. Advance Premium: $ SEE SCHEDULE DATE OF ISSUE: 10-22-12 ST ASSIGN: Page 1 of 1 TRAVELERS J k WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 42 06 01 (00) — 001 POLICY NUMBER: (XSUB-3974T65-A-12) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown In item 3.A. of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule, This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE 1. NUMBER OF DAYS ADVANCE NOTICE: 30 (or **) 2. NOTICE WILL BE MAILED TO: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR MATERIAL LIMITATIONS OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS ** Number of days Notice specified in the Certificate of Insurance to all holders of such certificates. DATE OF ISSUE: 10-22 -12 ST ASSIGN: TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 00 0313 (00) - 01 POLICY NUMBER: (XSUB-3974T65-A-12) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO BURNISH THIS WAIVER. DATE OF ISSUE: 10-22-12 ST ASSIGN: City of Lubbock, TX Capital Project Project Cost Detail June 27, 2013 Capital Project Number: 92255 Capital Project Name: Low Head B & Pump Station 9 Rehabilitation EncumberedlExpended City of Lubbock Staff Time Misc. Services Freese & Nichols - LHB Assessment Professional Services Freese & Nichols - BCWF Supply Line Preliminary Engineering Freese & Nichols - BCWF Supply Line Final Design and Bid Phase Services BCWF Supply Pipeline Construction - Contract A - Western Summit Constructors, Inc. Current Agenda Items- June 27, 2013 Freese & Nichols - BCWF Supply Line Construction Management Encumbered/Expended to Date Estimated Costs for Remaining Appropriation Construction Remaining Appropriation Total Appropriation To Date $ Budget $ 21,800 51,000 378,200 274,129 2,163,829 6,167,173 690,367 9,746,498 753,502 753,502 $ 10,500,000 Resolution No. 2013—RO193 AMENDMENT NUMBER 2 TO PROFESSIONAL SERVICES CONTRACT No. 10844 BETWEEN THE CITY OF LUBBOCK AND FREESE AND NICHOLS, INC. AMENDMENT NUMBER 2 DATED June 27, 2013 to the agreement between City of Lubbock, (City) and Freese and Nichols, Inc., (Engineer) dated June 21, 2012 ("the Agreement") concerning General Representation and Construction Representation Services for the Bailey County Well Field Supply Pipeline Project — Contract A. The Engineer has entered into the Agreement with City for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Engineer and provisions for additional compensation by the City to the Engineer, as set forth in Exhibits A -C hereto. Amendment No. 2 extends the Agreement an additional 365 days from the expiration date of the Agreement. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. CLIENT: CONSULTANT: CITY OF LUBBO FREESE AND NNICHOLS, INC. By: By:���',--- Glen C. Robertson Ron Lemons, P.E. Title: Title: Chief Operating Officer Date: June 27. 2013 Date:=� ATTEST: APP VED AS O CONTENT: Reb ca Garza, City Secrctary Woo ranklin, P.E., City Engineer APPRO D AS TO FORM: n Turpin, P.E. of Water Utilities Engineer Chad Weaver, Assistant City Attorney Rev 11-08 EXHIBIT A SCOPE OF SERVICES FOR: BAILEY COUNTY WELL FIELD SUPPLY PIPELINE — CONTRACT A GENERAL AND RESIDENT REPRESENTATION GENERAL: FNI will provide General Representation and onsite Construction Representation for the following: The Bailey County Well Field Supply Pipeline, Contract includes the following facilities: 1. 2 miles of 36 -inch diameter bar -wrapped concrete cylinder pipe 2. One tank tie-in at Pump Station Number 7 3. Flow Meter and Flow Control Vaults and associated SCADA and electrical 4. 10 -inch pipeline relocation on LCU campus 5. Asphalt paving repairs/replacements 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. 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 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. FNI OWNER-" 5. Make two site visits 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. 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. 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. FNI OWNER—" SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: A. Materials Testing: FNI will retain and monitor the efforts of a construction materials testing firm (CMT/Pavetex) to perform the following services: 1. Soil a. D698 proctors — Every 500 LF native - 35 total b. D1557 proctors —10 total c. Sand Cone — 5 total d. Nuclear density testing — Approximately 12 per day. Testing will be performed as directed by the RPR. Approximately 45 days with technician time of 4-6 hours per day. 2. Embedment Material a. ASTM D 4253 Proctor — 1 sample per source. 3 total as needed. b. Dry gradtation — 2 total as needed. c. 5 -cycle magnesium soundness — 2 total as needed d. L.A. Abrasion — 2 total as needed e. Atterburg limits of fines — 2 total as needed f. Resistivity — 2 total as needed Flex Base a. ASTM D 4253 proctor — 3 total as needed. b. ASTM D 698 proctor — 3 total as needed. c. Wet Ball Mill — 2 total as needed. d. Atterburg limit . bar linear shrinkage - 2 total as needed. e. Washed Gradation - 2 total as needed. f. Tex- 117-E Tri -Axial - 1 total as needed. 4. Concrete a. 4 cylinders per 50 yards — 15 sets total. Testing included slump, entrained air content, concrete temperature and compression testing of cylinders. 5. Asphalt a. One smaple per day for asphalt content and gradation, rice specific gravity and lab molded density. 25 total as needed. b. One set of cires per 500 LF for in place thickness and in place density. 25 total as needed. c. In place nuclear density every 250 LF — 50 total d. Rolling pattern verification testing — two days of technician 6. Welding a. Visual inspection on all welds by CWI. 35 — 10 hour days including travel time. b. Magnetic particle testing by CWI on all welds 7. General a. Administration Time b. Project management time and attend 2-3 meetings in Lubbock B. Cathodic Protection: FNI will retain and monitor the efforts of a cathodic protection engineering firm (Corrosion Control Technologies (CCT)) to perform the following services: 1. Construction Support Services a. Provide Construction Submittal Reviews b. Review O&M manuals provided by Contractor c. Electrical continuity testing for pipeline acceptance d. Electrical Isolation testing of insulating joints and cased crossings e. Measure static pipeline potentials f. Baseline clos interval potential survey of Bar -Wrapped CCP g. Foreign Pipeline interference testing FNI 3 OWNER�I 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: • Contractor Notice to Proceed — June 17, 2013 • Construction Activities Complete — January 15, 2014 The above schedule is based upon OWNER review of the preliminary design report and other submittals within two weeks of submittal. 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. DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative — John Turpin, 1625 13`h Street, Lubbock, Texas 79401; Phone 806- 775-2342; email: JTurpin@mail.ci.lubbock.tx.us Owner's Project Manager—Joe Mangrem, 1625 13`' Street, Lubbock, Texas 79401; Phone 806-775-2344; email: JMangrem@mail.ci.lubbock.tx.us Freese and Nichols Project Manager: Nick Lester, 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895; Phone: 817-735-7300, Fax: 817-735-7491; email: ncl@freese.com Freese and Nichols Accounting Representative: Matt Shafer, 4055 International Plaza, Suite. 200, Fort Worth, Texas 76109-4895; Phone: (817)735-7300, Fax: (817)735-7491; email: mcs@freese.com FNIQ� OWNER EXHBIT A, PART 2, ADDITIONAL SERVICES BAILEY COUNTY WELL FIELD SUPPLY PIPELINE — CONTRACT A GENERAL AND RESIDENT REPRESENTATION 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. Field surveying required for the preparation of designs and drawings. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. 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. E. Providing renderings, model, and mock-ups requested by the Owner. F. 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. G. 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. H. 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. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 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. K. Preparing Operation and Maintenance Manuals or conducting operator training. L. 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. M. 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 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. FNI ; OWNERS D N. 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). O. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. P. 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. Q. 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. R. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. S. 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. T. 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. U. 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. V. Providing services after the completion of the construction phase not specifically listed in Article I. W. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. X. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Y. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Z. Provide follow-up professional services during Contractor's warranty period. R FNI ; OWNER EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER BAILEY COUNTY WELL FIELD SUPPLY PIPELINE — CONTRACT A GENERAL AND RESIDENT REPRESENTATION 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 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. 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. FNI 7 OWNER 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. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 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 Attachment SC, Article II of this AGREEMENT or other services as required. L. Bear all costs incident to compliance with the requirements of this Article W. FNI OWNER EXHIBIT B - BUDGET CITY and ENGINEER have established a not -to -exceed budget of $690,367.00 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 Work 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 the Amendment No. 2. FNI 4� OWNER EXHBIT C, PROJECT REPRESENTATION BAILEY COUNTY WELL FIELD SUPPLY PIPELINE — CONTRACT A GENERAL AND RESIDENT REPRESENTATION A. The ENGINEER will provide the following construction phase staff for construction of the Bailey County Well Field Supply Pipeline, Contract A as follows: Senior Resident Project Rep/Pipeline Inspector 60 hours per week for 29 weeks Corrosion Control Testing — Cathodic Testing As Necessary B. The ENGINEER will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be with ENGINEER and CONTRACTOR, keeping Owner advised as necessary. Resident Project Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with Owner with the knowledge of and under the direction of ENGINEER. C. Duties and Responsibilities of Resident Project Representative: Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as Owner's liaison with CONTRACTOR when CONTRACTOR's operations affect Owner's on-site operations. b. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. FN� 10 OWNER 4. Shop Drawings and Samples: Receive Samples which are furnished at the Site by CONTRACTOR, and notify ENGINEER of availability of Samples for examination. b. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to CONTRACTOR and other Project related documents. FNI 1 1 OWNER 9. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from CONTRACTOR and recommend to ENGINEER Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and Owner the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to Owner prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. Observe whether CONTRACTOR has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. C. Conduct a final inspection in the company of ENGINEER, Owner and CONTRACTOR and prepare a final list of items to be completed or corrected. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. D. Limitations of Authority of Resident Project Representative: Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items), unless authorized by ENGINEER. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the Contract Documents. FNI 12 OWNER44 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Owner or CONTRACTOR. 6. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by ENGINEER. FX 13 OWNER Rates for in -House Services Technology Charge Bulk Printing and Reproduction ATTACHMENT CO $8.50 per hour COMPENSATION $0.10 per copy 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 Color computed on the basis of the Schedule of Charges, but shall not exceed Six Hundred and Ninety Thousand Three Hundred and Sixty Seven ($690,367.00). 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 Charges: $5.00 per plot Binding Position Rate Position Rate PRINCIPAL 388.50 3D VISUALIZATION COORDINATOR 178.50 GROUP MANAGER 247.00 ENVIRONMENTAL SCIENTIST VII 228.90 ENGINEER VIII 269.85 ENVIRONMENTAL SCIENTIST VI 199.50 ENGINEER VII 263.55 ENVIRONMENTAL SCIENTIST V 168.00 ENGINEER VI 236.25 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 11 141.75 ARCHITECT A 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 11 132.30 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 111 117.60 MECHANICAL ENGINEER IV 166.95 PLANNER I 96.60 MECHANICAL ENGINEER 111 147.00 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 SENIOR GEOLOGIST 142.80 CONSTRUCTION CONTRACT ADMIN III (Sr. RPR) 105.00 GEOTECHNICAL ENGINEER VI 236.25 CONSTRUCTION CONTRACT ADMIN II (PS RPR) 126.00 PUBLIC INVOLVEMENT COORDINATOR 134.40 CONSTRUCTION CONTRACT ADMIN I (DCS 11) 111.30 WEB SERVICES ADMINISTRATOR 157.50 CONSTRUCTION CONTRACT ADMIN I (RPR) 99.75 WORD PROCESSING/SECRETARIAL 80.85 CONSTRUCTION CONTRACT ADMIN I (JR PS RPR) 115.50 OPERATIONS ANALYST 145.95 DOCUMENT CONTROL CLERK 106.05 CONTRACT ADMINISTRATOR 92.40 SR DESIGNER 196.35 INFORMATION SERVICES ADMINISTRATOR 79.80 DESIGNER II 158.55 INFORMATION SERVICES CLERK 111 63.00 DESIGNER 1 136.50 INFORMATION SERVICES CLERK 11 58.80 CADD DESIGNER 168.00 INFORMATION SERVICES CLERK 1 57.75 TECHNICIAN IV 142.80 CO-OP 70.35 TECHNICIAN 111 114.45 TECHNICIAN 11 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 1 72.45 Rates for in -House Services Technology Charge Bulk Printing and Reproduction $8.50 per hour Black and White $0.10 per copy Color $0.50 per copy Travel Plot - Bond $2.50 per plot Standard IRS Rates Plot - Color $5.75 per plot Plot - Other $5.00 per plot Binding $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 2.0. This markup approximates the cost to FNI If an FNI employee was performing the same or similar services. FNI OWNER /„+[/ : CMT Engineering May 13th, 2013 Nick Lester, P.E. Associate Freese and Nichols, Inc. Re: Bailey County Well Field Supply Pipeline Contract A Lubbock,Texas Dear Mr. Lester We appreciate the opportunity to provide you with a fee proposal for the construction materials testing on Contract A of the proposed Bailey County Well Field Supply Pipeline in Lubbock, Texas. The attached proposal should not to be taken as a lump sum proposal. The proposal is based in information provided by our client and our interpretation of the construction schedule. Inspections and testing will be billed on an as needed basis according to the fees shown. We look forward to working with you on this project. If you have any questions or concerns please feel free to contact me. Sincerely, Bryan Wilson, P.E. Vice President CMT Engineering, Inc. Texas Registered Engineering Firm 13112 12804 County Road 2500 Lubbock, TX 79404 - Office 806.771.7283 - Fax 806.771.7062 BWilson@CMTEngineeringLabs.com Testing Lab Scope for Baily County Pipeline Contract A Soil 1. ASTM D 698 —1 sample per 500 LF of native material — 35 Total 2. ASTM D 1557 —10 total as needed. 3. Sand Cone — 5 Total as needed. 4. Nuclear Density Testing — Approximately 12 per day. Testing will be performed as directed by the RPR. Approximately 45 days with technician time of 4-6 hours per day. Embedment Material 1. ASTM D 4253 proctor -1 sample per source. 3 total as needed. 2. Dry gradation — 2 total as needed. 3. 5 -Cycle magnesium soundness — 2 total as needed. 4. L.A. Abrasion — 2 total as needed. 5. Atterburg limits of fines — 2 total as needed. 6. Resistivity — 2 total as needed. Flex Base 1. ASTM D 4253 proctor —1 sample per source — 3 total as needed. 2. ASTM D 698 proctor —1 sample per source — 3 total as needed. 3. Wet Ball Mill — 2 Total as Needed 4. Atterburg Limits / bar linear shrinkage — 2 total as needed. 5. Washed gradation — 2 total as needed. 6. Tex -117-E Tri -Axial —1 total as needed. Concrete 1. 4 Cylinders per 50 CY —15 sets total. Testing includes slump, entrained air content, concrete temperature and compression testing of cylinders. Asphalt 1. One sample per day for asphalt content and gradation, rice specific gravity and lab molded density. 25 total as needed. 2. One set of cores per 500 LF for in place thickness and in place density. 25 total as needed. 3. In place nuclear density every 250 LF — 50 total as needed. 4. Rolling pattern verification testing. Two days. Welding 1. Visual Inspection and magnetic particle testing on all joints by CWI. 35 —10 hour days including travel time. General 1. Administration time 2. PM time including 2-3 project meetings in Lubbock, Texas. Construction Materials Testing Fee Proposal CMT Engineering, Inc 12804 County Road 2500 Lubbock TX 79404 Office (806) 771-7283 Fax (806) 771-7062 Project: Baily County Well Field Suply Pipeline - Contract A Client: Freese and Nichols, Inc Date: 5/13/13 z__.}CMT Laboratory Tests Soils Fee Qty- Extension Standard Proctor ( 4" mold) $ 150.00 35 $ 5,250.00 Modified Proctor 4" mold $ 200.00 10 $ 2,000.00 Atterbur Limits $ 65.00 45 $ 2,925.00 Classification of soils inc washed rad $ 70.00 45 $ 3,150.00 Flex Base Proctor ASTM D 4253 $ 450.00 3 $ 1,350.00 Standard Proctor 6" Mold $ 200.00 3 $ 600.00 Bulk Gravity / Moisture Correction $ 50.00 3 $ 150.00 Wet Ball Mill $ 225.00 2 $ 450.00 Atterbur Limits $ 65.00 2 $ 130.00 Bar Linear Shrinkage $ 50.00 2 $ 100.00 Washed Gradation $ 70.00 2 $ 140.00 Tri -Axial Tex -1 17-E $ 1,500.00 1 $ 1,500.00 Embedment Material Proctor ASTM 4253 $ 450.00 3 $ 1,350.00 Dry Gradation $ 50.00 2 $ 100.00 Magnesium Soundness $ 300.00 2 $ 600.00 L.A. Abrasion $ 300.00 2 _ $ 600.00 Atlerbur Limits $ 65.00 2 $ 130.00 Resistivity $ 350.00 2 $ 700.00 Hot Mix Asphalt Content (Ignition) / Gradation $ 150.00 25 $ 3,750.00 TxDOT Gyratory set of 3 $ 150.00 25 $ 3,750.00 Max Theoretical Density / Rice Gravity $ 125.00 25 $ 3,125.00 Core Thickness Test $ 10.00 25 $ 250.00 Cut Asphalt Cores (ea up to 3 in - Add $15 per in) $ 60.00 50 $ 3,000.00 In Place Density (from cores) $ 30.00 50 $ 1,500.00 Field Testing* Densities $ 20.00 540 $ 10,800.00 Sand Cone $ 150.00 5 $ 750.00 Slum $ 20.00 15 $ 300.00 Entrained Air $ 30.00 15 $ 450.00 Temperature $ 5.00 15 $ 75.00 MakingC tinders ea 4 min Incid breaks $ 27.00 60 $ 1,620.00 Technician / Engineering Technician Hourly 2 Hour Minimum $ 49.00 245 $ 12,005.00 Technicain Overtime Hourly- $ 59.00 20 $ 1,180.00 Technician w/As halt Thin Lift Nuclear Gauge(Hourly) $ 85.00 16 $ 1,360.00 Project Management $ 175.00 10 $ 1,750.00 Administration $ 85.00 20 $ 1,700.00 CWI Visual and Magnetic Particle Testing) Hourly 4 Hr min incl travel time $ 80.00 280 $ 22,400.00 CWI Visual and Magnetic Particle Testing) Overtime- $ 105.00 70 $ 7,350.00 CWI Mileage $ 0.70 7000 $ 4,900.00 CWI Vehicle Charge $ 90.00 35 $ 3,150.00 CWI Ma netic Particle Equipment Char a Dail $ 50.00 35 $ 1,750.00 CWI Consumables Dail $ 50.00 35 $ 1,750.00 CWI Per Diem Dail $ 145.00 35 $ 5,075.00 Total $ 114,965.00 " Field testing is billed in addition to Tech hourly rates Hourly rales apply portal to portal, between 7:00 am and 6:00 pm, Monday through Friday. Overtime rates will be applied when services are provided outside of the before mentioned hours. "' CWI Overtime rates apply when inspector works over 8 hours in one days period including travel time. Freese and Nichols, Inc. Project Fee Summary Basic $ 690,367 Special $ - Total Project $ 690,367 Phase Task Expenses Phase Task Labor Task Description Total Hours Total Labor 1. Hourly E $ 33,440 Effort Resident Representation Technology Charges (Hours) $ 159,902 RPR (60 hours per week x 29 weeks) 1,740 $ 182,700 _ _ QC site visit (3 visits at 16 hours total per visit) 48 $ 6,804 QC work off-site (1 hour per week) 29 $ 4,111 DCS work (averages — 6 hours per week) 174 $ 18,453 $ 1,306 - General Re_prese_ntation_ $ $ - Preconstruction Meeting 24 $ 5,799 Bi -weekly Site Visits 294 $ 70,511 Review Shop Drawings 182 $ 31,983 Monthly Meetings - 156 $ 36,751 Final Walkthroughs 70 $ 16,306 Closeout Paperwork 68 $ 13,547 Record Drawings 362 $ 70,518 Total Basic Service 3,147 Total Basic Services Labs - $ - $ - $ 457,483 Phase Task Expenses Equipment CMT Engineering - Materials Testing Total ExpRental CCT - Corrosion Testing $ 33,440 Total Basic Services Subconsultai $ - $ - Effort Technology Charges (Hours) $ 159,902 $ 12,776 Living Expenses ($1500 per month x 29 weeks) _ $ 11,550 Fuel , $ 11,000 QC Visit Mileage (3 trips x 700 miles rt _ $ 1,306 QC Visit expense (3 x lodging + food) $ 825 Truck Lease (7 months x $1510 per month) Pipe Cart Rental _ 1050 $ $ 11,627 1,155 General Representation Travel $ 22,743 Total Basic Servict5 1,050 - Total Basic Services Expens%68 $ 1,155. $ - $ 72,982 Phase Task Subconsultants Total Sub Effort CMT Engineering - Materials Testing $ 126,462 CCT - Corrosion Testing $ 33,440 Total Basic Services Subconsultai $ - $ - Total Basic Services Subconsultan - $ - $ $ 159,902 1 of 3 6/10/2013