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HomeMy WebLinkAboutResolution - 2012-R0440 - Contract - Freese And Nichols Inc. - 11/08/2012Resolution No. 2012—RO440 November 8, 2012 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, a Professional Services Contract 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 November 8, 2012 . z�41el -- GL R SON, MAYOR ATTEST: 4 4-0�� Rebe'ca Garza, City Secretary .APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: i t V Chad Weaver, Assistant City Attorney vw:ccdoes/RES.Contract-Freese & Nichols, Inc. October 15, 2012 Resolution No. 2012-RO440 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement"), effective as of the 8th day of November, 2012 (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 Preliminary Resign of the Lake Alan Henry Intake Structure Investigation (the "Activities"); and 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. FNI Professional Agreement Page 1 of 19 ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 18 months, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. The term may be extended by subsequent amendments of this Agreement, with the written and authorized consent of both parties. 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 Basic Services Tasks 1 through 14 for Phase 1A and Tasks 1 through 9 for Phase 1B based on hourly rates, not to exceed $416,700, per Attachment "A". Services for Phase 113 will not be performed without written authorization from the CITY based on the findings of Phase 1A. 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 or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. FNI Professional Agreement Page 2 of 19 ARTICLE IV. 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, the former 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. 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 FNI Professional Agreement Page 3 of 19 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 or ordinance 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 by to which CITY is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Investigation and Monitoring of the Lake Alan Henry Intake Structure, as defined in Exhibit "A," "Scope of Work". The additional investigation and modeling (Phase 113), shall not be performed unless and until ENGINEER receives written authorization to proceed from CITY. 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. FNk Professional Agreement Page 4 of 19 ARTICLE VIII. INSURANCE ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement, 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. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence 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. FNl Professional Agreement Page 5 of 19 The CITY shall be listed as a primary 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 of Lubbock. 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. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING 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 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. FNI Professional Agreement Wage 6 of 19 ARTICLE X. CONFIDENTIALITY 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 OF 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 FNI Professional Agreement Page 7 of 19 party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. ENGINEER's address and numbers for the purposes of notice are: Freese and Nichols, Inc. Attn: John Rutledge, P.E. 4055 International 'Plaza, Suite 200 Fort Worth, Texas 76109 Telephone: (817) 735-7300 Facsimile: (817) 735-7491 C. City's Address. CITY's address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin, P.E. P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775 —2342 Facsimile: (806) 77S - 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 an 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. PNI Professional Agreement Page 8 of 19 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. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the CITY. 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. 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. FNI Professional Agreement Page 9 of 19 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," 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 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. FNI Professional Agreement Page 10 of 19 EXECUTED as of the Effective Date hereof. ATTEST: Reh.lc. Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operating Officer hn Turpin, P.E., (Vef Water Utilities Engineer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney CITY OF LUBBOCK Glen C. Robertson, Mayor FREESE AND HOLS, INC. By: Name: John L. Rutledge, P.E. Title: Principal FNI Professional Agreement Page 11 of 19 r PA Marsha Reed, P.E., Chief Operating Officer hn Turpin, P.E., (Vef Water Utilities Engineer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney CITY OF LUBBOCK Glen C. Robertson, Mayor FREESE AND HOLS, INC. By: Name: John L. Rutledge, P.E. Title: Principal FNI Professional Agreement Page 11 of 19 EXHIBIT A City of Lubbock, Texas Lake Alan Henry Intake Structure Investigation Scope of Work for Freese and Nichols, Inc. Investigation and Monitoring - Phase 1 Phase 1A - Investigation and Monitoring (NTE $246,300) 1. Review original design and investigations, construction reports and photographs, and previous inspection reports in preparation for the initial site visit. 2. Attend a kickoff meeting for the project in Lubbock to coordinate the communication processes, exchange data and information, and to review the schedule. After the kickoff meeting, visit the site to perform a more detailed structural and geotechnical inspection. 3. Provide underwater visual inspection of structural elements to be analyzed. 4. Update the survey of the bridge and tower and associated movements, as well as the slope around the bridge, and benchmarks on dam. This will include the performance of a bathymetric survey of the ground surface below water surface in the vicinity of the bridge. 5. Review analyses of updated survey results and topographic surveys including underwater surveys 6. Install monitoring instrumentation: a. Core bridge deck for borings and instrumentation. Drill 2 borings from bridge deck, obtain soil and rock samples, and install two multipoint rod extensometers. b. Drill a core hole through the length of one battered drilled shaft supporting the bridge abutment, check the concrete for open cracks, and install one single -point borehole extensometer anchored in the bedrock below the tip of the shaft. C. Install four to eight electronic tilt sensors on the bridge piers, abutment and intake tower and route cables to bridge deck. d. Core bridge deck for borings and instrumentation and install permanent protective casings from bridge deck to soil cement slope protection. Drill two borings from bridge deck, obtain soil and rock samples, and install two slope inclinometers 7. Obtain initial readings of all installed instruments as part of the installation. 8. Perform pressure -swell, unconfined compression and index properties tests on selected samples of soil and rock. 9. Perform heave and settlement analyses and develop foundation deformation properties for use in the structural analyses 10. Train local staff person to obtain periodic readings of all instruments. It is assumed the CITY staff will take the reading during the monitoring period 11. Develop a memorandum report of the initial investigation, including lab testing results from samples. This will include a monitoring plan for the subsequent 12 months and trigger points for the installed instrumentation. FNI ProfessGonal Agreement Page 12 of 19 12. During the 12 months of investigation, track and plot on a monthly basis, as data is provided by the CITY. Visit the site up to two times during the monitoring period. 13. At the end of the monitoring period, update the survey of the bridge components. This does not include any update to the survey of the adjacent ground or the bathymetric survey. 14. Prepare a report that updates the initial report to include the monitoring results. Based on the monitoring results, provide a recommendation to the CITY to: a. If no movement has occurred, continue monitoring with no modifications or additional investigation. If movement has occurred, perform additional testing to confirm cause of movement and needed modeling for design of repairs, Phase 1B. Phase 16—Additional Investigation and Modeling (NTE $170,400) Phase 1B will require written authorization from the CITY before beginning. The scope of Phase 1B may be eliminated or reduced if Phase 1A has been able to determine the cause of the movement. 1. Perform testing to assess the current stresses on the intake tower: a. Provide jacking devices and frames to quantify existing forces in the bridge. The force will be evaluated to a maximum of 150 kips. b. Monitor bridge elastomeric bearings for distortion before, during, and after jacking. 2. Develop a finite element model for analysis of the structure. 3. Perform drained direct shear tests on selected samples of soil and rock. 4. Perform slope stability analyses to evaluate the mechanisms causing the movements and evaluate the proposed repair alternatives. Develop criteria and parameters to be used for design of repairs. 5. Calibrate the finite element model to reflect the measured force on the intake tower and the results of the updated survey. The model will be used for the development of concepts for alternate repair options at end of monitoring period 6. Use the model and the lab results from the initial assessment field work and survey to determine whether the movement is due to heave associated with swelling of the shale. 7. Use the finite element model to develop up to two conceptual alternatives for repair. 8. Prepare a final report that describes the additional testing, modeling, and the evaluated repair alternatives. Include a recommendation for repair or continued monitoring along with estimates of probable construction costs for all alternatives. 9. If authorized by the CITY, the final report will be used to perform Design and Bid phases as an amendment to this contract. FNI Professional Agreement Page 13 of 19 Phase II — Design and Bid Phase (Budget to be determined) ENGINEER shall provide professional services in this phase as follows: 1. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of improvements to be constructed. 2. Submit drawings, specifications, and Construction Contract Documents to the applicable federal and state agency(s) for approval, where required. 3. Prepare revised opinion of probable construction cost. 4. Furnish CITY requested sets of copies of drawings, specifications, and bid proposals marked "Preliminary" for approval by CITY. Upon final approval by CITY, ENGINEER will provide CITY with requested sets of copies of "Final" drawings. Along with electronic files in PDF format. 5. Assist CITY in securing bids. Provide CITY with list of prospective contractors, vendors and plan holder rooms of for CITY to issue Notice to Bidders. The cost for publications shall be paid by the City. 6. Assist CITY by responding to questions and interpreting bid documents. Prepare addenda(s) if necessary to be issued by the CITY. 7. Assist the CITY in conducting a pre-bid conference, if needed, for the construction projects and coordinate responses with CITY. Response to the pre-bid conference will be in the form of addenda issued after the conference if necessary. Attend the tour of the project site after the pre-bid conference. $. At CITY request, ENGINEER will assist CITY in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by CITY. 9. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. FNI Professional Agreement Page 14 of 19 Phase III - Construction Phase (Budget to be determined) Upon completion of the bid or negotiation phase services, ENGINEER will proceed with the performance of construction phase services as described below. ENGINEER will endeavor to protect CITY in providing these services however, it is understood that ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER responsible for supervision of the Contractor's operation and employees. ENGINEER 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. ENGINEER 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. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the CITY agrees to include provisions in the construction contract documents that will require the construction contractor to include ENGINEER and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. 1. Assist CITY 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 CITY and contractor. Submit (insert frequency; i.e. monthly, bi-monthly, quarterly, etc.) 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. I 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. FNI Professional Agreement Page 15 of 19 4. Based on ENGINEER'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 ENGINEER recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. Make visits appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative) 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 ENGINEER will endeavor to protect the CITY against defects and deficiencies in the work of Contractors and will report any observed deficiencies to CITY. 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. The cost of such quality control shall be paid by CITY and is not included in the services to be performed by ENGINEER. 8. Interpret the drawings and specifications for CITY and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by CITY, 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 CITY to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the CITY. Documentation of field orders, where cost to CITY 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 CITY are an additional service. Substitutions of materials or equipment or design modifications requested by the CIT`! 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 snake recommendations to the CITY 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 CITY if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of ENGINEER are an additional service. 11. Assist in the transfer of and acceptance by the construction contractor of any CITY furnished equipment or materials. FNI Professional Agreement Page 16 of 19 12. Conduct, in company with CITY'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. Two (2) sets of Mylar prints and electronic file in PDF format of "Record Drawings" shall be provided by ENGINEER to CITY. FNI Professional Agreement Page 17 of 19 TIME OF PERFORMANCE ENGINEER shall commence work immediately following the Effective Date. ENGINEER has reviewed the project with the CITY and agrees that the schedule presented below is a reasonable timeframe within which to accomplish the work. PROJECT SCHEDULE Weeks Following Cumulative Milestone Deliverable Weeks Kick -Off Meeting/Initial Testing (Phase 1A) 12 0 Monitoring Period 52 64 Final Report 12 76 ENGINEER -CITY mutually agree that they will work toward meeting the above schedules. Should the Scope of Work be changed and/or should problems arise during the course of the work effort that could affect the above schedule, it is understood that both CITY and ENGINEER will develop a revised schedule and budget limit, if required, to address scope changes, delays by CITY, or other problems. It is understood that the ENGINEER must proceed with the work while the CITY reviews each submittal. CITY agrees to submit all review comments for the submittal within fourteen (14) days following the ENGINEER's submittal. Impacts from CITY's comments, which require extensive rework, may impact the schedule and budget and in -turn, may be considered a change in scope. FNI Professional Agreement Page 18 of 19 BUDGET CITY and ENGINEER have established a not -to -exceed budget of $416,700 to complete all services under this Task Order. This amount will not be exceeded without a contract amendment. The portion of this allocated to Phase 1B, not to exceed $170,400, will not be utilized without written authorization from the CITY. CITY will pay the ENGINEER hourly, not to exceed $416,700 for services identified in Tasks 1 through 14 for Phase 1A and 1 though 9 in Phase 1B of the Basic Services, unless noted otherwise in the Scope of Work. ENGINEER agrees to complete these services for this amount unless the Budget is amended by CITY and ENGINEER as a result of a change to the Scope of Work or Time of Performance. The Budget assumes that all work will be completed within 18 months from Effective Date. FNI Professional Agreement Page 19 of 19