HomeMy WebLinkAboutResolution - 2020-R0194 - Freese And Nichols, Inc., Contract 15208 - 06/23/2020Resolution No. 2020-R0194
Item No. 7.7
June 23, 2020
RKSOLUTION
mi IT ri-;soi.vl-:d by thh city councii. or tiih city of lubbock:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock. Professional Services Contract No. 15208 for Southeast
Water Reclamation Plant Eflluent Pump Station it2 Improvements, 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
olThe City Councii.
Passed by the City Council on June 23. 2020
DANIHl. M. POPH. MAYOR
ATfEST:
Rebecca Garza, City Secr^ary
APPROVED AS fO CON'fEN
JesiCalMcLachern, Assistant City Manager
APPROVED AS fO FORM:
'MAa
Killi Leisure, Assistant City Attorney
ccdocs/KliS-PSC-No. 15208 Soutliciist Water Kcclamation Plant litllucnt Pump Station 112 linprovumunts
May 22, 2020
Resolution No. 2020-RO 194
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement') Contract No. 15208 is entered into this 23rd
day of June , 2020, is by and between the City of Lubbock (the "City"), a Texas home rate
municipal corporation, and Freese and Nichols, Inc., (the" Engineer'), a Texas corporation.
W ITNESSETH
WHEREAS, The City desires to contract with the Engineer to provide professional services for
Southeast Water Reclamation Plant Effluent Pump Station #2 Improvements, (the "Activities"); and
WHEREAS, the Engineer has a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined below, for
the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable
price; and
WHEREAS, the City desires to contract with the Engineer to provide professional services
related to the Activities, and Engineer desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and the Engineer hereby agree as follows:
ARTICLE I, TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of 540 days. If the Engineer determines that additional time is required to complete the
Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to
grant up to an additional six (6) months of time so long as the amount of the consideration does not
increase. An amendment to this Agreement resulting in an increase in the amount of the consideration
must be approved by the City acting through its governing body.
Page 1 of 10
ARTICLE IL SERVICES AND COMPENSATION
A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit
"A", Parts 1-3, attached hereto (the "Services").
B. The Engineer shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $139,119, as set forth in Exhibit "B", Parts 1-3.
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only
pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to
have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of
this Agreement, the City shall be entitled to exercise any right or remedy available to it by this
Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and
assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not
preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be
cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not
exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and
another provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. The Engineer has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
Page 2 of 10
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the
part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and
is enforceable in accordance with the terns thereof.
D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. The Engineer will and shall conduct all activities contemplated by this
Agreement in accordance with the standard of care, skill and diligence normally provided by a
professional person in performance of similar professional services, and comply with all applicable laws,
rules, and regulations, both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the
Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by
any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation,
ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be
solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement
satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or
loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty.
ARTICLE Vi. SCOPE OF WORK
The Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", Parts 1-3, attached hereto and made a part hereof.
ARTICLE VIL INDEPENDENT CONTRACTOR STATUS
The Engineer and the City agree that the Engineer shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement
and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the
manner in which the Services are to be performed. During the performance of the Services under this
Agreement, the Engineer and the Engineer's employees and/or sub -consultants, 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.
Page 3 of 10
ARTICLE VIII. INSURANCE
The Engineer shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form
and substance satisfactory to the City, carried with an insurance company authorized to transact business
in the state of Texas, covering all aspects and risks of loss of all operations in connection with this
Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall
obtain and maintain in full force and effect during the tern of this Agreement, and shall cause each
approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect
during the term of this Agreement, commercial general liability, professional liability and automobile
liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the
state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for
Professional Liability, the policies will be written on an occurrence basis, subject to the following
minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $2,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation
Per Occurrence Single Limit: $500,000
The Engineer shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including
without limitation, Professional Liability coverage, protecting the City against losses caused by the
professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a
primary and noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall
provide a Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Page 4 of 10
Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement
and shall comply with all provisions of Title 5 of the Texas. Labor Code to ensure that the Engineer
maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in
lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of
subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof,
the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in
breach hereof and all work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall
be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Agreement and the discovery period (possibly through tail
coverage) shall be no less than 10 years after the completion of the Services provided for in this
Agreement. The provisions of this Article Vill shall survive the termination or expiration of this
Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Engineer may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit
[insert correct value], attached hereto, under this Agreement, provided that the City approves the retaining
of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as
provided in this Agreement and the Engineer is in no event relieved of any obligation under this
Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained
and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit
of the City and the Engineer and naming said third parties as additional insureds, insurance as described
above required to be carried by the Engineer in this Agreement.
The Engineer represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
The Engineer shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the City, unless otherwise required by law.
Page 5 of 10
ARTICLE XI. INDEMNITY
THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT
OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS
AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE,
OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED
HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XIL COMPLIANCE WITH APPLICABLE LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required
or permitted by this Agreement and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other 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 parry at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are:
Freese and Nichols, Inc
Nicholas Lester, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Telephone: 817-735-7393
Facsimile: 817-735.7491
Page 6 of 10
C. City's Address. The City's address and numbers for the purposes of notice are:
Josh Kristinek, P.E.
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: 806-775-3397
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Agreement, and
setting forth such new address or numbers. The address or numbers shall become effective on the ISth
day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to the Engineer's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Engineer's Services
under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as
such reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall
not be given any effect in construing this Agreement.
B. Audit. The Engineer shall provide access to its corporate books and records to the City. The
City may audit, at its expense and during normal business hours, the Engineer's books and records with
respect to this Agreement between the Engineer and the City.
C. Records. The Engineer shall maintain records that are necessary to substantiate the services
provided by the Engineer.
D. Assignability. The Engineer may not assign this Agreement without the prior written approval
of the City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the
Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in
the case of the Engineer, its permitted successors and assigns.
Page 7 of 10
F. Construction and Venue
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK
COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE
AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this
Agreement and the application of such provision to persons and/or circumstances other than those with
respect to which it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall
be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the Engineer and the City.
1. Entire Agreement. This Agreement, including Exhibits "A", Parts 1-3 through "B", Parts I-3
attached hereto, contains the entire agreement between the City and the Engineer, and there are no other
written or oral promises, conditions, warranties, or representations relating to or affecting the matters
contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply ajoint venture, joint
enterprise, partnership or principal — agent relationship between the Engineer and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has
been compensated as set forth in Article 11, above. The Engineer shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving party's rights with respect to any other or
subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than the City and the Engineer.
Page 8 of 10
N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City
will terminate the Agreement, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the services covered by
this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time
funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the
Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and
the City shall not be obligated under this Agreement beyond the Non -Appropriation Date.
O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is
identified by The Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization.
P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (it) it does
not boycott Israel and will not boycott Israel during the term of the contract resulting from this
solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its
Response.
Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if
the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter L Chapter 552, Government Code applies to this agreement, Contractor agrees
to: (I ) preserve all contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to
the governmental body any contracting information related to the contract that is in the custody or
possession of the entity on request of the govemmental body; and (3) on completion of the contract,
either: (A) provide at no cost tothe governmental body all contracting information related to the contract
that is in the custody or possession of the entity; or (B) preserve the contracting information related to the
contract as provided by the records retention requirements applicable to the governmental body.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 9 of 10
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
Rebe ca Garza, City Secret. ry
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., CFM, Division
Director of Engineering/City Engineer
Josh :risti tek, P.E., Assistant City
Engineer— apital Projects and Design
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
(Jlv�
DANIEL M. POPE, MAYOR
Firm
Freese and Nichols, Inc.
By: �tGf.�Gco 1�
Nicholas Lester, P.E
Vice President/Principal
Page 10 of 10
EXHIBIT A
SCOPE OF SERVICES FOR:
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION 42 IMPROVEMENTS
ENGINEERING DESIGN SERVICES
General:
Due to upgrades to the wastewater treatment process and changes in pumping operations at the Effluent
Pump Station N2 (The "Project"), the City of Lubbock would like to upgrade the Pump Station to be
equipped with new pumps, valves, piping and variable frequency drives to increase the pump station
efficiency and reduce energy costs. In addition to adding VFDs, a condition assessment will need to be
conducted to determine the other mechanical, structural, electrical and HVAC improvements required to
bring the Pump Station up to current codes and meet the pumping capacity requirements.
A. The Project's primary objectives will consist of the following:
1. Condition Assessment & Memo - Evaluate existing electrical, hydraulic, mechanical, structural
and HVAC systems to identify if they can support the facility's capacity and code requirements.
Condition assessment will include a hydraulic analysis to aid in efficient pump selection in the
design phase. A memo will summarize results of the Condition Assessment and provide
conceptual design solutions and Opinion of Probable Construction Cost (OPCC) to improve the
facility.
B. The following are not part of the Project:
1. Assessment of or modifications to existing facilities at the SEWRP other than the Effluent
Pump Station No.2.
2. Geotechnical Investigation is not included in the scope.
3. Survey and SUE is not included in the scope.
4. General Representation is not included in the scope.
S. Resident Project Representation (RPR) is not included in the scope.
6. Final design of recommended improvements and production of construction documents.
7. Bid phase services.
FNI Professional Agreement Page 1 of 12
Basic Services: The Basic Services include the project administration, condition assessment, preliminary
design report, preparation of final design as set forth herein, construction documents, and construction
bid and award services. ENGINEER shall render the following professional services in connection with the
development of the Project:
A. Kick -Off Meeting and Project Management General Scope: ENGINEER will provide the following
as part of the preliminary and final design phase of The Project:
1. Attend a kick-off meeting to clarify the City's requirements for the Project, review pertinent
data, review Project staffing and organization, and present the initial work plan and schedule.
Prepare and distribute minutes of the meetings. All in -person meetings provided for in this
Agreement shall occur at the offices of the OWNER, or other location determined by the
OWNER.
2. Provide administration and management of The Project. Review ongoing activities. Monitor
schedule and budget. Review progress with OWNER on a regular basis. Discuss issues with the
OWNER as they are noted.
3. Provide monthly update reports which include the following:
-Status of the work
*Major tasks to be completed in the next month
-Discussion of major issues
-Scope changes to project scope or Engineer's scope
•Project budget update (if major changes since the last update)
*Project schedule update (if major changes since the last update)
-Status of deliverables
2. Summary of In -Person Meetings for Kick -Off Meeting and Project Management General Scope
Phase (1 in total):
a. Kick-off meeting with PM, APM and Electrical Design Lead.
B. CONDITION ASSESSMENT & MEMO: ENGINEER will provide the following as part of the condition
assessment & preliminary design phase:
1. Assess the facility's existing electrical, hydraulic, mechanical, and HVAC systems to
identify if they can support the facility's capacity and code requirements. Condition
assessment will include a hydraulic analysis to aid in efficient pump selection in the
design phase. The results of the condition assessment will be summarized in a Memo.
FNI Professional Agreement Page 2 of 12
The memo will also include preliminary pump selection, general operating requirements
of the pump station, and preliminary electrical equipment selection.
2. Evaluate alternatives and recommend design for electrical improvements, including use
of the existing electrical room and construction of a separate electrical building on -site.
3. Evaluate alternatives and recommend designs for the project facilities, including major
equipment selections, piping and valve improvement, HVAC improvement, site and
grading modifications, preliminary electrical layout and one -line diagrams, P&ID's, and
equipment tagging schedules, and generator sizing analysis. Generator sizing analysis will
assess whether the existing generator will be able to operate two of the proposed pumps
and VFDs in an emergency scenario.
4. Reconnaissance -level opinions of probable construction cost for the recommended
facilities.
S. Prepare and submit electronic copies of a draft condition assessment memo for review
by the OWNER. The memo will include design criteria, codes and standards, evaluation
of alternatives, layouts, equipment selections, and cost estimates as described above.
The report will also include the project phasing, schedule, permitting requirements, and
zoning requirements (if any).
6. Attend a meeting to receive comments from the OWNER on the condition assessment
memo. Prepare and distribute minutes of the meeting. Make modifications to the report
to address the OWNER's comments and submit 3 copies of the final version of the memo.
7. Summary of In -Person Meetings for Condition Assessment Phase (2 in total):
(a) Site Visit Condition Assessment with Senior Advisor, PM, APM Electrical Design
Lead, and HVAC Design Lead.
(b) Memo comment review meeting
C. STRUCTURAL CONDITION ASSESSMENT & MEMO CONTRIBUTION: ENGINEER will provide the
following as part of the condition assessment & preliminary design phase:
8. Assess the facility's existing structural condition to identify if it can support the facility's
capacity and code requirements. Condition assessment will include assessment of the
wet well and building structure to aid in Improvement recommendations to include in the
design phase. The results of the condition assessment will be summarized in the same
Memo as the rest of the condition assessment findings.
FNI Professional Agreement Page 3 of 12
9. Evaluate alternatives and recommend design for structural improvements.
10. Reconnaissance -level opinions of probable construction cost for the recommended
structural improvements.
11. Summary of In -Person Meetings for Structural Condition Assessment Phase (1 in total):
(a) Site Visit Condition Assessment with senior structural engineer.
Special Services: There are no special services in connection with The Project.
FNI Professional Agreement Page 4 of 12
EXHBIT A, PART 2, ADDITIONAL SERVICES
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION p2 IMPROVEMENTS
ENGINEERING DESIGN SERVICES
Various ADDITIONAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC
ENGINEERING SERVICES, which may be performed or arranged for separately by the Owner, or may be
added to the Engineer's responsibilities by mutual agreement and written authorization include, but are
not necessarily limited to, the following:
(1) Survey and SUE of the pump station site.
(2) Geotechnical Investigation of the pump station site.
(3) Assessment of or modifications to existing facilities at the SEWRP other than the Effluent
Pump Station No.2.
(4) Topographic survey and sub -surface utility engineering (SUE) of areas outside of the
Effluent Pump Station No 2 site.
(5) Environmental evaluation and permitting;
(6) Provide land acquisition services, including appraisals and attend condemnation hearings;
(7) Furnish construction plans and specifications in excess of those specified;
(B) Perform temporary flow monitoring required to evaluate flows;
(9) Provide additional borings which may be occasioned by the depth to rock being deeper
than anticipated or because of changes in geological conditions which necessitate
additional evaluation to properly define the stratigraphic conditions;
(10) Provide borings through rock strata;
(11) Preparation of a Pre -Construction Notification or an Individual Section 404 permit
application for submittal to the U.S. Army Corps of Engineers (USAGE);
(12) Preparation of a Jurisdictional Determination (JD) Report or a request for a USACE JD;
(13) Presence/absence surveys for federally listed threatened/endangered species;
(14) Conducting cultural resources studies or surveys;
(15) Phase 1/II Environmental Site Assessments;
(16) Preparation of a Storm Water Pollution Prevention Plan (SWPPP);
(17) Assist the City in procurement of state or federal funding;
FNI Professional Agreement Page 5 of 12
(18) Provide any other services otherwise excluded in this AGREEMENT but customarily
furnished in accordance with generally accepted engineering practices;
(19) In -person monthly progress meetings;
(20) General and/or Resident Representation during construction; and
(21) Design of new diesel back-up generator system for Effluent Pump Station No. 2.
(22) Final design of recommended Improvements and production of contract documents.
(23) Rid phase services.
FNI Professional Agreement Page 6 of 12
EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION 42 IMPROVEMENTS
ENGINEERING DESIGN SERVICES
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as
not to delay the services of FNI:
A. Owner recognizes and expects that certain Change Orders, herein so called, may be
required.
Any responsibility of Engineer for the costs of Covered Changed Orders will be determined
on the basis of applicable contractual obligations and professional liability standards. For
purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders
will not include:
• any costs that Owner would have incurred if the Change Order work had been
included originally in the Contract Documents and its lack of inclusion was not due,
in whole or in part, to any fault, error, or omission of Engineer related thereto,
• Any costs that are due to unforeseen site conditions, or
• Any costs that are due to changes made by the Owner.
• Any costs that are incurred due to the negligence of the construction contractor
Wherever used in this document, the term Engineer includes Engineer's officers, directors,
partners, employees, agents, and Engineers Consultants.
B. Designate in writing a person to act as Owner's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define Owner's policies and
decisions with respect to FNI's services for the Project.
C. Provide all criteria and full information as to Owner's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards which Owner will require to be included in the drawings and
specifications.
D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project as provided in this AGREEMENT.
FNI Professional Agreement Page 7 of 12
E. Arrange for access to and make all provisions for FNI to enter upon public and private
property as required for FNI to perform services under this AGREEMENT.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as Owner deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
FNI.
G. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project, except as otherwise the responsibility of FNI as provided in this
AGREEEMENT.
H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware
of any development that affects the scope or timing of FNI's services.
I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if
deemed necessary by Owner.
J. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3.
K. Provide the following services, unless provided specifically otherwise in this Agreement:
a. Provide land acquisition services.
b. Pay all permits fees and mitigation cost.
c. Provide land title research and title policy.
d. Provide advertisement for bids in local publications as required.
FNI Professional Agreement Page 8 of 12
EXHIBIT B, PART 1—BUDGET
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION 62 IMPROVEMENTS
ENGINEERING DESIGN SERVICES
CITY and ENGINEER have established a not -to -exceed budget of $139.119 to complete all
services under this AGREEMENT. This amount will not be exceeded without a contract
amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on
ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsullant services will be billed at
cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of
ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree
to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the
needed services within the not -to -exceed budget.
ENGINEER agrees to complete these services as delineated above. Should there be a Change in
Scope of Work or Time of Performance, then this can result in an amendment to this contract
which shall be negotiated at that time.
The budget assumes that all work will be completed within 540 calendar days from the Notice to
Proceed.
FNI Professional Agreement Page 9 of 12
City of Lubbock
SEWRP Effluent Pump Station No.2 Improvements
Scope - Engineering Design Services
Detailed Cost Breakdown
Exhibit B, Part 2
Phase Description
Fee
1 Kick -Off Meeting & Project Management
$
13,943
2 Condition Assessment & Preliminary Design
$
110,190
3 Structural Condition Assessment & Preliminary Design
$
14,986
Total
$
139,119
FNI Professional Agreement Page 10 of 12
EXHIBIT B, PART3, HOURLY RATE SCHEDULE COMPENSATION
SOUTHEAST WATER RECLAMATION PLANT (5EWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
ENGINEERING DESIGN SERVICES
LUBBOCK RATE SCHEDULE
COMPENSATION
Compensation to FNI for Basic Services In Attachment Sc shall be computed on the basis of the following Schedule of Charges, but
shall not exceed Eighty Two Thousand Nine hundred Eighty Nine Dollars($339,119).
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. FNl will pouf, OWNER for OWNER'S approval before proceeding. Additional
Services shall be computed based on the following Schedule of Charges.
l!"
Moppet/Group Manager
305
Technical Professional-6
293
Technical Professional-5
23e
Technical Professional - A
200
Technical Professional-3
123
Technical Professional-2
152
Terholcal Professional-1
12S
CAOTechnician/Deslgner-3
10
CAD Teenician/Designer-2
126
CADTecbmcian/Dnigner-1
100
Senior CAD Technician/Designer
207
Construction !Anger- 4
165
Construction Manager-3
135
Construction Merger-2
128
Construttlon Manager-1
1W
Corporate Prolett Support- 3
10
Corporate Proleat Support - 2
126
Corporate Project Support 1
96
Intern/Coop
for
65
Rates In -House Sery ce
TechroloryCharge
$8,50 per hour
Bulk Prnine antl Rmmil,00n
A"
C^lar
5.11 Format Nor copy)
$0.10
Smz
Imel
large Format Uses sq.
N.)
Standard IRS Rates
bond
$0.25
$0.75
Glossy/Mylar
$0JS
51,25
Vinyl/Adhesive
$1.50
$1.0D
Wonting (Pw sq. A.)
52.00
binding Raw bimaNd
San
OTHERDIRECTE%PENSE£
Otherill ect expenses are reimbursed at actual cost times a multlpllef of 1.10, They include outside printing and reproduchon
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 analysts, test, and other work required to be done by
Independent persons other than staffmembers. For Resident Representative servlces performed by non-FNI employees and CAD
servlces performed In house by non PAR employees where FNI provides workspace and equipment to perform such services, these
servlces will be billed at cast tl roes a multiplier of 2.0. This markup approximates the cost to FNI If an FNI employee was performing
the same or similar services.
Ratan to be adjusted no one than 5%..dealt,
FNI Professional Agreement Page 11 of 12
e
Cheryl Brock
Changed On
Description
Before
After
ON102020
Budget Amount for Goods Sr
Inonel
$139,11900
O lWG20
Approved User ID
[done]
Brock, Cheryl
O lM020
Completed
No
Yes
06110/2020
Complete Date
jnode]
6/10/2020
06/1011
Item Review Status ID
Under Review
Approved
061102020
Passed
No
Yes
06/102020
StatusChargedDate
(n va l
6/102020
Jesica McEachern
Changed On Description
00I032020 Plan Description
06/032020
Approved User ID
Ofil 020
Completed
O6A)32020
Complete Date
06/11)1
Item Review Status ID
D61032020
Passed
061032020
StaWSChange hate
Before After
Current Balance
Costof Good/Services
Additional Info
$250.00000
$139119.00
Plan(PUR-2020-15208)
$250,000.00
$139,119.00
Item Review (Budget Director)
$250,000.00
$139,119.00
Item Review (Budget Director)
$250.000.00
$139.119.00
Item Review (Budget Director)
$250,000.00
5139,119.00
Item Resew (Budget Director)
$250,000.00
$139.119,00
Item Raw. (Budget Director)
$250.000.00
$139.119.00
Item Review (Budget Diredm)
The City of Luti
The City of Lobbed is requesting
is recuesting
proposals from experienced engineering
proposals from
consultants for study. design. and bid
external
phase seances for the upgrade of the
eceineering
Southeast Water Reclamation Plant
consultants for
Effluent Pump Station f2 Capital
study. design. and
Improvements Project.
bid phase services
for the upgrade of
the Southeast
Water Reclamation
Plant Effluent
Pumps Station 412
Capital
Improvements
Project.
[none]
MCEachem, Jesica
No
Yes
[none]
61M020
Under Review
Approved
No
Yes
morel
OW020
Lainey Morrison
Changed On Description
Before
After
OMOQ020 Attachment added
021=020 Approved User ID
(none)
Morrison, Lainey
02/202020 Completed
No
Yes
02202020 Complete Date
[none]
D20/2020
Current Balance Costof GOOd/Servina8 Atlditionallnfo
$250.000.00
$250.WTD0
5250,00000
$250.000.00
$250.000.00
$250.000.00
$250.000.00
$139.119,00
$139,119.00
$/39.119c(l
5139.119.00
$139,119.00
$139,119.00
$1391
Currant Balance Cost of GootllServices
$250,000.00
5139,11900
$250,00000
5139,11900
$260,000.00
$139,119.00
$250,000.00
5/39.119.00
Plan (PUR-2020-1K08)
Item Review (Assistant City ManagerlCFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Additional Info
Attachment(10001 PSA inti l)
Item Review (Risk Management Coordinato0
Item Review (Risk Management Coordinator)
Item Review (Risk Management Coordinator)
Jude 17. 2020 Page i of 2
OMWO20
Item Review SWWS ID
Under Review
Approved
$250,0WOK)
S139,119.00
Item Review(Risk
Management Coortlinator)
OMOM020
Passed
No
Yes
$250,000.00
$139,119.00
Item
Review (Risk
Management Coordinator)
02202020
StatusCnangedDate
[none]
220I2020
$250.000.00
$139.119.00
Item
Review (Risk
Management Coortlinator)
OW112020
Approved User ID
[none]
Monison, lalney
$250,000AI)
$139119.00
Item
Review (Risk
Management Coordinato0
W112020
Completed
No
Yes
5250,000.00
$139,119.00
Item
Review (Risk
Management Coordinator)
001112020
Complete Date
[none]
W1112020
$250,000.00
$139,119,00
Item
Review (Risk
Management Coordinator)
O&I12020
Item Review SWlps ID
Under Review
Approved
$250,000.00
$139,119.00
Item
Review (Risk
Management Coordinator)
Ofi/112020
Passed
No
Yes
$250,000.00
$139,119.00
Item
Review (Risk
Management Coordinator)
OW112g20
StatusCnangeciDate
[none]
W1112020
$250,000.00
5139.119.00
Item
Review(Risk
Management Coordinator)
June 17.2020
Page 2 of 2