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HomeMy WebLinkAboutResolution - 2020-R0274 - Professional Services Agreement 15387, Freese and Nichols, Inc.Resolution No. 2020-RO274 Item No. 7.7 August 25, 2020 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, Professional Services Agreement Contract No. 15387 for Vintage Township Drainage Improvements, by and between the City of Lubbock and Freese and Nichols, Inc., a Texas corporation, and related documents. Said Agreement 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 _ August 25, 2020 100-� DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secre APPROVED AS TO CONTENT: Assistant City Manager APPROVED AS TO FORM: IG K Ili Leisure, Assistant City Attorney ccdocs.RES.Agrmt No 15387 Vintage Township Drainage Improvements July 22, 2020 Resolution No. 2020-RO274 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15387 is entered into this 25th day of August , 2020, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Vintage Township Drainage 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 eighteen (18) months. 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 I of 10 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A, Parts 1&2", 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 $141,500.00 as set forth in Exhibit "B, Parts 1 &2". 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 terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other 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", attached hereto and made a part hereof. ARTICLE VII. 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 Page 3 of 10 related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the 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: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 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. Page 4 of 10 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 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 Vlll shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 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. 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 XII. 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 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. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: FREESE AND NICHOLS, INC. Heather Keister, P.E. 1500 Broadway Street, Suite 1150 Lubbock, Texas, 79423 Telephone: 806-686-2706 Facsimile: 817-73 5-7491 C. City's Address. The City's address and numbers for the purposes of notice are: Jonathan Dimas City of Lubbock P.O. Box 2000 1314 Avenue K, Floor 7 Lubbock, Texas 79457 Telephone: 806-775-3254 D. Change of Address. Either parry may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall 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. Page 7 of 10 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. 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. I. Entire Agreement. This Agreement, including Exhibits "A, Parts 1&2" through "B, Parts 1&2" 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. Page 8 of 10 J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal —agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry'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. 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 (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: Rebe a Garza, City Secreta APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO CONTENT: Joss} istinek, f E., Assistant City Engineer/Capital Projects and Design APPROVED AS TO FORM: Whi K lli Leisure, Assistant City Attorney Firm Freese and Nichols, Inc. VA Joh F. Dewar, P.E. Page 10 of 10 EXHIBIT A SCOPE OF SERVICES FOR: DESIGN OF VINTAGE TOWNSHIP DRAINAGE IMPROVEMENTS GENERAL: Engineer Services for Design of Vintage Township Drainage Improvements (the "Project") The SWMP team completed a preliminary concept design for drainage improvements near the intersection of 1171h Street and Trafalgar Avenue. The purpose of the proposed drainage improvements was to provide inlet and pipe capacity to improve local flooding conditions in smaller, frequent storm events. The SWMP team created an ICPR model, concept level (30%) design, and preliminary cost estimate and summarized the recommended design in a memo. The memo has been included as Figure 1. The purpose of this project is to prepare final engineering design documents, survey, SUE and geotechnical investigation to support the design and bid phase services. Construction phase services including engineer of record, resident project representative and onsite inspection may be added by amendment in the future. BASIC SERVICES: The Basic Services include the Design and Bid Phase services for Design of Vintage Township Drainage Improvements. Engineer (FNI) shall render the following professional services in connection with the development of the Project: Preliminary Engineering (30%) 1) Pre -Design Conference — Meet with CITY engineering staff to review Project requirements, design criteria, communication procedures, Project scheduling, personnel, and other pertinent matters that may impact the Project. Additional meetings will be scheduled monthly throughout the length of the Project. 2) Survey and Geotechnical Coordination — Coordinate with surveyor, SUE and geotechnical driller to obtain design survey, existing utility information, and geotechnical information for project area. 3) Coordinate with utility companies to locate critical utilities and coordinate with surveyor to obtain survey information of those utilities. Deliverables: ENGINEER will submit roll plot showing preliminary layout of proposed improvements and construction estimate to the CITY for review along with a CD/DVD/USB containing PDFs of all documents. Preliminary Engineering (60%) 1) Utilizing information obtained from the data collection and the field survey, ENGINEER will prepare preliminary engineering plans with a submittal at sixty percent (60%) completion. The preliminary engineering design phase will include the following: Page 1 of 8 a. Location of existing utilities, infrastructure, buildings, property lines, landscaping, and other pertinent information. b. Establish preliminary horizontal and vertical alignments for proposed improvements. c. Delineate drainage areas and make evaluations as to the extent of drainage facilities required for the project. d. Revise the ICPR model to match the proposed design. e. Verify that there are no right-of-way or easement needs and that the proposed improvements are located inside existing right-of-way or easements. Right-of-way and/or easement acquisition shall be considered an additional service. f. Determine any conflicts with private property including fences, mailboxes, driveways, sidewalks, landscaping, etc., and provide preliminary replacement or alternate design options if required. g. Sheets to be provided at 60% Design Submittal: i. Cover Sheet ii. Horizontal Control iii. Roadway Plan and Profile iv. Typical Sections v. Drainage Area Map vi. Drainage Calculations (inlet & drainage area calculations) vii. Inlet/Headwall Design viii. Storm Drain Plan and Profile ix. Grading Plan x. Demolition Plan A. Details 2) Prepare updated estimated construction quantities and opinion of probable construction costs for sixty percent (60%) submittal. Present any potential alternatives, which may provide cost savings to the CITY. 3) Meet with the City after the 60% design comments have been. Provide comment / response / resolution list for City comments during the 60% design. Deliverables: ENGINEER will submit two (2) half size (11" X 17") sets of preliminary plans, specs, and construction estimate to the CITY for review along with a CD/DVD/USB containing PDFs of all plans and documents. Final Engineering 1) Final Engineering Design — Incorporating comments from the CITY, franchise utilities, and other interested parties, prepare final engineering plans and specifications with submittals at ninety percent (90%) and one -hundred percent (100%) completion. The final engineering design phase will include the following: Page 2 of 8 a. Revise and complete previously prepared drawings and provide comment/response/resolution list for City comments provided during Preliminary Engineering Design (60%) b. Revise ICPR model and calculations per design for 90% and Final design plans. c. Prepare final construction sequencing, traffic control and access plans. d. Prepare erosion control plans to comply with CITY and any federal, state, or local requirements. e. Prepare additional details as required not included in the City's standard details. f. Sheets to be included at 90% and Final Plans: L All sheets mentioned previously ii. General Notes Sheet iii. Traffic Control Plan iv. Erosion Control Sheets v. Special Details (if required) 2) Prepare updated estimated construction quantities and opinion of probable construction costs. 3) Prepare and give presentation of proposed improvements for affected neighborhood. Deliverables: ENGINEER will submit two (2) half size (11" X 17") sets of preliminary plans, specs, and construction estimate to the CITY for review along with a CD/DVD/USB containing PDFs of all plans and documents. Bid Phase Services Bid notification will be distributed electronically through the CITY'S system (BidSync) to prospective bidders. Bid Process — ENGINEER will assist the CITY with the bidding process as follows: 1) Provide bidding documents to City's BidSync system and upload to FNiManager for prospective bidders. 2) Attend pre -bid conference. 3) Address questions from the proposed bidders during the bidding process and issue addenda as necessary, in coordination with the CITY. 4) Attend the bid opening and assist the CITY in tabulating and analyzing bids received. Assist the CITY with reference checks and provide recommendation on the award of the contract to the lowest qualified bidder. SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: FNI shall render the following professional services, which are not included in the Basic Services described above, in connection with the development of the Project: Page 3 of 8 1) Survey Establish horizontal and vertical survey control and perform topographic survey to establish base maps depicting existing topographic features, right-of-way limits, drainage/hydrologic features within the existing 117t" Street ROW for the limits of the described project 2) Subsurface Utility Engineering (SUE) a. SUE work required for this project will be performed in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: b. Quality Level D (QL"D") — Information derived from existing records. c. Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above -ground utility features (i.e. valves, hydrants, meters, manhole covers, etc.). d. Quality Level B (QL"B") — Two-dimensional (x, y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level provides the horizontal position of subsurface utilities within approximately one foot. e. Quality Level A (QL"A") — Also known as "locating", this quality level provides precise three dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. f. For this project, QL"B" SUE services as defined above will be provided. There will be five (5) QL "A" test holes on utility lines as needed or requested by CITY. 3) Geotechnical Exploration a. Subsurface Exploration i. Select and mark 3 boring locations along 117th Street and notify Texas 811 and appropriate City department(s) to request location and marking of existing underground utilities prior to the field exploration. ii. Exploratory core borings will be drilled within the roadway, which will require closing one traffic lane during drilling. Traffic control including flagmen will be utilized to route vehicles around the lane closure. Obtain ROW permit for drilling in roadway. iii. Subcontract with a geotechnical drilling contractor to drill a total of 3 borings to a depth of about 20 feet each. Samples will be collected using continuous flight augers and either split -spoon or tube samplers. Rock, if encountered, will be tested insitu using a TxDOT Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be backfilled with auger cuttings and the road surface patched. iv. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). b. Laboratory Testing L Testing will be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. Page 4 of 8 ii. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test types and quantity may vary, but are expected to include: 1. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) 2. Moisture content 3. Dry unit weight 4. Unconfined compressive strength 5. Soluble sulfate content and Lime Series pH c. Engineering Analysis — Prepare a technical memorandum summary of the geotechnical investigation to include: L Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. ii. Discussion of subsurface conditions and soil properties indicated by the field and laboratory data. iii. General discussion of expected construction related issues. iv. Earthwork related recommendations for use during development of plans and specifications. d. Design Support -The geotechnical group is available to provide support during design, on an as -needed basis. The fee includes 8 hours of consulting time for these services. If included in the fee, we recommend that these hours be included in the design portion of the fee and not listed with the geotechnical services fee. TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services within eighteen (18) months. 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. In the event FNI asserts that it is entitled to additional time, it shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of the Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event. In the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled to relief from schedule as provided in this AGREEMENT. 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, except any delays occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays may result in an adjustment to compensation. Page 5 of 8 EXHIBIT A, PART 2, ADDITIONAL SERVICES DESIGN OF VINTAGE TOWNSHIP DRAINAGE IMPROVEMENTS ADDITIONAL SERVICES: Additional project administration and design services to be performed by FNI, if authorized by Owner, which are not included in the above described General Service, Basic Services, and Special Services, are, except as may otherwise be provided by FNI, described as follows: 1) Easement Documents Perform necessary surveying operations for the identification and delineation of right-of-way and easement parcels. Easement Documents shall include the following: a. Prepare metes and bounds descriptions for the acquisition of all right-of-way necessary for the construction of the Project. Submit three (3) copies of right-of-way documents to the CITY at the sixty percent (60%) plan submittal. b. Establish proposed easement and right-of-way corners on the ground (one-time). c. Provide Right -of -Way Map showing properties with ownership and include existing and proposed right-of-way and easements. d. Provide Right -of -Way staking at 100 ft stations and property corners for franchise utility relocation purposes (up to one time per location)). No property corners will be set as boundary survey of individual lots will not be completed. Easements shall be staked. 2) Environmental Investigation 3) Public Involvement 4) Construction phase services Page 6 of 8 EXHIBIT B, PART 1— BUDGET DESIGN OF VINTAGE TOWNSHIP DRAINAGE IMPROVEMENTS CITY and ENGINEER have established a not -to -exceed budget of $100,500 for Basic Services and $41,000 for Special Services for the Vintage Township Drainage Improvements Project, to complete all services underthis AGREEMENT. This amount will not be exceeded without a contract amendment agreed upon and executed by both parties to this agreement. CITY will pay the ENGINEER hourly, for services identified in Exhibit "A, Part 1", based on ENGINEER'S Fee Schedule presented as EXHIBITS B, Parts 1-2. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT is provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Activities and 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 or modification for extension on time to this AGREEMENT which shall be negotiated at that time. The budget assumes that all work will be completed within 18 months from the Notice to Proceed. Page 7 of 8 EXHIBIT B, PART 2 - HOURLY RATE SCHEDULE COMPENSATION ENGINEER SERVICES FOR NORTHWEST LUBBOCK DRAINAGE IMPROVEMENTS, PHASE 3 CONSTRUCTION, RPR SERVICES Bii i Principal / Group Manager 305 Technical Professional - 6 293 Technical Professional - 5 234 Technical Professional -4 200 Technical Professional -3 173 Technical Professional - 2 152 Technical Professional -1 125 CAD Technician/Designer - 3 168 CAD Technician/Designer - 2 126 CAD Technician/Designer -1 100 Senior CAD Technic! an/Designer 207 Construction Manager - 4 165 Cons tructi on Ma na get - 3 135 Cons tructi on Ma na get - 2 128 Construction Manager -1 100 Corporate Project Support - 3 140 Corporate Project Support - 2 126 Corporate Project Support -1 96 Intern/ Coop Rates for In -House Services Bulk Printing and Reproduction 65 Technology Charge $8.50 per hour B&W Color Small Format (per copy) $0.10 $0.25 Travel Large Format (per sq. ft.) Standard IRS Rates Bond $0.25 $0.75 Glossy/Mylar $0.75 $1.25 Vinyl /Adhesive $1.50 $2.00 Mounting (per sq. ft.) $2.00 Binding{per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expenser 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 bebilledatcost timesamultiplier of2.0. This markup approximates the cost toFNlifanFNI employeewasperforming the same or similar services. Rates to be adjusted no more than 5% annually LUB E Page 8 of 8