HomeMy WebLinkAboutResolution - 2020-R0351 - Amendment #1 to Contract 14395 with Freese and Nichols, Inc.Resolution No. 2020-RO351
Item No. 6.9
October 13, 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, Amendment No. 1 to that certain Agreement Contract No.
14395 dated May 14, 2019, for services related to Low Head C Pump Station, by and between
the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Amendment is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on October 13, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secr
APPROVED AS TO CONTENT:
Assistant City Manager
APPROVED AS TO FORM:
f
Kelli Leisure, Assistant City Attorney
ccdocs/RES.Amend # I Agrmt 14395 Low Head C
09.18.20
Resolution No. 2020-RO351
Amendment 1
To Agreement Between
The City of Lubbock, TX
And
Freese and Nichols, Inc.
THIS 1S THE FIRST AMENDMENT TO THE AGREEMENT Contract No. 14395 dated and entered
into the 141h day of May 2019 by and between the City of Lubbock ("City") and Freese and Nichols, Inc.
("Engineer"), a Texas Professional Corporation, for providing engineering services related to Low Head
C Pump Station ("Project").
WITNESSETH:
WHEREAS, the City desires to increase the scope of the work to be performed by Engineer on the
Project. The new scope shall include: construction phase engineering services on the Project for an
amount not to exceed one million eight hundred forty-nine thousand five hundred fifty-nine and N01100
($1,849,559.00). The details of work to be performed and associated additional fees are set forth in
Exhibits "A (Parts 1-3)" and Exhibit "B" respectively, attached to and incorporated herein. The Engineer
shall have an additional 730 days to complete the services included herein.
WHEREAS, all other portions of the original Agreement and previous Amendments, if any, shall remain
in place and are not altered by this amendment.
NOW, THEREFORE, the City and Engineer agree to the terms of this FIRST AMENDMENT:
IN WITNESS HEREOF, the parties have executed this Agreement as of this 13th day of October
2020.
CITY OF LUB `K
Daniel M. Pope, Mayor
ATTEST:
Reb cca Garza, City Secre
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
Amendment 1 — Low Head C. Pump Station
Joc stink, P.E., ssistant City Engineer/Capital Projects and Design
APPROVED AS TO FORM:
lli Leisure, Assistant City Attorney
FREESE AND NICHOLS, INC.
By: A)tc�� iWlln
Nicholas Lester, P.E., Vice President/Principal
Amendment 1 — Low Head C Pump Station
EXHIBIT A
SCOPE OF SERVICES FOR:
LOW HEAD C PUMP STATION
GENERAL AND RESIDENT REPRESENTATION
GENERAL:
A. Low Head C Pump Station General and Resident Representation (The "Project") includes the following
facilities:
1. Two Bid Packages:
a. Bid Package A - Low Head C (LHC) Pump Station
i. Low Head C Pump Station (LHC) with a capacity of approximately 15 MGD expandable to 30
MGD in the future, sharing the site of the City's existing Pump Station 14 facility and an existing
5-million-gallon ground storage tank. The LHC pump station will feature horizontal split -case
pumps operated with variable frequency drives, venturi flow meters on the discharge side of
each pump, and a bridge crane.
ii. LHC Suction piping tie-in to existing site yard piping and discharge piping tie-in to the proposed
Low Head C Pipeline.
iii. LHC Site grading, fence repair/replacement, and concrete paving.
iv. Low Head C Pipeline tie-in to existing piping near Upland Avenue and 2611 street.
b. Bid Package B - Low Head C (LHC} Pipeline
i. 4.5 miles of 36-inch diameter Low Head C Pipeline.
ii. Low Head C Pipeline tie-in to existing Bailey County pipeline near Upland Avenue and 261
street including motorized butterfly valves and associated SCADA and electrical.
iii. Low Head C Pipeline tie-in to proposed LHC Pump Station yard piping.
iv. Pavement repair/replacement
B. The following facilities are not part of the Project.
1. Electrical substations or power transmission lines to the sites, which will be designed and
constructed by the electric utility company. The project will tie onto the secondary side of the
substations and/or power service facilities.
2. Chemical room/facilities/equipment.
3. Restroom in LHC pump station building.
FNI Professional Agreement Page 1 of 17
4. Offsite facility upgrades
S. Ground storage tank.
BASIC SERVICES: The Basic Services include the project administration, preliminary investigations and
reports, preparation of detailed design as set forth herein, construction documents, construction bid and
award services, construction phase services, resident representation services during construction, startup
services, and commissioning. ENGINEER shall render the following professional services in connection with
the development of the Project:
A. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed
with the performance of construction phase services as described below. FNI will endeavor to protect
Owner in providing these services however, it is understood that FNI does not guarantee the
Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures
of construction selected by the Contractor, or any safety precautions and programs relating in any way
to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
responsible for the acts or omissions of any person (except its own employees or agents) at the Project
site or otherwise performing any of the work of the Project.
1. Assist Owner in conducting pre -construction conference(s) for each bid -package, with the
Contractor's), review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and prepare a proposed estimate of monthly cash
requirements of the Project from information provided by the Construction Contractor.
2. Establish communication procedures with the Owner and contractor. Submit monthly reports
of construction progress. Reports will describe construction progress in general terms and
summarize project costs, cash flow, construction schedule and pending and approved contract
modifications.
3. Establish and maintain a project documentation system consistent with the requirements of
the construction contract documents. Monitor the processing of contractor's submittals and
provide for filing and retrieval of project documentation. Produce monthly reports indicating
the status of all submittals in the review process. Review contractor's submittals, including,
requests for information, modification requests, shop drawings, schedules, and other
submittals in accordance with the requirements of the construction contract documents for the
FNI Professional Agreement Page 2 of 17
projects. Monitor the progress of the contractor in sending and processing submittals to see
that documentation is being processed in accordance with schedules.
4. Based on FNI's observations as an experienced and qualified design professional and review of
the Payment Requests and supporting documentation submitted by Contractor, determine the
amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to
the General Conditions of the Construction Contract.
5. Site Visits - General Representative to make one site visit per month for a total of twenty-four
months to observe the progress and the quality of work and to attempt to determine in general
if the work is proceeding in accordance with the Construction Contract Documents. In this
effort FNI will endeavor to protect the Owner against defects and deficiencies in the work of
Contractors and will report any observed deficiencies to Owner. Visits to the site in excess of
the specified number are an additional service.
6. Notify the contractor of non -conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipment installation reports or
other documentation required by the Construction contract documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project.
8. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses,
and studies requested by the Contractor(s) and approved by Owner, for substitutions of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
9. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the Owner to
determine the cost and time impacts of these changes. Prepare change order documentation
for approved changes for execution by the Owner. Documentation of field orders, where cost
to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for
substitutions of equipment or materials, corrections of defective or deficient work of the
contractor or other deviations from the construction contract documents requested by the
contractor and approved by the Owner are an additional service. Substitutions of materials or
equipment or design modifications requested by the Owner are an additional service.
10. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
FNI Professional Agreement Page 3 of 17
recommendations to the Owner on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the Owner if appropriate. Providing these
services to review or evaluate construction contractor(s) claim(s), supported by causes not
within the control of FNI are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished
equipment or materials.
12. Conduct, in company with Owner's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the
contractor before recommendation of final payment. Assist the City in obtaining legal releases,
permits, warranties, spare parts, and keys from the contractor. Review and comment on the
certificate of completion and the recommendation for final payment to the Contractor(s).
Visiting the site to review completed work in excess of two trips are an additional service.
13. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized
sets and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to
Owner.
FNI Professional Agreement Page 4 of 17
SPECIAL SERVICES: FNI shall render the following special services in connection with The Project:
A. MATERIALS TESTING: FNI will retain and monitor and direct, through a subcontract, the efforts of a
construction materials testing firm (Braun Intertec) to perform the following testing services on an as
needed basis including but not limited to:
l.Soil
a. D698 proctors — Every 500 LF native - 50 total
b. D1557 proctors —10 total
c. Sand Cone — 5 total
d. Nuclear density testing — Approximately 12 per day. Testing will be performed as
directed by the RPR. Approximately 45 days with technician time of 4-6 hours per day.
2.Embedment Material
a. ASTM D 4253 Proctor-1 sample per source. 3 total as needed.
b. Dry gradation — 2 total as needed.
c. 5-cycle magnesium soundness — 2 total as needed
d. L.A. Abrasion -- 2 total as needed
e. Atterburg limits of fines — 2 total as needed
f. Resistivity — 2 total as needed
3. Flex Base
a. ASTM D 4253 proctor — 3 total as needed.
b. ASTM D 698 proctor — 3 total as needed.
c. Wet Ball Mill — 2 total as needed.
d. Atterburg limit . bar linear shrinkage - 2 total as needed.
e. Washed Gradation - 2 total as needed.
f. Tex-117-E Tri-Axial -1 total as needed.
4.Concrete
a. 4 cylinders per 50 yards —15 sets total. Testing included slump, entrained air content,
concrete temperature and compression testing of cylinders.
5.Asphalt
a. One sample per day for asphalt content and gradation, rice specific gravity and lab
molded density. 25 total as needed.
b. One set of cires per 500 LF for in place thickness and in place density. 25 total as
needed.
c. In place nuclear density every 250 LF — 50 total
d. Rolling pattern verification testing —two days of technician
6.Welding
a. Visual inspection on all welds by CWI. 35 —10 hour days including travel time.
b. Magnetic particle testing by CWI on all welds
7.General
a. Administration Time
b. Project management time and attend 2-3 meetings in Lubbock
FNI Professional Agreement Page 5 of 17
TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
730 calendar days from the Notice to Proceed.
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.
FNI Professional Agreement Page 6 of 17
EXH BIT A, PART 2, ADDITIONAL SERVICES
LOW HEAD C PUMP STATION
GENERAL AND RESIDENT REPRESENTATION
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not
included in the above described General Service, Basic Services, and Special Services, are, except as may
otherwise provided to be performed by FNI, described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by Owner.
C. Providing renderings, model, and mock-ups requested by the Owner.
D. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
E. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
F. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
G. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
I. Preparing Operation and Maintenance Manuals or conducting operator training.
Preparing data and reports for assistance to Owner in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
FNI Professional Agreement Page 7 of 17
K. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
L. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
M. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on
a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This
provision shall not apply to any expense related to a legal action to which FNI is a party.
N. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
O. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
P. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
Q. Services required to resolve bid protests or to rebid the projects for any reason other than fault of
any type or degree of FNI.
R. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or
Special Services for periodic site visits, coordination meetings, or contract completion activities.
S. Any service required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete work within the contract time.
T. Providing services after the completion of the construction phase not specifically listed in Article I.
U. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form, except as noted in the scope of services.
V. Providing value engineering studies or reviews of cost savings proposed by others.
W. Prepurchase or preselection or any alternate contract structure or number of contracts other than
stipulated in Exhibit A — Basic Services.
FNI Professional Agreement Page 8 of 17
, Provide any services after the satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project.
Provide follow-up professional services during Contractors warranty period.
FNt Professional Agreement Page 9 of 17
EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER
LOW HEAD C PUMP STATION
GENERAL AND RESIDENT REPRESENTATION
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the
services of FNI:
A. Owner recognizes and expects that certain Change Orders, 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.
FNI Professional Agreement Page 10 of 17
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.
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. Attend the pre -bid conference, bid opening, preconstruction conference, construction progress and
other job related meetings and substantial completion inspections and final payment inspections.
Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services.
J, Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed
necessary by Owner.
K. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3.
L. Provide the following services, unless provided specifically otherwise in this Agreement:
a. Pay all permits fees and mitigation cost.
b. Provide advertisement for bids in local publications as required.
FNI Professional Agreement Page 11 of 17
EXHIBIT B — BUDGET
LOW HEAD C PUMP STATION
GENERAL AND RESIDENT REPRESENTATION
CITY and ENGINEER have established a not -to -exceed budget of $1,849,559 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. 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 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 730 calendar days from the Notice to Proceed.
Budget - General and Resident Representation
Detailed Breakdown
Phase
Description
Fee
15
GENERAL REP - LHC PS (18 months)
$
400,218
16
RESIDENT REP - LHC PS (18 months)
$
902,876
17
GENERAL REP - LHC PL (12 months)
$
144,099
18
RESIDENT REP - LHC PL (12 months)
$
402,366
Total $
1,849,559
FNI Professional Agreement Page 12 of 17
EXHBIT C, PROJECT REPRESENTATION
LOW HEAD C PUMP STATION
GENERAL AND RESIDENT REPRESENTATION
A. The ENGINEER will provide the following construction phase staff for construction of Low Head
C Pump Station as follows:
Resident Project Rep/Pipeline Inspector
40 hours per week for 78 weeks
Assistant Resident Project Rep/Pipeline Inspector
40 hours per week for 52 weeks
General Project Rep (not at site, as needed)
20 hours per week for 78 weeks
Document Control Specialist (not at site)
4 hours per week for 78 weeks
Specialty Inspection and Commissioning Assistance
240 hours as necessary
B. The ENGINEER will have a Resident Project Representative on the Site. The duties,
responsibilities and the limitations of authority of the Resident Project Representative, and
designated assistants, are as follows:
1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by
and under the supervision of ENGINEER, and will confer with ENGINEER regarding
Resident Project Representative's actions. Resident Project Representative's dealings in
matters pertaining to the on -site Work shall in general be with ENGINEER and
CONTRACTOR, keeping Owner advised as necessary. Resident Project Representative's
dealings with Subcontractors shall only be through or with full knowledge and approval
of CONTRACTOR. Resident Project Representative shall generally communicate with
Owner with the knowledge of and under the direction of ENGINEER.
C. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and
schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning
acceptability.
2. Conferences and Meetings. Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress meetings, job conferences and other project -
related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of Contract
FNI Professional Agreernent Page 13 of 17
Documents; and assist ENGINEER in serving as Owner's liaison with CONTRACTOR
when CONTRACTOR's operations affect Owner's on -site operations.
b. Assist in obtaining from Owner additional details or information, when required
for proper execution of the Work.
4. Shop Drawings and Samples:
a. Receive Samples which are furnished at the Site by CONTRACTOR, and notify
ENGINEER of availability of Samples for examination.
b. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring
a Shop Drawing or Sample if the submittal has not been approved by ENGINEER.
S. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to determine if the Work is
in general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever Resident Project Representative believes that any
Work will not produce a completed Project that conforms generally to the
Contract Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents,
or has been damaged, or does not meet the requirements of any inspection, test
or approval required to be made; and advise ENGINEER of Work the Resident
Project Representative believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or approval.
C. Verify that tests, equipment and systems start-up and operating and maintenance
training are conducted in the presence of appropriate personnel, and the
CONTRACTOR maintains adequate records thereof; and observe record and report
to ENGINEER appropriate details relative to the test procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
ENGINEER.
6. interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ENGINEER.
7. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions
to Drawings or Specifications and report with Resident Project Representative's
FNI Professional Agreement Page 14 of 17
recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as
issued by ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and Samples, reproductions of original Contract
Documents, including all Work Change Directives, Addenda, Change Orders, Field
Orders, Written Amendments, additional Drawings issued subsequent to the
execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, submittals and correspondence received
from and delivered to CONTRACTOR and other Project related documents.
9. Reports:
a. Furnish to ENGINEER periodic reports as required of progress of the work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop
Drawings and Sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or start
of important phases of the Work.
C. Draft proposed Written Amendments, Change Orders and Work Change
Directives, obtaining backup material from CONTRACTOR and recommend to
ENGINEER Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to ENGINEER and Owner the occurrence of any accident.
10. Payment Requests: Review Applications for Payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to Owner, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and materials and equipment at
the Site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work,
verify that certificates, maintenance and operation manuals and other data required to
be assembled and furnished by CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract Documents, and have this material
FNI Professional Agreement Page 15 of 17
delivered to ENGINEER for review and forwarding to Owner prior to final payment for
the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
CONTRACTOR a list of observed items requiring completion or correction.
b. Observe whether CONTRACTOR has performed inspections required by laws or
regulations, ordinances, codes or order applicable to the Work, including but not
limited to those to be performed by public agencies having jurisdiction over the
Work.
C. Conduct a final inspection in the company of ENGINEER, Owner and CONTRACTOR
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
D. Limitations of Authority of Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or -equal" items), unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor,
Suppliers, or CONTRACTOR's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of construction unless such
advice or directions are specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work or any activities or operations
of Owner or CONTRACTOR.
6. Shall not accept shop drawing or sample submittals from anyone other than the
CONTRACTOR.
7. Shall not participate in specialized field or laboratory tests or inspections conducted by
others, except as specifically authorized by ENGINEER.
FNI Professional Agreement Page 16 of 17
EXHBIT D, HOURLY RATE SCHEDULE COMPENSATION
LOW HEAD C PUMP STATION
GENERAL AND RESIDENT REPRESENTATION
LUBBOCK RATE SCHEDULE
COMPENSATION
Compensation to FNI for Basic Services in Attachment SC shali be computed on the basis of the following Schedule of Charges, but
shall not exceed One Million Eight Hundred Forty -Nine Thousand Five Hundred Fifty -Nine Dollars ($1,849,559).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional
Services shall be computed based on the following Schedule of Charges.
Position
Eft
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 Technician/Designer
207
Construction Manager-4
165
Construction Manager - 3
135
Construction Manager- 2
128
Construction Manager- 1
100
Corporate Project Support 3
140
Corporate Project Support - 2
126
Corporate Project Support -1
96
Intern/ Coop
for
65
Rates In -House Services
Technology Charge
$8.50perhour
Bulk Printing and RepMdIlction
B&W
Color
Small Format (per copy)
$0.10
$0.25
Travel
Large Format (per sq fl )
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
expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For Resident Representative services performed by non FNI employees and CAD
services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these
services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing
the same or similar services.
Rates to be adjusted no more than 5%annually
LUB19
FNI Professional Agreement Page 17 of 17
MODIFICATION FOR TIME EXTENSION ON PROFESSIONAL SERVICES
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This modification to Professional Service Agreement ("Agreement") Contract No. 14395, is
entered into this of , 2022, is by and between the City of Lubbock (the "City"),
a Texas home rule municipal corporation, and Freese and Nichols, Inc. of Fort Worth, Texas (the"
Engineer"), a Texas corporation.
In accordance with "Article I. Term" of this Agreement, the City Engineer, by this modification,
grants an additional six (6) months of time to complete services of the Agreement so long as the amount
of consideration does not increase. This modification does not grant any additional consideration. The
City acting through its governing body must approve an amendment for an increase of compensation.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
k elli LeisAe,Assistant City Attorney
Firm
Freese and Nichols, Inc.
By:
Nicholas Lester, P.E., Vice President
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