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HomeMy WebLinkAboutResolution - 2021-R0241 - Contract 15739 with Freese and Nichols 7.13.2021Resolution No. 2021-R0241 Item No. 6.12 July 13, 2021 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. 15739 for wastewater treatment system evaluation, planning, modeling, permitting and design, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: CO-P A7 Rebec a Garza, City SecrAda I:�' ' : • � : �I�iZ•Z•�-II��Y�1 July 13, 2021 DANIEL M. POPE, MAYOR Aubrey A. Sp , P.E., Dir ctor of Water Utilities APPROVED AS TO FORM: Amy. . ims, Deputy City Attorney Res-PSA Freese and Nichols Contract 15739 Resolution No. 2021-R0241 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15739 is entered into this 13thday of July, 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese & Nichols, Inc., (the" Engineer"), a Texas corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for wastewater treatment system evaluation, planning, modeling, permitting and design, (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 12 months. If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities, 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. SEWRP No. 3 Biological Nutrient Removal Improvements Page 1 of 22 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", 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 $379,628, as set forth in Exhibit "B". 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. SEWRP No. 3 Biological Nutrient Removal Improvements Page 2 of 22 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. 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, SEWRP No. 3 Biological Nutrient Removal Improvements Page 3 of 22 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. 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: $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. SEWRP No. 3 Biological Nutrient Removal Improvements Page 4 of 22 The Certificate shall provide 30 days' 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 VIII 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. 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. SEWRP No. 3 Biological Nutrient Removal Improvements Page 5 of 22 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. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese & Nichols, Inc. Chad Simmons, P.E. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 Telephone: (817) 735.7305 Facsimile (817) 735-7491 Email: chad.simmons@freese.com SEWRP No. 3 Biological Nutrient Removal Improvements Page 6 of 22 C. City's Address. The City's address and numbers for the purposes of notice are: Aubrey A. Spear, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2585 Facsimile: (806) 775-3027 Email: aspearOmylubbock.us 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 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. 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. SEWRP No. 3 Biological Nutrient Removal Improvements Page 7 of 22 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" through `B" 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 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 SEWRP No. 3 Biological Nutrient Removal Improvements Page 8 of 22 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. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, 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 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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 J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) 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 governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in SEWRP No. 3 Biological Nutrient Removal Improvements Page 9 of 22 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 SEWRP No. 3 Biological Nutrient Removal Improvements Page 10 of 22 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebec arza, City Sec eta APPROVED AS TO CONTENT: Aubrey A. S �r, P.E., Direc or of Water Utilities APPROVED AS TO Amy Si10, A,Otant'City Attorney I?ANIEL M. POPE, MAYOR Firm Freese & Nichols, Inc. Chad Si on , —,Principal SEWRP No. 3 Biological Nutrient Removal Improvements Page 11 of 22 Texas Government Code Subtitle F, Title 10, Chapter 2271 I, C,�/,u •motV S (Person name), the undersigned representative of Firm Name tea—, 7f4/b, /(,) -.5!r' c, (hereafter referred to as company) Pursuant to Section 2271.002, applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of Lubbock acting by and through City of Lubbock. Z Date Aut rized Signature SEWRP No. 3 Biological Nutrient Removal Improvements Page 12 of 22 EXHIBIT A Scope of Services Southeast Water Reclamation Plant No. 3 BNR Improvements Alternative Treatment Technology Evaluation General One of the City of Lubbock's goals is to improve the effluent quality of its Southeast Water Reclamation Plant (SEWRP) Plant No. 3 by incorporating biological nutrient removal (BNR) into the treatment process, thereby allowing the effluent to be discharged to the North Fork of the Double Mountain Fork of the Brazos River. The first phase of the Project includes a Screening of Alternatives. Subsequent phases for Technology Demonstration, Preliminary Engineering Report, Final Design, Bid Phase and Construction Phase Services will be incorporated into subsequent amendments if desired by the City. Basic Services The Basic Services include project administration, preliminary investigations, and reports as set forth herein. Engineer shall render the following professional services in connection with the development of the Project. A. Project Management Provide administration and management of the Project. Review ongoing activities, monitor schedule and budget, and prepare monthly invoices. These duties include maintaining routine contact with the City to help meet the needs of the City in a timely manner, and executing the work in accordance with the scope, budget, and schedule. 2. Prepare and deliver monthly reports to the City regarding project status, anticipated upcoming work, information needs, status of deliverables, and project schedule. 3. Prepare for and facilitate a project kick-off workshop to clarify the City's requirements for the Project, review the scope of services, Project staffing and organization, schedule, and present the initial data request and Sampling Plan. B. Assess Existing Conditions 1. Data Request and Sampling Plan a. Develop a data request for record drawings, shop drawings, operating data, historical flows, and historical water quality data. b. Develop a water quality Sampling Plan to quantify plant influent and internal flows and loads at the SEWRP for use in process modeling. The Sampling Plan will identify sampling locations and corresponding constituents to sample for. SEWRP No. 3 Biological Nutrient Removal Improvements Page 13 of 22 2. Condition Assessment a. Conduct a one (1) day site visit with City staff to assess the condition of existing SEWRP No. 3 facilities. Assign condition scores for structural, mechanical, and electrical for each unit process inclusive of the headworks, primary clarifiers, aeration basins, aeration basin blowers, secondary clarifiers, filters, UV disinfection, and supporting Electrical Building and transformers. The condition assessment is a high-level overview and includes visual observations only, along with input from plant staff on performance and maintenance, to determine the condition score. It is assumed the condition assessment will not include Effluent Pump Station #2 that is currently being improved. It is assumed the condition assessment will be conducted on the same trip as the project kick-off meeting. b. Results of the condition assessment will be documented in a technical memorandum. The memo will provide recommendations if assets are in an acceptable condition to provide reliable use in the short term (over the next five to ten years) or if rehabilitation or replacement is recommended to support the BNR Improvements project. Development of rehabilitation or replacement costs will be included as part of the Screening of Alternatives task. Deliverable: draft and final Technical Memorandum # 1— Condition Assessment (electronic only) 3. Capacity Assessment a. Conduct a desktop functional capacity assessment of the SEWRP No. 3 by unit process based on TCEQ's Chapter 217 design criteria and other industry standards. b. Results of the capacity assessment will be documented in a technical memorandum. The average annual daily flow and/or peak 2-hr flow capacities of each unit process will be summarized with reference to what design criteria is controlling the capacity. Deliverable: draft and final Technical Memorandum #2 — Capacity Assessment (electronic only) C. Flow and Load Projections 1. Flow Projections and Peaking Factors a. Review historical plant influent flow data and flow monitoring data collected during the 2018 Wastewater Master Plan to establish peaking factors for maximum month, maximum day, and peak 2-hour flows. b. Review flow projections from the 2018 Wastewater Master Plan to establish projected design flows for the SEWRP. c. Establish the design flow for the SEWRP No. 3 Improvements Project. SEWRP No. 3 Biological Nutrient Removal Improvements Page 14 of 22 2. Load Projections and Peaking Factors a. Review historical plant influent water quality data and data collected from the Sampling Plan efforts to develop maximum month load peaking factors for CBOD5, TSS, TKN, N113-N, and total phosphorous. b. Develop plant influent design loads for annual average daily flow and maximum month average daily flow for the SEWRP No. 3 BNR Improvements Project. 3. Technical Memorandum a. Document the results of the flow and loads projections task in a technical memorandum. Deliverable: draft and final Technical Memorandum #3 — Flow and Load Projections (electronic only) D. Plant Effluent Water Quality Criteria a. Conduct dissolved oxygen (DO) modeling using TCEQ's QUAL-TX model of Segment 1241 to determine potential CBOD5, NH3-N and DO limits at SEWRP's Outfall 007. The modeling effort will include the impacts of increased upstream discharges from Lubbock's Northwest Water Reclamation Plant (NWWRP) and increased discharges from the SEWRP. b. Conduct spreadsheet -based mass balance screening calculations using TCEQ's Procedures to Implement the Texas Surface Water Quality Standards to determine potential total phosphorus, total dissolved solids (TDS), sulfate, and chloride limits at the SEWRP's Outfall 007. c. The above assessments will be based upon the near term (20 years) discharge at Outfall 007 into Segment 1241 A (North Fork Double Mountain Fork of Brazos River), which flows into Segment 1241 C (Buffalo Springs Lake and future Lake 7). d. Coordinate with TCEQ Water Quality Division staff on future limits for Outfall 007. It is assumed coordination efforts will be limited to phone call discussions and up to two (2) virtual meetings with TCEQ. e. Establish future potential discharge limits and design effluent values for Outfall 007 to be used in the evaluation of alternatives for the BNR Improvements Project at SEWRP No. 3. f. Document the result of the plant effluent water quality criteria task in a technical memorandum. Deliverable: draft and final Technical Memorandum #4 — Plant Effluent Water Quality Criteria (electronic only) SEWRP No. 3 Biological Nutrient Removal Improvements Page 15 of 22 E. Review Workshop No. 1: Meet with the City to present and discuss the results of the Condition Assessment, Capacity Assessment, Flow and Load Projections, and Plant Effluent Water Quality Criteria. FNI will solicit comments and make revisions to the Technical Memorandums. F. Screening of Alternatives 1. Process Model Development a. Develop a whole -plant process model of the existing SEWRP Plants No. 3 and No. 4, inclusive of solids return streams. Influent flow will be modeled using diurnal patterns developed in the 2018 Wastewater Master Plan, and the impact of wet weather flows on secondary clarifier performance will be modeled using the maximum day and peak 2-hour flow peaking factors developed in Technical Memorandum #3. The raw influent concentrations will be calibrated to historical plant influent water quality data and data collected from the Sampling Plan. The process model will be loosely calibrated to the available plant data and the data collected from the Sampling Plan. 2. Develop Baseline BNR Alternative a. Using the process model and established design flows, loads, and effluent water quality criteria from Technical Memorandums #3 and #4, develop a baseline SEWRP No. 3 BNR improvement alternative. The baseline alternative will include reconfiguring the aeration basins with anoxic/anaerobic selector zones without the addition of an activated sludge process intensification option. 3. Screening and Technology Transfer Workshop a. Meet with the City and present a high-level overview of the baseline alternative and up to seven (7) activated sludge process intensification technologies. The workshop will cover the technology, maturity of the technology, relative capital and operational costs, compatibility within existing basins, and operational complexity. Potential intensification technologies to be screened include: • Continuous aerobic granular sludge • Integrated fixed -film activated sludge (IFAS) • Ballasted flocculation (BioMag) • Membrane Bioreactor (MBR) • Membrane aerated bioflm reactor (MABR) • Nuvoda mobile organic biofilm (MOB) • Stepfeed b. Present technologies for supporting improvements recommended from the Condition Assessment (Technical Memorandum # 1), required upgrades to unit process capacities to achieve the established design flow (Technical SEWRP No. 3 Biological Nutrient Removal Improvements Page 16 of 22 Memorandum #2), and equipment required for an activated sludge BNR configuration. Supporting improvements may include options for rehabilitation or replacement of the aeration basin blowers, aeration basin influent flow distribution, aeration basin anoxic/anaerobic zone mixer types, options for aeration basin diffuser types, options for post aeration, options to hydraulically move flow from SEWRP No. 3 to Outfall 7, etc. c. The goal of the workshop is to conduct an initial screening of alternatives and obtain consensus on the process intensification technologies that will be considered for the screening evaluation and what supporting improvements technologies will be considered and paired up with the intensification technology to form an alternative for evaluation and development of life -cycle costs. d. The Technology Review Workshop presentation and meeting minutes will be included in the Preliminary Engineering Report as part of a future phase. 4. Site Visits / Tours a. Coordinate and schedule up to two (2) trips to visit plants that have implemented the process intensification options being considered. It is assumed up to three (3) people from Engineer's team and up to four (4) people from the City will attend each site visit, the site visits are up to two (2) days and three (3) nights each with airline flights, hotel stays, and vehicle rental required. 5. Evaluate BNR Alternatives a. From City feedback received during the Technology Review Workshop, evaluate up to three (3) activated sludge process intensification alternatives to increase the capacity and/or resiliency beyond the baseline alternative. It is assumed the supporting improvements capacities may change depending on the BNR technology being considered; however, the supporting improvements technologies will be the same for each alternative. For example, the same blower or anaerobic zone mixer technology will be considered for all alternatives. b. Using the process model, evaluate SEWRP No. 3 effluent water quality and combined SEWRP No. 3 and No. 4 effluent water quality at varying influent load conditions and water temperatures. c. Develop conceptual level process flow diagrams and site layouts for each alternative. d. Evaluate the operational and maintenance requirements of each BNR configuration and how the relative complexity compares of each. e. Develop planning level cost estimates for each alternative including capital costs, O&M costs, and 20-year life cycle costs. f. Coordinate with TCEQ regarding implementation of each alternative. It is assumed up to four (4) virtual meetings will be conducted with TCEQ to SEWRP No. 3 Biological Nutrient Removal Improvements Page 17 of 22 determine if a technology demonstration of the alternative will be required and to what level (i.e. bench scale testing, pilot testing, or full-scale demonstration). g. Document results of the evaluation of alternatives in a technical memorandum. Deliverable: draft and final Technical Memorandum #5 — Screening of Alternatives (electronic only) 6. Review Workshop No. 2 a. Meet with the City to discuss results of Technical Memorandum #5. FNI will solicit comments and make revisions to the Technical Memorandum. Special Services Engineer shall render the following professional services in connection with the development of the Project. These services require authorization from the City before commencement. A. Sampling Plan Implementation Assist the City in implementation of the Sampling Plan from the Assess Existing Conditions Task above. Assistance may include coordination with a third -party laboratory to arrange sample collection and laboratory analysis. The budget for this task shall not exceed $15,000. Not In Scope Items — Future Subsequent Phases The following scope provides an outline of the anticipated progression of the project. The scope will be refined and resubmitted based on the results of the Screenings of Alternatives task and City input at the completion of Review Workshop No. 2. G. Technology Demonstration Based on the results of the Screenings of Alternatives evaluation, input from TCEQ regarding the need and level of a technology demonstration, and input from the City, conduct a technology demonstration to assist in the selection of design criteria and establish proof of concept. 2. The selection of process intensification option(s) to undergo a technology demonstration and to what level (i.e. bench scale, pilot scale, or full-scale demonstration) are to be determined. Deliverable: Technical Memorandum #6 — Technology Demonstration H. Design Criteria for Selected Alternative 1. Using results from previous tasks, summarize the selected alternative inclusive of plant influent design flows and loads, effluent criteria, proposed BNR flow scheme, proposed activated sludge process intensification option, applicable loading rates, and supporting improvements. SEWRP No. 3 Biological Nutrient Removal Improvements Page 18 of 22 2. Summarize design criteria by unit process for the aeration basins, aeration blowers, and supporting improvements which may include but is not limited to filters, UV disinfection, and reaeration at the SEWRP No. 3. Deliverable: Technical Memorandum #7 — Selected Alternative Design Criteria 3. Review Workshop No. 3 a. Meet with the City to discuss Technical Memorandums #6 and #7. FNI will solicit comments and make revisions to the Technical Memorandums. Preliminary Engineering Report Combine Technical Memorandums 1 through 7 in a Preliminary Engineering Report with an Executive Summary. 2. Develop approximately 20-percent level design drawings of the selected alternative. 3. Develop a 20-percent level opinion of probable construction costs for the selected alternative. 4. Develop a schedule to complete final design, bid, construction, start-up and commissioning of the selected alternative. 5. Review Workshop No. 4 a. Meet with the City to discuss the draft Preliminary Design Report. Solicit City comments and incorporate into the report. Issue a Final Design Report. Deliverable: draft and final Preliminary Design Report SEWRP No. 3 Biological Nutrient Removal Improvements Page 19 of 22 EXHIBIT B Budget Southeast Water Reclamation Plant No. 3 BNR Improvements Alternative Treatment Technology Evaluation Basic Services CITY and ENGINEER have established a lump sum budget of $364,628.00 to complete the Basic Services under this AGREEMENT. These services will be billed monthly on an estimated percent completed basis. This amount will not be exceeded without a contract amendment. Special Services CITY and ENGINEER have established a not -to -exceed budget of $15,000.00 to complete the Special Services under this AGREEMENT. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT B. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. This amount will not be exceeded without a contract amendment. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B 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 365 calendar days from the Notice to Proceed. SEWRP No. 3 Biological Nutrient Removal Improvements Page 20 of 22 EXHIBIT B Detailed Cost Breakdown Southeast Water Reclamation Plant No. 3 BNR Improvements Alternative Treatment Technology Evaluation Basic Services Task Description Fee A Project Management $38,579 B Assess Existing Conditions $60,844 C Flow and Load Projections $15,972 D Pant Effluent Water Quality Criteria $36,216 E Review Workshop No. 1 $19,453 F Screening of Alternatives $193,564 Special Services Task Description Total $364,628 Fee A Sample Plan Implementation $15,000 Total $15,000 Total Contract Amount $3799628 SEWRP No. 3 Biological Nutrient Removal Improvements Page 21 of 22 EXHIBIT B Hourly Rate Schedule Compensation Southeast Water Reclamation Plant No. 3 BNR Improvements Alternative Treatment Technology Evaluation Position Rate 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 65 Rates for In -House Services Technology Charge Bulk Printing and Reproduction $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 (persq. 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. LUB19 SEWRP No. 3 Biological Nutrient Removal Improvements Page 22 of 22