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Resolution - 2010-R0621 - Contract 9933 Alan Plummer Associates For Northwest Water Reclamation Plant - 12/15/2010
Resolution No. 2010-RO621 December 15, 2010 Item No. 5.25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: TI IAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement for Northwest Water Reclamation Plant per RFQ 10 -093 -DD, by and between the City of Lubbock and Alan Plummer Associates, Inc., 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 December 15, 2010 FOM MAR I IN, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Marsha eed, P.E., Chief Operations Officer APPROVI: AS "I"O FORM: ��4 ��- Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Agreement-AIan Plummer Associates, Inc. November 23, 2010 Resolution No. 2010-RO621 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") for Northwest Water Reclamation Plant, resultant to RFQ 10 -093 -DD (Contract 9933) is entered into this 15th day of December , 2010, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc. (the "Engineer"), a Texas Corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience with public water reclamation plants and related infrastructure necessary to perform evaluations to determine the feasibility of, to complete the discharge permit application for, and as authorized by City, to design a new Water Reclamation Plant (the "Project"), and more specifically described as follows: City intends to evaluate the feasibility of a new Lubbock Northwest Water Reclamation Plant and select a discharge outfall location, a water reclamation plant site, and the treatment process to be used in the water reclamation plant, as well as the raw wastewater diversion location(s), conveyance system(s), sludge pipe conveyance system, and treated effluent conveyance system. The treatment process, hydraulics, and plant capacity will be in accordance with the Texas Commission on Environmental Quality (TCEQ) requirements. Engineer will, in conjunction with City, select the disinfection strategy; and perform structural, architectural, HVAC, mechanical, SCADA, and electrical/instrumentation design associated with the water reclamation plant and associated conveyance systems in subsequent phases and contract amendments. Engineer is to provide preliminary design, final design, bid phase, and construction phase -1- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx engineering services for the water reclamation plant in subsequent phases and contract amendments as authorized by the City. WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; WHEREAS, the City desires to contract with Engineer to perform services related to the Project and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", attached hereto (the "Services"). 1.02 Engineer's Personnel at the Project Site: The presence or duties of the Engineer's personnel at the Project site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to City and/or to other contractors, subcontractors, or other entities, and do not relieve the other contractors, subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to, all methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work of those parties in accordance with their contract requirements and any health or safety precautions required by such work. The Engineer and its personnel have no authority to exercise any control over any -2- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx contractor, subcontractor, or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of any contractor, subcontractor, or other entity or any other persons at the Project site except Engineer's own personnel. 1.03 Cost Opinions: Any cost opinions or Project economic evaluations provided by Engineer will be on a basis of experience and judgment; but, since it has no control over market conditions or bidding procedures, Engineer cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be hourly, not to exceed amount of $1,603,816 as provided in Exhibit `B". Billing rates for time and materials portions are provided in Exhibit "C," attached hereto. Phase 1 - Feasibility Study $1,603,816 The materials and labor amounts shall be invoiced to the City monthly for work performed. 2.02 This Agreement shall expire four hundred and fifty (450) days following Notice to Proceed. Additionally, the City may terminate this Agreement by providing -3- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. 2.03 The Engineer's compensation is based on immediate authorization to proceed and timely completion of the Project. If the Project timing deviates from the assumed schedule for causes beyond the Engineer's control, the Engineer may request renegotiation of those portions of the compensation affected by the time change. 2.04 This agreement may be amended to include other services as required. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and Engineer hereby represents to the City that the Services shall be so performed. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. -4- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final Contract\Agreement_City.docx 4.01 ARTICLE IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. -5- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx Engineer shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability and automobile liability coverage 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. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $1,000,000 $500,000 Per Occurrence Engineer shall further cause any approved subcontractor to procure and carry, during the term on this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor. The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under the policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said -6- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx 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. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be material breach of this contract. The policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Agreement. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Engineer shall indemnify and hold City and City's elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and expenses, and including reasonable attorney's fees, as a result of, related to, arising from, or related to Engineer's use or occupation of City owned lands, and/or any matter related to Engineer's activities, performances, operations or omissions under this Agreement to the extent of Engineer's negligence of any kind or type. The indemnity provided herein shall survive the expiration or termination of this Agreement. -7- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final Contract\Agreement_City.docx ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein at the time services are performed. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Wood Franklin, P.E. City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: David A. Gudal, P.E. Alan Plummer Associates, Inc. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Facsimile No. (817) 870-2536 -8- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. -9- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement_City.docx 6.07 Any and all final documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Section 2.01, above. The City will assume sole liability for any reuse or modification of the Engineer's work product. The Engineer may make copies of any and all work products for its files. 6.08 A waiver by either City or Engineer of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The term "Engineer", as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. -10- LAWATER\Specifications\000 2010 Northwest Water Reclamation Plant RFQ\Final ContractWgreement City.docx IN WITNESS WHEREOF. the parties have executed this Agreement by their duly authorized representatives as of the date first written above. ALAN PLUMMER ASSOCIATES, INC. By: Name: David A. Gudal, P.E. Title: Principal CITY OF LUBBOCK Tom Martin, Mayor ATTEST: A;� 'ke�� =--777 Rebec Garza, City Secretary APPROVED AS TO CONTENT: Q Marsha Reed, P.E., Chief Operations Officer APPROVF,D AS TO FORM: KI"Opf / City Attorney Fiprojects%0425%009-0I TrojectMinagemennContracts',. FinaRAgreement_City.docx Resolution No. 2010—RO621 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT A This Exhibit A is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "Engineer") and the City of Lubbock (the "City") for a Project generally described as: NORTHWEST WATER RECLAMATION PLANT The purpose of this Agreement is as follows: Evaluate the feasibility of, prepare and assist with the processing of a discharge permit application for, and perform process selection for the Northwest water reclamation plant. Recommend a plant site and discharge outfall site, and routes for the associated conveyance systems. This Agreement may be amended, at the City's sole discretion, to include preliminary design, final design, bid phase, and construction phase services per Article II, Paragraph 2.04 of the Agreement. SCOPE OF SERVICES The Engineer agrees to furnish the City with the following specific services: BASIC ENGINEERING SERVICES TASK 1. Evaluate and Select Raw Wastewater Diversion locations and develop diversion flow model. 1.1. Provide field surveying of the existing Northwest interceptor and major branch lines from Yellow House Canyon, upstream to 19 Street. 1.2. Review August 2009 Wastewater Master Plan Report (Master Plan Report) for specifics in Northwest sewershed. 1.3. Delineate potential ultimate service area boundaries and develop revised flow projections for a potentially larger service area than was considered in the master Plan Report. 1.4. Update infrastructure from survey in sewer model developed in Master Plan for the Northwest sewershed. Sewer Model shall be provided by City for use during the project. 1.5. Develop GIS model of interceptor system to be used during feasibility study. Include all pipe characteristics and existing easements. Incorporate contour maps, aerial photo, floodplain and floodway maps, soil maps, existing and proposed facilities, streets and highways, and major utilities that will affect the study. 1.6. Develop spreadsheet flow model for selection and evaluation of wastewater diversion locations based on data and results from Tasks 1.3 and 1.10. Assess initial year, design year, and 50 -year conditions. 1.7. Identify alternative diversion locations. Determine flow characteristics of incoming, diverted, and outgoing flows at each diversion location. 1.7.1 Conduct site visit of potential diversion locations and determine approximate depths and capacities of pump stations and Master Plan project revisions. 1.8. Determine gravity or force main pipe sizes, approximate lengths, and depths of cut, number of roads, railroads, and major utility corridors crossed. 1.9. Determine number of property owners impacted for the scenarios selected. A-1 FAprojects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit—A. d0cX 1.10. Provide flow meters and rain gauges and in coordination with City, select locations to install for monitoring flow for 12 -month period and establishing peak flow factors. City to clean sewer for 1000 feet upstream and downstream of meter location prior to meter installation. Installation of flow meters shall include any necessary work including but not limited to traffic control and confined space entry. Analyze flow data to determine peak flow factors. Prepare technical memorandum summarizing data. 1.11. Prepare technical memorandum of service area, flowrate models, flow projections, peak factors, diversion locations, and associated changes to Master Plan projects for Northwest sewershed. 1.12. Deliverables 1.12.1 Submit five (5) copies of the Flow Monitoring Technical Memorandum to (1.10.1) to the City for review. 1.12.2 Submit five (5) copies of the Raw Wastewater Diversion Technical Memorandum (1.11) location to the City for review. 1.12.3 Furnish electronic GIS model to City. Task 2. Evaluate and Select NWWRP Site. 2.1 Identify potential sites for NWWRP with sufficient area out of the floodplain to include in screening analysis. Prepare figure showing potential sites. 2.1.1 Conduct site visits of potential areas and document. 2.1.2 Identify pipeline routes and lengths for raw wastewater, treated effluent, and sludge. 2.1.3 Engineer shall inform and communicate with state and federal regulating agencies, including but not limited to EPA, Fish and Wildlife, TCEQ, COE. 2.2. Conduct screening criteria workshop with City staff. 2.3 Conduct initial screening analysis. 2.4 Conduct secondary screening analysis, including environmental and archeological considerations. In conjunction with City staff, select the sites with the highest scores for the detailed evaluation. 2.4.1 Prepare a technical memorandum on screening analysis leading to top alternative sites. 2.5 Incorporate the top alternative water reclamation plant (WRP) sites into complete scenarios with raw wastewater diversion locations, discharge locations, and treatment process. 2.5.1 Determine opinion of probable construction costs for each of the complete scenarios. 2.5.2 Determine life cycle costs and present worth of each scenario for a 20 -year period using projected flows, and estimated O&M costs. 2.5.3 Perform sensitivity analysis for present worth cost. 2.5.4 Conduct a non -cost factor evaluation (Level 3 screening) on the scenarios. A-2 F:\projects\0425\009-01 \ProjectManagement\Contracts\Final\Exhiblt_A. docx 2.5.5 Prepare a technical memorandum on the evaluation of the costs and non -cost factors. 2.6 Deliverables 2.6.1 Submit aerial photo figure showing the screening sites and the selected sites. 2.6.2 Submit five (5) copies of the Northwest WRP site selection screening analysis technical memorandum (2.4.1) to the City for review. 2.6.3 Submit five (5) copies of the Technical Memorandum Evaluation of the Northwest Water Reclamation Plant scenarios' (2.5.5) to the City for review. Task 3. Treatment Process Evaluation and Selection. 3.1 Visit membrane bioreactor (MBR) sites with City staff 3.2 Participate in a workshop with City staff to discuss treatment unit and equipment items. 3.3 Determine the treatment process to be utilized for each of the scenarios to achieve the required discharge limits. 3.3.1 Prepare a summary memorandum of alternative processes to achieve various levels of phosphorus and total nitrogen removal. 3.3.2 Prepare a summary technical memorandum of odor control concepts and strategies. Include discussion of prevailing winds for plant locations being considered. 3.4 For each scenario, include an assessment with and without primary clarifiers. 3.5 Select appropriate process configurations, determine relative sizes for a conventional activated sludge (CAS) process, and an MBR process, both with and without primary clarifiers, for each set of effluent requirements. 3.5.1 Present the simplifying assumptions and process configurations for each scenario. 3.5.2 Obtain and analyze two years of daily raw, wastewater data from the City for BOD, flow, temperatures, TSS, NH3, phosphorus, and TKN. Summarize the data in a brief memorandum. 3.5.3 Prepare a technical memorandum comparing the MBR vs. CAS both with and without primary clarifiers. 3.6 Discuss the sludge characteristics leaving the site for each scenario. Determine the process units required to employ sludge reduction techniques for the CAS and MBR processes. 3.6.1 Assess the impact of the various sludge streams in 3.6 on the existing SEWRP treatment processes. 3.7 Develop architectural concepts based on surrounding area of each site, City input, and treatment units utilized. Prepare typical elevation views of buildings for possible scenarios. 3.7.1 Conduct a workshop with City staff to discuss architectural concepts and City preferences. 3.7.2 Prepare a technical memorandum summarizing the City architectural preferences. 3.8 Perform an offsite electrical evaluation for each of the scenarios for both the local provider and for Lubbock Power and Light (LP&L). Prepare technical memorandum showing the local A-3 F:\projects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit_A. docx power provider facilities, and the facility needed for the local provider and for LP&L to provide the power. Address dual feed capability vs. onsite power generation for backup purposes. 3.9 Develop process flow diagrams for selected processes. 3.10 Develop overall site layouts for selected processes. 3.11 Develop a construction cost model for the initial and ultimate build out treatment plant and determine the opinion of probable construction cost (OPCC) for each scenario. 3.12 Develop an O&M cost model for the treatment plant and determine the estimated annual O&M cost including power, chemicals, and operator requirements. 3.13 Perform an evaluation of the process alternatives and select the treatment process to include for each of the scenarios. Include cost analysis and non -cost factor analysis. 3.14 Prepare a technical memorandum summarizing the process evaluation and selection for the scenarios. 3.15 Deliverables 3.15.1 Submit five (5) copies of the Summary Technical Memorandum of alternative processes to achieve various levels of nutrient removals (3.3.1) for City to review. 3.15.2 Submit five (5) copies of the Summary Technical Memorandum of odor control concepts and strategies (3.3.2) for the City to review. 3.15.3 Submit five (5) copies of the technical memorandum comparing conventional activated sludge (CAS) to membrane biofiltration (MBR), with and without primary clarifiers (3.5, 3.5.1, 3.5.2, 3.5.3, 3.4) for the City to review. 3.15.4. Submit five (5) copies of the sludge characteristics, sludge reduction techniques and impacts to SEWRP processes technical memorandum (3.6 and 3.6.1) for the City to review. 3.15.5 Submit five (5) copies of the offsite electrical evaluation (3.8) for the City to review. 3.15.6 Submit five (5) copies of the process flow diagrams and overall, general site layouts for each scenario (3.9 and 3.10) for the City to review. 3.15.7 Submit five (5) copies of the architectural concepts, typical elevations, and City preferences (3.7, 3.7.1, 3.7.2) for the City to review. 3.15.8 Submit five (5) copies of the treatment process evaluation and selection Technical Memorandum (3.3) for the City to review. Task 4. Evaluate and Select Effluent Outfall Location and Prepare and Assist with Processing of Discharge Permit Application. 4.1 Identify segments to investigate for discharge outfall locations. Provide segment locations to the City for review prior to making site visits. 4.2 Perform water quality model runs for (1) discharge to the Canyon lakes, and (2) for locations upstream of the Canyon lakes (up to nine miles upstream) to establish discharge quality requirements and estimated maximum flowrate that could be permitted at each location. A-4 FAprojects\0425\009-01\ProjectManagement\Contracts\Final\Exhibit A.docx 4.3 Perform site visits for the segments identified in Task 4.1 to identify outfall locations. Show location of each potential discharge outfall on aerial photos. Prepare memorandum of the site visits with documentation of potential outfall locations. 4.4 Conduct an evaluation of the outfall locations and rank based on technical criteria. Select the top discharge locations in conjunction with City staff to be used to develop complete scenarios for further evaluation. 4.5 Prepare an effluent outfall technical memorandum with effluent quality requirements, potential locations and screening evaluation. 4.6 Integrate top discharge locations into the complete scenarios for detailed evaluation. Coordinate the discharge route with the reclaimed water plan. 4.7. Prepare and Assist with Processing of Discharge Permit Application 4.7.1 Complete application forms and prepare attachments required to be submitted to the Texas Commission on Environmental Quality (TCEQ) for a new Texas Pollutant Discharge Elimination System permit. Prepare copies of the draft application for City review. Revise application as appropriate based on City comments and finalize the application for submittal to TCEQ. 4.7.2 Assist in processing the permit application through the TCEQ. Provide support during the TCEQ administrative review and technical review processes for the development of the draft permit. Prepare responses to the TCEQ review comments. Review draft permits. 4.8 Water Rights Permit Coordination The City has indirect reuse authorizations in various stages of completeness which authorize reuse of water discharged into the North Fork. 4.8.1 Monitor the status of Application No. 5921 during the identification and selection of the final outfall location(s). 4.8.2 Following filing of the TPDES permit application for the new outfall(s), prepare and submit an application for a bed -and -banks authorization to the TCEQ. This application will either modify the water right associated with Application No. 5921 or will be an entirely new authorization, depending upon the status of Application No. 5921. 4.8.3 Participate in a pre -application meeting with TCEQ staff. 4.8.4 Coordinate with City legal representation as required regarding the application. 4.8.5 Assist the City in responding to Requests for Information from the TCEQ related to the permit application being deemed administratively complete by the TCEQ. 4.8.6 Continued assistance with the application until issuance of permit by TCEQ. 4.9 Determine Supply Needed to Maintain Jim Bertram Lake System 4.9.1 Evaporation, seepage, and evapotranspiration loss estimates will be made for the stream conveyance system and the existing Jim Bertram Lake System to determine how much effluent needs to be discharged to provide sufficient flow to overcome the losses. A-5 F:\projects\0425\009-01\ProjectManagement\Contracts\Final\Exhibit A.docx 4.9.2 Compare values to historical discharges from the Lubbock Land Application Site. 4.9.3 Prepare memorandum to document the analysis. 4.10 Deliverables 4.10.1 Submit five (5) copies of the potential outfall location site visit memorandum (4.3.1) to the City for review. 4.10.2 Submit five (5) copies of the discharge location evaluation technical memorandum (4.5) to the City for review. 4.10.3 Submit five (5) copies of the draft discharge permit application (4.7) to the City for review. 4.10.4 Submit seven (7) copies of the discharge permit application (4.7.1) to the City. The original and three of the copies of the application are for TCEQ submittal. Task 5. Perform a study to identify potential reclaimed water uses in the north and northwest area of Lubbock and to coordinate the current Lubbock Land Application Site (LLAS) remediation and water usage with the discharge of the NW WRP. Coordinate with the quantity of water that must be discharged to the Canyon Lakes system. 5.1 Review and summarize the LLAS usage locations, quality, and volumes for the past three- year period. Obtain and summarize the groundwater quantity and quality being used at city parks, golf courses, and any industrial sites in the north and northwest areas of Lubbock. Show the sites on an aerial photo. 5.2 Obtain a list of major water users and irrigation -only water meters from the City and review list to identify potential customers. 5.3 Summarize the regulatory water quality parameters for reclaimed water based on Texas Commission on Environmental Quality (TCEQ) requirements. 5.5 Conduct site visits to the potential reclaimed water sites and assess for reclaimed water use. Determine portion of the sites in the flood plain. Obtain acreage of sites that can be irrigated. 5.6 Based on the assessments performed above, develop the annual and seasonal daily average usages, and their locations. Locate the sites in the GIS model. In conjunction with the City staff, identify which users should be included in a conceptual reclaimed water delivery system. 5.7 Based on the locations of reclaimed water users from Task 5.6, develop a conceptual reclaimed water delivery system. Identify any impacts to reduction of potable water demands. 5.8 Determine the OPCC for the system and O&M costs per 1000 gallons delivered. Compare the costs to delivery costs from the LLAS. Support the City in the development of perspective about pricing the reuse water. 5.9 Based on the costs, in conjunction with the City staff determine which users and locations are recommended to be implemented. 5.10 Prepare Reclaimed Water Notification and Assist in Obtaining a Reclaimed Water Authorization for the NWWRP. 5.10.1 Review the information developed in other elements of this task to determine information needed to prepare a Reclaimed Water Notification (Notification). A-6 F:\projects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit_A. docx 5.10.2 Prepare a draft Reclaimed Water Notification in accordance with the requirements of 30 TAC §210. Prepare a map indicating the proposed service area for reuse of the City's treated effluent as a component of the draft Notification. Submit three copies of the final Reclaimed Water Notification to the TCEQ on behalf of the City. Provide three copies of the final Reclaimed Water Notification to the City. 5.10.3 Coordinate with the TCEQ and finalize the Reclaimed Water Notification. Participate in one meeting with TCEQ staff. Review the draft Authorization and assist the City in preparing comments to the TCEQ. Participate in conference calls with the City to discuss comments on the draft authorization. 5.11 Deliverables: Summarize the reclaimed water study in a technical memorandum. Submit 5 copies to the City for review. Include figure showing reclaimed water uses, LLAS water delivery points, and conceptual reclaimed water delivery system, reclaimed water notification, map of proposed reclaimed water service area. Task 6. Environmental, Archeological, and Geotechnical Work 6.1 Determine information needed for environmental screening criteria for evaluation of water reclamation plant sites and for potential discharge sites. 6.1.1 Conduct site visits to WRP sites and develop environmental screening information for each site. 6.1.2 Conduct site visits to outfall location segments and develop environmental screening information for each segment. Evaluate potential environmental issues downstream to the headwaters of Lake #1 (Loop 289). 6.1.3 Prepare memorandum of environmental screening analysis for WRP and outfall sites. 6.2 Determine information needed for archeological screening criteria for evaluation of water reclamation plant sites and for potential discharge sites. 6.2.1 Conduct site visits for WRP sites and develop archeological screening information for each site. 6.2.2 Conduct site visits for outfall location segments and develop archeological screening information for each segment. Evaluate potential archeological issues downstream to the headwater of Lake #1. 6.2.3 Prepare memorandum of archeological screening analysis for WRP and outfall sites. 6.3 Determine geotechnical information for screening criteria for WRP sites and diversion locations. 6.3.1 Conduct site visits and review reports and drilling logs in vicinity to determine information. No field drilling or soil testing is including in evaluation. 6.3.2 Prepare memorandum of geotechnical screening analysis. A-7 F:\projects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit_A. docx Task 7. Meetings and workshops 7.1 Kick-off meeting Attend a kick-off meeting with the City at the City's facility to review the scope of work, discuss the work plan, verify City's requirements for the project, review the schedule for the project. Review project deliverables, workshops, and meetings. 7.1.1 Deliverables: Furnish electronic copy of meeting minutes. 7.2 Project workshops and review Meetings Conduct project workshops and review meetings at the City's facility. Prior to meeting, send out electronic copy of agenda. Information to be discussed at workshops and meetings shall be sent out ten days prior to meeting. Five workshops and meetings are anticipated. 7.3. Meetings and presentations with City Management Prepare for and participate in up to three (3) meetings with City Management as requested by the City. 7.4. Quality Control (QC) Review Meetings 7.4.1 Conduct QC review meetings utilizing senior staff members. 7.5 Deliverables: 7.5.1 Kick-off Meeting: Electronic copy of the meeting minutes. 7.5.2 Workshop No. 1: Electronic copy of the meeting minutes. 7.5.3 Review Meeting No. 1: Electronic copy of the meeting minutes. 7.5.4 Review Meeting No. 2: Electronic copy of the meeting minutes. 7.5.5 Workshop No. 2: Electronic copy of the meeting minutes. 7.5.6 Review Meeting No. 3: Electronic copy of the meeting minutes. 7.5.7 QC Review Meetings (3): Electronic copy of the meeting minutes of each meeting. Task 8. Project Management 8.1 Provide project management activities to properly plan the work, sequence, manage, coordinate, schedule, and monitor the scope tasks and completion of the tasks 8.2 Prepare a project management plan including scope, budget, schedule, communication, project team, and file organization. 8.3 Conduct internal team coordination meetings as required to accomplish the work. 9.4 Provide monthly status updates to the City describing and showing the percent complete for scope tasks and the issues, budget status, and schedule. 8.5 Coordinate, prepare, and review monthly invoices for payment. A-8 F:\projects\0425\009-01\ProjectManagement\Contracts\Final\Exhibit A.docx 8.6 Maintain and update on a monthly basis, an action item log, a decision log, and project change log as well as the schedule. Task 9. Prepare Feasibility Study Report 9.1 Prepare report with recommendation for diversion location, raw wastewater conveyance system, water reclamation plant site with prevailing wind information, process to be utilized, discharge outfall location, discharge pipe conveyance system, reuse delivery system, and sludge pipe conveyance system. Include all technical memoranda as Appendices. 9.2 Prepare design basis memorandum providing raw wastewater flow and quality characteristics, effluent discharge flow and quality characteristics, odor control concepts, sludge handling concepts, architectural concepts, and treatment process diagram. Task 10. Provide boundary surveys of properties that City may need to acquire and conduct deed research. Properties including the WRP site, the discharge outfall location site, and a raw wastewater pump station site. City to obtain rights of entry. Prepare surveyed plats with legal descriptions of each property necessary to acquire. Task 11. Pipeline Conceptual Route Studies 11.1 Summarize the alignment corridor for the raw wastewater pipelines. 11.2 Summarize the alignment corridor for the treated effluent pipeline to discharge site. 11.3 Summarize the alignment corridor for the sludge pipeline to the existing interceptor. 11.4 Summarize the alignment corridor for the effluent reuse pipelines. ADDITIONAL ENGINEERING SERVICES Additional engineering services may be performed by the Engineer, if authorized by the City, which are not included in the above-described Basic Engineering Services, as described below: 1. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 2. Providing additional copies of reports, plans, specifications, and contract documents. 3. Preparing environmental impact statements, storm water discharge permits, and 404 permit applications, except as specifically included in the Basic Engineering Services. 4. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties including condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the City. 5. Investigations involving detailed 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 for inventories required for certifications by force account performed by the City. 6. Payment of fees for permit applications and publication of notices. 7. Drilling for soil borings and specific field testing of soils. 8. Public relations activities and consulting services. 9. Site acquisition services and appraisals. 10. Any other additional services that may be required by the City for completion of the Project that are not included in the Basic Engineering Services. 11. Services known to be required for completion of the Project that the City agrees are to be furnished by the Engineer or by a subconsultant that cannot be defined sufficiently at this time to establish the maximum compensation. A-9 FAprojects\0425\009-01 \ProjectManagement\Contracts\Final\6chibit_A.docx Additional Engineering Services, which may be required by the City, shall be based on the actual hours and costs in accordance with Exhibit C. No work will be undertaken concerning this item without specific written authorization from the City. OTHER PROVISIONS The Engineer's compensation is based on timely authorization to proceed and timely completion of the Project. If the Project timing deviates from the schedule provided for causes beyond the Engineer's control, the Engineer reserves the right to request renegotiation of the fees affected by the time change according to the hourly rates listed in Exhibit C. A-10 F:\projects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit_A. docx r Q CL O C a U) U) da) °� m y c a) v m V o rn C O 0 o U> Co > U) y v m 7 0 N > > N: " o m o.. 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CM c U)>+ a a O 2 C > E c E t r s r m o C co y > c N N N C 0 Y W Y 0 ` to Y N Y O N C N CO N CO y O U U N �- O O O OOO O 0 U) U) > o pM C r OU) 4 - a ar -0 04 a aM m U) O Oa o 2 cc �� mmm � m m (1)i o O v CO E C fo rnmN rn maN� rn Z rna� to Z rna� 0 ma� 0 Z rna� W CD 0 cma� � LL 4) � CO CC o C CO j v N yN as m CV a� m O a Q L No p C N O N Op W Q 2 MW 4. 4. d In W LO CO O i` O CO O CA O CA O O O O O O O O O O O N Q Resolution No. 2010—RO621 ALAN PLUMMER ASSOCIATES, INC. EXHIBIT B This Exhibit B is part of the Agreement between Alan Plummer Associates, Inc. (APAI) (the "Engineer") and the City of Lubbock (the "City") for a Project generally described as: NORTHWEST WATER RECLAMATION PLANT 1. Budget Amount by Scope Item for Feasibility Study Phase: 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. B. The Engineer will issue monthly invoices for all work performed under this Agreement. Invoices are due and payable within 30 days of approved receipt. C. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. B-1 FAprojects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit—B. d ocx SCOPE TASK ITEM PROJECT NAME ESTIMATED BUDGET AMOUNT 1 Diversion Location(s), Selection, and Flow Split Model $ 271,038 2 Northwest Water Reclamation Plant Site Selection $ 211,445 3 Treatment Plant Process Selection $ 232,152 4 Discharge Outfall Location Selection $ 190,143 5 Reuse Study $ 87,143 6 Environmental, Archeological, and Geotechnical Services $ 101,293 7 Meetings and Workshops $ 209,467 8 Project Management $ 162,372 9 Prepare Feasibility Study Report $ 34,723 10 Site Acquisition Assistance $ 47,556 11 Route Studies $ 56,484 TOTAL BASIC ENGINEERING SERVICES NOT TO EXCEED $ 1,603,816 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. B. The Engineer will issue monthly invoices for all work performed under this Agreement. Invoices are due and payable within 30 days of approved receipt. C. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. B-1 FAprojects\0425\009-01 \ProjectManagement\Contracts\Final\Exhibit—B. d ocx D. If the City fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, the Engineer may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the Engineer shall have no liability to City for delays or damages caused the City because of such suspension of services. 3. Direct Expenses (Reimbursable) A Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the City's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; work processing services, telephone, printing, binding, and reproduction charges; all reimbursable costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Reimbursable Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10% surcharge. B. Engineer will be paid on hourly rate basis, as shown in Exhibit C, and any subcontractor personnel services will be billed at cost as shown in Exhibit C. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent surcharge. C. The Engineer shall keep records on the basis of generally accepted accounting practices of cost and expenses and such records shall be available for inspection by Owner during normal business hours. 4. Not to Exceed Compensation A. The Engineer will perform the services described in Exhibit A at a "Not to Exceed" total compensation amount of $1,603,816, unless the Agreement is amended otherwise by the City Council. The final compensation for the 11 major tasks can be over or under the estimated budget amount per task, as shown in No. 1 above as long as the total "Not to Exceed" amount is not surpassed. B-2 F:\projects\0425\009-01\ProjectManagement\Contracts\Final\Exhibit B.docx ALAN PLUMMER ASSOCIATES, INC. EXHIBIT C HOURLY FEE SCHEDULE (2011): Resolution No. 2010-RO621 Staff Description Alan Plummer Associates, Enprotec/Hibbs HDR, Inc. Hugo -Reed and Associates, Inc. & Todd, Inc. Inc. Staff Code Billing Rate Billing Rate Billing Rate Billing Rate Admin Staff Al -A3 $ 69.00 $ 48.00 $ 71.00 Senior Admin Staff A4 $ 84.00 $ 83.00 Designer/Technician C1 -C2 $ 84.00 $ 88.00 $ 89.00 $ 83.00 Senior C3 - C4 $ 104.00 $ 154.00 DesignerlTechnician Engineer -in- ES1 - ES3 $ 104.00 $ 102.00 $ 100.00 $99.00 Training/Scientist-in- Training Project ES4 $ 124.00 $ 127.00 $ 128.00 $ 116.00 Engineer/Scientist Senior Project E5 $ 140.00 $ 132.00 $ 164.00 $ 138.00 Engineer/Scientist Project Manager ES6 $ 160.00 $ 143.00 $ 193.00 $ 149.00 Senior Project ES7 $ 200.00 $ 154.00 $ 225.00 Manager Principal ES8 - ES9 $ 230.00 $ 187.00 $ 235.00 $ 165.00 Registered -- -- $ 121.00 Professional Land Surveyor Survey Crew -- -- $ 193.00 CMT Tech 1 -- - $ 83.00 Architect $ 160.00 Env./Archeological $ 207.00 Process Specialist $ 225.00 Electrical/Inst. Engr. $ 150.00 Sr. Elect/Instr. Engr/ $ 240.00 A multiplier of 1.10 will be applied to all reimbursable expenses. 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J m E F y O tL r dQ1 K m Q 3 v > 4E> of G �a oKw cr fir._ aa avi JC r Boql1a on } s S tlJ J CC M ul p E Q C° O a`o�q m 10 4' U $'�E y y O o yp Yp w y FNM z m G C C V n O O Onmm C O O G o o u) W mq = G Y C Jp J_p _q W p W Z YYY �Z[Y 0. a y ACL y y y Im-FIm-Im-Fm-Fm-Im-Flm-Im- N y y Ml y y y y 3 u5 a VS=7 a ��°-fJ10-JWf�F W FW r! M Vp Np o Ap coo m epp- mQ 0. AZ p Z Z Z Z Q .Z F .Z F .Z F $ F .Z F .Z F "04 `$ F flub DATE November 22, 2010 city of bock TEXAS TO Wood Franklin, PE, Chief Water Utilities Engineer FROM Zoltan Fekete, PE, Senior Civil Engineer SUBJECT Professional Services Agreement for Northwest Water Reclamation Plant RFQ 10 -093 -DD Subject: Contract Resolution ._ Water Utilities: Consider a resolution authorizing the Mayor to execute a Professional Services Agreement for engineering services associated with the Northwest Water Reclamation Plant. Summary: Over the past several decades, the City of Lubbock has experienced significant growth at the northwest region of the existing sewer collection system that resulted in insufficient conveyance and treatment capacity in the Northwest Sewershed. To alleviate the capacity problems a recently completed Wastewater Master Plan recommended commissioning of a new Northwest Water Reclamation Plant. This new plant will address capacity issues in the sewer trunk along Yellow House Canyon by diverting and treating the sewage from the Canyon main. As an added benefit, the treated effluent may be discharged into Canyon Lakes thereby maintaining required water levels in the lakes and creating the option for reuse. In June 2010, the City of Lubbock had published a Request for Qualifications (RFQ) seeking qualified engineering firms to submit Statements of Qualifications for providing professional services associated with the Northwest Water Reclamation Plant (NWWRP) Capital Improvement Project. The following five engineering firms submitted proposals for the NWWRP RFQ: 1. Carollo Engineering of Austin, Texas 2. L & S Consultants, Inc. of New Orleans, Louisiana 3. Brown & Caldwell of El Paso, Texas 4. Black and Veatch, Corporation of Dallas, Texas 5. Alan Plummer Associates, Inc. of Fort Worth, Texas On July 28, 2010, the five -member RFQ committee had evaluated and ranked the written proposals based on the following four criteria: P 0 Box 2000 ■ 1625 130' Street ■ Lubbock, TX 79457 ■ 806.775.2000 ■ Citizen Call Center: 3-1-1 ■ www.mylubbock.us 0 Page 2 November 23, 2010 1. Project Team Organization & Qualifications (40%) 2. Past Project Experience (20%) 3. Project Approach (30%) 4. Overall Responsiveness to the RFQ (10%) Alan Plummer was ranked first place with an average score of 451 points, Carollo Engineers second with 417 points, Black & Veatch third with 374 points, Brown & Caldwell fourth with 341, and L & S Consultants fifth with 116 points. The two top ranked firms were invited to Lubbock on August 11, 2010 for oral presentations. At the conclusion of the oral presentation, Alan Plummer was identified as the top candidate for providing professional services for the Northwest Water Reclamation Plant Capital Improvement Plant. Based on the committee's recommendation, contract negotiations were conducted with Alan Plummer Associates, Inc., and fair and reasonable hourly rates were agreed for a total amount not to exceed $1,603,816. Fiscal Impact: A total of $2,000,000 appropriated and $1,603,816 is available in Capital Improvement Project number 92221 (Northwest Water Reclamation Plant) for this purpose. Staff/ Board Recommending: Marsha Reed, PE, Chief Operating Officer