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HomeMy WebLinkAboutResolution - 2023-R0151 - Contract 16931 with Freese & Nichols, Inc. 3.21.23Resolution No. 2023-RO151 Item No. 6.8 March 21, 2023 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 Contract No. 16931 for professional services for the planning, evaluation, modeling, permitting, designing, and construction water distribution systems and related services, 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 March 21, 2023 APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Amy . Sims, Deputy i Attorney RES.PSC- Freese and Nichols 16931 Resolution No. 2023-R0151 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16931 is entered into this 21 st day of March, 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the planning, evaluation, modeling, permitting, designing, and construction water distribution systems and related services, (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 18 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. 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 $499,500 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. Water Distribution System Model & Master Plan Update Page 2 of 21 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 Water Distribution System Model & Master Plan Update Page 3 of 21 which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. 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: Per Claim and in the Aggregate 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 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 Water Distribution System Model & Master Plan Update Page 4 of 21 primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 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. Water Distribution System Model & Master Plan Update Page 5 of 21 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE 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. Water Distribution System Model & Master Plan Update Page 6 of 21 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese & Nichols, Inc. Andrew Franko, P.E., Associate 801 Cherry Street, Ste 2800 Fort Worth, Texas 76102 Telephone: (817) 735-7515 Email: asf(dfreese.com C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Aubrey A. Spear, P.E., Director of Water Utilities 406 Municipal Drive Lubbock, Texas 79457 Telephone: 806-775-2585 Email: aslleg@Mylubbock.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, and as the Engineer 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. Water Distribution System Model & Master Plan Update Page 7 of 21 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" 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. Water Distribution System Model & Master Plan Update Page 8 of 21 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Section 2270.002, 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. Water Distribution System Model & Master Plan Update Page 9 of 21 Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. 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 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. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. Water Distribution System Model & Master Plan Update Page 10 of 21 EXECUTED as of the Effective Date hereof. ATTEST: Courtney Paz, Ac ' g ecretary APPROVED AS TO CONTENT: Aubrey A. S r, P.E., Director of Water Utilities APPROVED Amyyt�ns, A$Kstanf City Attorney CITY 'AYXE, MAYOR Firm Freese & Nichols, Inc. Nicholas Lester, P.E., Vice President Water Distribution System Model & Master Plan Update Page 11 of 21 Exhibit A Scope of Services Water Distribution System Modeling & Master Plan Update Proiect Understanding: Freese and Nichols, Inc. (FNI) understands that the City of Lubbock is engaging professional services to perform an update to their 2017 Water Master Plan (WMP). Accelerated growth in portions of the City have brought about the need to evaluate additional potential capital improvements as well as verify sizing of existing planned projects. In maintaining an updated hydraulic model, the City will be able to provide decision -making support and guidance for upcoming design/construction projects. Scope elements include: • Updating service area and pressure zone boundaries • Updating the hydraulic model to the current GIS • Pressure testing and hydraulic model calibration • Updating existing, 5-year, 10-year, and 30-year hydraulic analyses • Risk Based Assessment and water line renewal planning • Energy and pump usage analysis • Water Quality Analyses • Distribution system capital improvements plan (CIP) and Master Plan Report Task A. Project Management, Kickoff Meeting, and Data Collection A.1 Proiect Kickoff Meeting (Meeting #1): Freese and Nichols, Inc. (FNI) will meet in -person with the City to review scope, project team and schedule of the project, and present a data request memorandum. A.2 Data Collection: FNI will compile information needed for population and demand projections from the City including GIS files, recently completed water system improvements, water production data, utility billing data, future land use data and population projections. A.3 Project Management and Administration: FNI will perform project management duties including preparing and updating the project schedule, monthly invoicing, development of monthly progress reports, written summaries of meetings (minutes), and any informal project collaboration. A.4 Collaboration with City Staff. FNI will meet with City staff monthly through online virtual meetings. The purpose of these meetings is to collaborate with the City on any concerns or issues concerning results, recommendations, or any questions the City may have. The frequency of collaboration may vary based on the project phase, but it is anticipated that 2 Water Distribution System Model & Master Plan Update Page 12 of 21 hours monthly will be designated for these activities for the FNI project team. These meetings are separate from the identified project milestone meetings. Task B. Population and Water Demand Projections B.1 Review and Evaluate Historical Water Usage Data: FNI will review and evaluate historical water usage overall and by single family residential, multifamily residential, commercial/ industrial and selected large users. FNI will utilize the City's Strategic Water Supply Plan and other related documents/studies to maintain consistent planning in the development of water demand projections. B.2 Identify Potential Future Service Area Boundaries: FNI will review the City's existing pressure zones and identify the geographical limit of the zones utilizing only existing pump stations and elevated storage. Considerations, such as additional pump stations and elevated storage, will be made for extending the service area to recently and anticipated annexation areas. B.3 Population Coordination Virtual Meetings: FNI will conduct virtual meetings with the City's Planning Department and Strategic Water Supply Plan consultant. The goal of the meetings is to develop a consistent set of demographics between the studies which will form the basis for the analysis and subsequent capital project recommendations. B.4 Develop Population and Non-residential Growth Projections: FNI will utilize information from the City's Planning Department and develop updated population and non-residential growth projections for 5-year, 10-year and 30-year planning periods for the identified water service area. B.5 Develop and Distribute Existing Demands: FNI will utilize data from the City's billing system database to geocode and allocate existing demands throughout the City. The data will consist of metered usage fields for each customer account. If available, FNI can utilize the City's AMI data in addition to the billing information. FNI will review Summer 2022 data and compare to historical data to determine impacts of conservation on maximum day and peak hour demands. Demands will be distributed for average day and maximum day conditions. B.6 Develop Water Demand Projections: Utilizing selected design criteria, per-capitas, peaking factors and land use assumptions, FNI will develop projected average day, maximum day, and peak hour demands for 5-year, 10-year and 30-year planning periods. B.7 Allocate Future Water Demands throughout the City: FNI will distribute projected water demands for 5-year, 10-year and 30-year conditions for average day and maximum day by pressure zone and by smaller planning areas. Large water users (both retail and wholesale) will be distributed as point loads. Water Distribution System Model & Master Plan Update Page 13 of 21 B.8 Meet with City staff on Po ulation and Water Demand Projections(Meeting #2 : FNI will prepare for and meet with the City in -person to discuss population and water demand projections. Task C. Field Testing, Model Update & Calibration C.1 Identify and Map Pressure Recorder Locations: FNI will meet with the City to identify up to 20 locations throughout the City for field testing based on model calibration needs and areas of concern from City. Twenty pressure testing recorders will be furnished by FNI to be installed by the City. C.2 Conduct Summer Pressure Testiniz: FNI will assist and coordinate with the City in performing pressure testing. Testing will consist of recording pressure readings for a two - week time period. FNI will prepare procedures for field testing showing proposed location of testing, duration of testing, required SCADA data during testing period, and assistance from City staff. FNI will set up the pressure recorders for the desired recording interval and download and process the field collected data. The City will install and remove the pressure recorders on the designated fire hydrants. C.3 Develop Permanent Pressure Testing Location Recommendations: FNI will utilize the data from the temporary pressure testing period as well as available City data to determine additional sites where permanent devices are recommended to be installed. CA Hydraulic Model Update: FNI will update the hydraulic model to add distribution system network elements added to the City's GIS from the 2022 model update. Elements include newly added water system facilities and waterlines as well as planned elements under design or construction to be considered as part of the performance analyses. C.5 Conduct EPS Model Calibration: FNI will conduct a 24-hour extended period simulation model calibration by adjusting c-factors, peaking factors, diurnal curves, and demand distribution until modeling results match the field pressure measurements and pump/tank operation. FNI will provide comparison graphs and mapping to document model calibration results. Task D. Water System Hydraulic Performance Analysis D.1 Perform Average Day EPS Modeling of Existing System: FNI will utilize SCADA data from typical average day demand system operation to develop an existing system average day EPS simulation. FNI will conduct EPS modeling of the existing water system for average day operating conditions to evaluate tank cycling, system pressures and deficiencies within the existing water system. FNI will prepare graphs that document system operations and mapping which document system pressures for the existing system average day EPS scenario. Water Distribution System Model & Master Plan Update Page 14 of 21 D.2 Perform Maximum Day EPS Modeling of Existing System: FNI will utilize SCADA data from typical maximum day demand system operation to develop an existing system maximum day EPS simulation. This scenario will include the maximum hour demand condition. FNI will conduct EPS modeling of the existing water system for maximum day operating conditions to evaluate tank cycling, system pressures, and deficiencies within the existing water system. FNI will prepare graphs that document system operations and mapping that documents system pressures for the existing system maximum day EPS scenario. D.3 Conduct Fire Flow Analysis for Existing System: Utilize water system model to conduct fire flow analysis under existing system maximum day demands to identify areas with less than adequate fire flow capacity. A minimum fire flow of 1,000 gpm will be used for analysis. The City will provide fire flow requirements for customers with required fire flows greater than 2,000 gpm, where available. Mapping of available fire flows will be overlaid on the existing water system network. D.4 Evaluate TCEQ Capacity Requirements Compliance: FNI will evaluate the system by pressure zone for compliance with the TCEQ Chapter 290 water system capacity requirements. FNI will analyze production capacity, pumping capacity, elevated storage capacity, and total storage capacity by pressure zone to determine if any deficiencies exist. D.5 Evaluate Existing Pressure Zone Delineation: FNI will analyze existing pressure zone delineation based on modeling results, field testing data and water supply locations. FNI will evaluate and recommend modifications to the existing pressure zone boundaries. FNI will present mapping showing proposed water system pressures throughout City under new pressure zone boundary alternatives vs. existing pressure zone delineation. D.6 Perform Water Age Modeling for Existing System: FNI will conduct water age modeling for the existing water system for up to three (3) different operational scenarios using the operational controls developed in the previous task. FNI will run the EPS water age model for adequate simulation duration to ensure a repeating pattern of water age. FNI will use the EPS model to investigate potential operational modifications to reduce water age in areas of concern. FNI will prepare large scale color -coded mapping showing the water age throughout the system. D.7 Conduct Source Trace Modeling: FNI will conduct source trace modeling for up to three operational scenarios to identify mixing zones within the distribution system. FNI will prepare large scale color -coded mapping showing the predicted mixing zones throughout the system. D.8 Utilize 30-Year Model to Determine Sizing of Water System Improvements: FNI will utilize the 30-year EPS scenario with projected demands to evaluate alternatives to meet future water demands, including further leveraging CRMWABailey County/Lake Alan Henry supply. FNI will determine the sizing of water system pipelines, elevated and ground storage, and pumping facilities needed to serve 30-year demands throughout each pressure Water Distribution System Model & Master Plan Update Page 15 of 21 zone service area using the EPS model analyses under maximum day demand conditions. The minimum line size for recommended piping improvements will be 12-inches, with the exception of dead-end looping or water quality related improvements. D.9 Chlorine Residual Data Analytics and Trend Analysis: FNI will analyze City collected water quality and operational data to identify spatial, operational, and temporal trends in regard to chlorine residuals. FNI will use the mapped sample sites as well as database of historical data in conjunction with the water age and source tracing model scenarios to identify potential relationships that impact distribution system water quality. D.10 Utilize Water System Model to Evaluate System Reliability: FNI and the City will jointly identify up to three (3) outage scenarios, the desired level of service and system criteria for the system reliability analysis. FNI will utilize the water model with proposed improvements to determine system capacity for selected major outage conditions. FNI will present reliability modeling results to the City and make adjustments to the proposed system improvements as needed to reduce the water system vulnerability to changes in water supply. D.11 Develop Water System Improvement Project Documentation and Triggers: FNI will develop detailed project documentation and implementation triggers for each of the identified water system improvements. System improvements will include transmission, storage, pumping and distribution system related needs for each pressure zone. FNI will evaluate existing remaining capacity of key infrastructure and provided documentation on how projects may be tied to other identified improvements. D.12 Meet with City Staff to Present Results of the Model Calibration and Distribution System Analysis (Meeting #3): FNI will prepare for and meet in -person with City staff to discuss results of the existing and future system analysis, including the capacity analysis and trigger points for the recommended improvements. FNI will also prepare mapping showing comparison of water pressure testing results and SCADA data vs. model pressure results for water model calibration. Task E. Water System Risk -Based Assessment (RBA) and Water Line Replacement Program E.1 Review Existing Pipeline Renewal Prioritization Processes: FNI will review and document any existing systems, processes, and strategies for water pipeline infrastructure renewal and rehabilitation. E.2 Data Evaluation and Gap Analysis: FNI will review and evaluate the existing water system pipeline data, including GIS, work order history from the City's CMMS, main break history, and maintenance data to determine the data's suitability for use in the risk -based assessment program. FNI will identify gaps in the desired data, including the projected magnitude of effort required to collect the data and level of importance of the data. Water Distribution System Model & Master Plan Update Page 16 of 21 E.3 Develot) Draft Condition and Criticalitv Scoriniz Parameters for Pipelines: FNI will work with the City to develop a draft condition and criticality scoring system for water system pipelines. • Potential pipeline condition parameters include: o Pipe age o Pipe material o Maintenance history o Main break history o Soil conditions • Potential pipeline criticality parameters include: o System redundancy o Number of customers served o Fire flow o Ease of access for repairs o High impact customers (hospitals, schools, central business district, etc.) o Alley/street condition/replacement schedule EA Apply Condition and Criticality Scoring System to Pipelines: Based on available data, FNI will apply the condition and criticality scoring system to the distribution pipeline network. Each identified line segment will receive a condition, criticality, and overall risk score, and an overall prioritized ranking of pipelines will be prepared. FNI will develop large-scale color -coded mapping of the results of the condition, criticality, and risk scoring analysis. E.5 Develop Renewal CIP: FNI will work with the City to develop a strategy to utilize the results of the RBA to develop a prioritized water renewal plan and CIP. Potential considerations include triggers for CIP inclusion and funding constraints. FNI will cross- reference the recommendations from the City's wastewater renewal planning to determine if any overlap exists. FNI will develop a water renewal program CIP that includes project packaging, prioritization, descriptions, mapping, and conceptual cost estimates by fiscal year, if desired. Task F. Energy Analysis and Pump Optimization F.1 Update and Document Pump Efficiency Curves: FNI will coordinate with City staff to obtain pump efficiency curves for all new and replaced high service and distribution system pumping units since the previous Water Master Plan. FNI will utilize existing pump efficiency curves for units that have not changed since the previous Master Plan. FNI will review original shop curves and energy consumption by pumping unit if available to document existing pump efficiency curves and current best efficiency point (BEP). If necessary, FNI will contact pump vendors to try to locate information on missing pump efficiency curves. F.2 Review and Document Historical Energy Usage and Cost Structure: FNI will review available information over the last five years on historical energy usage at high service and Water Distribution System Model & Master Plan Update Page 17 of 21 distribution system pump stations including available SCADA data and energy billings. FNI will document this information and identify any trends in the data. FNI will coordinate with the City and/or the electric utility to document the existing cost structure including cost per KW-hr and peaking charges including any seasonal, hourly, or locational variations. F.3 Input Updated Efficiency Curves and Energy Costs to Model: FNI will input the collected data on pump efficiency curves, where required, and energy costs into the water model for use in energy modeling. F.4 Expand Water Model to Include Supply Source Pump Stations: FNI will expand the existing hydraulic water model to include high service pump stations at each water treatment plant and the Bailey County Well Field pump station. This will allow FNI to evaluate pump efficiency and pumping costs at the City's supply points into the distribution system. F.5 Utilize Water Model to Optimize Pumping: FNI will utilize the water model to determine the most efficient pumping configuration for up to three (3) operational scenarios determined jointly by FNI and the City. FNI will work with the City to prescribe upper and lower limits on acceptable operational criteria such as system pressures, pump cycling, water age, tank levels and pipeline velocities. The intent of the program will be to select pumps for a given demand condition that meet the required level of service parameters at a reduced energy cost. F.6 Develop Recommendations to Optimize Energy Usage in the Distribution System: FNI will utilize the results of the historical data analysis and energy modeling to develop recommendations for optimizing energy use. Recommendations could include capital projects and/or operation and maintenance enhancements. F.7 Meet with City Staff on Energy Analysis Results and Recommendations (Meeting #4): FNI will meet with the City in -person to discuss the Water System RBA results, Renewal CIP, and Energy Analysis. Once developed, the renewal CIP will be incorporated with the other recommendations for the Comprehensive CIP. Task G. Capital Improvement Plan, Master Plan Report and Presentations G.1 Develop Draft Capital Improvement Plan (CIP) Costs Prioritization and Mapping: FNI will develop budgetary level costs for each proposed project, draft CIP scheduling of projects based upon water system modeling requirements and reliability needs, project drivers (such as growth, regulatory, reliability, etc.), trigger points, and mapping. Costs will be in Year 2023 dollars and will include engineering and contingencies. G.2 Meet with City Staff on Draft Ca ital Improvement Plan(Meeting #5 FNI will prepare mapping and a presentation for and meet with the City in -person to discuss draft CIP, project prioritization and analyze alternative completion dates as necessary. Water Distribution System Model & Master Plan Update Page 18 of 21 G.3 Revise and Finalize Water System CIP: FNI will revise EPS modeling and hydraulic analysis based on City's comments and will develop a final water system CIP with costs for each proposed project, descriptions, drivers/justification, CIP scheduling of projects based upon revised water system modeling requirements and reliability needs, and mapping showing project locations. FNI will also develop a CIP dashboarding tool to support City staff with capital project planning activities. G.4 Prepare Draft Master Plan Report: FNI will prepare a Master Plan Report discussing assumptions, methodologies and findings for population and water demand projections, field testing and model calibration, existing and future system hydraulic analyses, and recommended Capital Improvement Plan including schedule and costs of improvements. Deliver five (5) copies of the draft report to City and an electronic copy in PDF format. G.5 Meet with City to Review Draft Master Plan Report (Meeting #6): FNI will meet with City staff virtually to discuss the draft Master Plan Report and will solicit any comments or feedback on the report document. G.6 Revise Master Plan Report to Incorporate City's Comments: FNI will revise the report based on City's comments and submit five (5) final hard copies and an electronic copy in PDF format of the Master Plan Report to the City. G.7 Conduct Water Master Plan Report Presentations: FNI will develop a presentation and present the results of the Water Master Plan to City Council as well as the Lubbock Water Advisory Commission (LWAC). Both meetings will be conducted in -person before the Council and LWAC. G.8 Deliver GIS Mapping and Modeling Files to the City: FNI will deliver the updated hydraulic water model and GIS files to the City. Water Distribution System Model & Master Plan Update Page 19 of 21 Summary of Deliverables • Water Distribution System Master Plan Report — May 2024 • Updated Hydraulic Water System Model — May 2024 • Water System GIS Shapefile/Geodatabase/Map Packages — June 2024 Summary of Milestone Meetings • Meeting #1: Project Kickoff Meeting — April 2023 • Meeting #2: Population and Water Demand Projections — June 2023 • Meeting #3: Distribution System Model Calibration Capacity and Modeling Analysis — October 2023 • Meeting #4: RBA, Renewal Planning, Energy and Pump Analysis — December 2023 • Meeting #5: Draft Capital Improvement Plan — February 2024 • Meeting #6: Draft Master Plan Report — May 2024 • City Council and LWAC Presentations — June 2024 • Monthly coordination/collaboration meetings (as needed) Responsibilities of City • Provide Data Request items. • Install/Remove the pressure recorders in the distribution system during field testing. Water Distribution System Model & Master Plan Update Page 20 of 21 Exhibit B Fee Summary Water Distribution System Modeling & Master Plan Update CITY and ENGINEER have established a not -to -exceed fee of $499,500 to complete all services under this Contract on a time and materials basis, as shown below by task. This amount will not be exceeded without a contract amendment. Fees for each task are estimates only and CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed fee. ENGINEER agrees to complete these services as delineated above. If a change in Scope of Services or Time of Performance becomes necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of work. Labor Expense Total Task Description Hours Effort Effort Effort Basic Services A Project Management, Kickoff Meeting, and 133 $32,145 $3,838 $35,983 Data Collection B Population and Water Demand Projections 184 $40,236 $4,334 $44,570 C Field Testing, Model Update & Calibration 170 $33,468 $14,020 $47,488 D Water System Hydraulic Performance 539 $112,192 $7,539 $119,731 Analysis E Water System Risk Based Assessment and 286 $65,188 $2,431 $67,619 Water Line Replacement Program F Energy Analysis and Pump Optimization 223 $47,782 $4,853 $52,635 G Capital Improvement Plan, Master Plan 533 $119,457 $12,018 $131,475 Re ort and Presentations Grand Total 2,068 $450,468 $49,032" II Water Distribution System Model & Master Plan Update Page 21 of 21 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1000066 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 03/28/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16931 Resolution 2023-RO151 Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Johnson, Kevin Dallas, TX United States X Hatley, Tricia Oklahoma City, OK United States X Greer, Alan Fort Worth, TX United States X Archer, Charles Raleigh, INC United States X Coltharp, Brian Fort Worth, TX United States X Pence, Bob Fort Worth, TX United States X Wolfhope, John Austin, TX United States X Reedy, Mike Houston, TX United States X Payne, Jeff Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Stephanie Stephenson and my date of birth is My address is 801 Cherry Street, Suite 2800 Fort Worth TX 76102 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas , on the 28 day of March , 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1000066 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 03/28/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 04/21/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16931 Resolution 2023-RO151 Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Johnson, Kevin Dallas, TX United States X Hatley, Tricia Oklahoma City, OK United States X Greer, Alan Fort Worth, TX United States X Archer, Charles Raleigh, INC United States X Coltharp, Brian Fort Worth, TX United States X Pence, Bob Fort Worth, TX United States X Wolfhope, John Austin, TX United States X Reedy, Mike Houston, TX United States X Payne, Jeff Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0