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HomeMy WebLinkAboutResolution - 2023-R0496 - PSA 17618, With Freese & Nichols, Inc - 10/10/2023Resolution No. 2023-R0496 Item No. 5.14 October 10, 2023 RESOLUTION B� IT RESOLVED BY THE CITY COIJNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17618 design services for the southeast water reclamation plant No. 3 BNR improvements, by between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Cont: is attached hereto and incorporated in this resolution as if fully set forth herein and shall included in the minutes of the City Council. Passed by the City Council on October 10, 2023 . • • • �]� � � �C�ZK�),�ITDl�fll� � � Erik Rejino, Assistant City Manager AP ROVED AS TO FOKM: � lli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-Nu. 1761 R— SEWRP No. 3 design 9.25.23 Resolution No. 2023-R0496 PROFESSIONAL SERVICES AGREEMENT STATE OF T�XAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("AgreemenY') Contract No. 17618 is entered into this _l Oth day of October , 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 Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Southeast Water Reclamation Plant No. 3 BNR Improvements Engineering Design 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 600 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 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, a lump sum fee of $1,412,219 for basic services and $87,172 for special services for a total contract amount of $1,499,391 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 concunently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 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. ART[CLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub-consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VIIL INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub- consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non-owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub-consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub-consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. 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 Page 4 of 11 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 "B", attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant. Any agent and/or Sub-consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENG[NEER 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 K[ND, CHARACTER, TYPE, Page5of11 OR DESCR[PT[ON, [NCLUDING WITHOUT LIMIT[NG THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR [NJURY 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 NEGL[GENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND�'OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERAT[ONS OR OMISSIONS UNDER THIS AGREEMENT AND�'OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Freese & Nichols, Inc. Chad Simmons, P.E. 801 Cherry Street, Suite 2800 Fort Worth, Texas 76102 Telephone: (817) 735-7305 Email: chad.simmons�freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Zoltan Fekete, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3317 Email: zfekete@mylubbock.us Page 6 of 11 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY-PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non-confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. 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 [S PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PART[ES 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 Page 7 of 11 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 cotnpetent 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, modifcation, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreeinent 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 party'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 Page 8 of 11 thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non-Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity inay not enter into a contract with a company for goods or services unless the contract contains a written verification from the coinpany that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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 frearm entity or firearm trade association. R. Contractor represents and wanants 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 tenn 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 Page 9 of 11 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. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Courtney Paz, City Secre ry APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO FORM: . - Kelli Leisure, Senior Assistant City Attorney Firm FREESE AND NICHOLS,INC. By: Nicholas Lester, P.E., VP/Principal Email: ncl@freese.com Page 11 of I l F;XHIBIT A SCOPE OF SERVICES FOR: SOUTHEAST WATER RECLAMATION PLANT NO. 3 BNR IMPROVEMENTS ENGINEERING DESIGN SERVICES Ceneral: One of the City of Lubbock's (OWNER) goals from the Strategic Water Supply Plan is to improve the effluent quality of its Southeast Water Reclamation Plant (SEWRP) No. 3 such that it can be discharged directly to the North Fork of the Double Mountain Fork of the Brazos River. The purpose of this project is to incorporate biological nutrient removal (BNR) into the SEWRP No. 3, along with supporting improvements, to allow direct discharge of effluent into the North Fork of the Double Mountain Fork of the Brazos River. A. This Project includes the following services: 1. Project Management 2. Final Engineering Report 3. Preliminary Design 4. Final Design 5. Bid Phase Services 6. Topographic Survey and LiDAR Scan 7. Geotechnical Engineering 8. TPDES Permitting B. The Project does not include the following services: 1. Use of collaborative project delivery (CMAR or design-build). 2. General Representation and Resident Project Representation. 3. Preparation of an Environmental Technical Memorandum, preparation of a Pre-Construction Notification, coordination with the Texas Historical Commission, individual Section 404 permit application to the USACE, performing a survey for federally listed threatened or endangered species, providing cultural resource survey, or preparation of a Phase IIII environmental site assessment. ARTICLE I :. �� A. Task 1- Project Management 1. Perform general administrative duties associated with the Project, including progress monitoring and monthly progress reporting, scheduling, general correspondence, documentation, office administration, project team management, implementation of a Quality Assurance (QA) and SEWRP No. 3 BNR [mprovements Page 1 of 11 Quality Control (QC) program for the project, and invoicing for the scope items identified below. Documentation shall be in accordance with OWNER requirements for the Project. These duties include maintaining regular communication with the OWNER to help ineet the needs of the OWNER in a timely manner and executing work per the work plan, budget, and schedule. 2. Prepare a Microsoft Project schedule. The project schedule will not be resource loaded. 3. Prepare and deliver up to fifteen (15) monthly reports to the OWNER regarding project status, anticipated upcoming work, information needs, status of deliverables, and project schedule. 4. Prepare for and facilitate an in-person project kick-off workshop to clarify the OWNER's requirements for the Project, review the scope of services, Project staf�ng and organization, and schedule. 5. Conduct up to nine (9) periodic virtual progress meetings with the OWNER. 6. Prepare for and facilitate four (4) review workshops with the OWNER at the 30%, 60%, 90%, and final design deliverables. Prepare draft summaries to include action items lists, decisions lists, and general discussion topics for review and approval by OWNER. It is assumed the 30%, 60%, and 90% workshops will be in-person and the final design workshop will be virtual. Detailed design elements shall be developed using AutoCAD and Autodesk Revit B[M software for modeling the plant arrangement, coordinating with the OWNER on the detailed mechanical, equipment, and structures, and for the development of plan sheets for bidding purposes. As such, some reviews will include 3D BIM Model reviews, and some will incorporate traditional2D plan reviews. B. Task 2 Final En in� eerin� Report Further develop the selected baseline BNR alternative from the SEWRP No. 3 BNR Improvements Final Alternative Treatment Technology Evaluation Report (FNI, 2022) into a Final Engineering Report that establishes the basis of design and requirements of TCEQ 217. The report will include the following: a. Project background b. Map of the SEWRP site, buffer zone, and 100-year floodplain c. Proposed Site Plan d. SEWRP No. Process Flow Diagram e. SEWRP No. 3 Hydraulic Profile £ Design flows and loads g. Final sizing of oxic, anoxic, and anaerobic selector zones h. Design criteria for major equipment (no. of units, capacity, motor horsepower etc.) for the following: • aeration basin blowers • 4160V MCC at blower building • aeration basin diffusers • aeration basin hyperboloid mixers • aeration basin nitrified recycle pumps SEWRP No. 3 BNR Improvements Page 2 of 11 • chemical storage tank(s) • chemical feed pumps • pritnary sludge pumps • post aeration aspirating mixers e. As part of the blower MCC replacement, a power system analysis consisting of motor starting study will be performed to model the starting of the blowers and what impact the starting the blowers via reduced voltage starters has on the plant's electrical distribution system. f. List of supporting improvements g. Develop an opinion of probable construction cost (OPCC) for the recommended improvements. h. The draft Final Engineering Report will be delivered at the same time as the 30% design deliverable. Provide one (1) electronic copy in PDF format and eight (8) hard copies of the draft Final Engineering Report to the OWNER. Incorporate comments received from the 30°/o review workshop in Task No. 1 into the report and deliver one (1) electronic copy in PDF format of the Final Engineering Report and four (4) hard copies to the OWNER. C. Task 3- Preliminary Desi�n Phase (30%1 Incorporate biological nutrient removal into the SEWRP No. 3 activated sludge system consistent with the baseline alternative recommendations of the SEWRP No. 3 BNR Improvements Final Alternative Treatment Technology Evaluation Report (FNI, 2022) and Final Engineering Report (Task 2). The following design elements are included in the SEWRP No. 3 BNR Improvements: 1. Existing Aeration Basins a. Remove and replace the diffusers. Modify the pipe drops to accommodate the new diffuser arrangement. It is assumed there will be no automation for airflow to the drops. b. Add internal concrete baffle walls (3 per basin x 3 basins). c. Add 4 hyperbolic mixers and supporting walkways (4 per basin x 3 basins). d. Add internal recycle pump (1 per basin x 3 basins). e. Remove the influent slide gates along the aeration basin influent Y-channel and blind flange the opening. Remove and replace the top of the aeration basin influent concrete Y-channels. Consider filling in the channels. It is assumed the OWNER will be able to remove one of the Y- channel top concrete panels in order for the design team to visually inspect the condition of the concrete. g. Modify the influent piping to have separate lines for raw influent and return activated sludge. h. Replace the drain mud valves. i. Remove the chain linked fence railing and replace with aluminum handrails. 2. Existing Aeration Basin Pipe Gallery a. Remove and replace the membrane roof. SEWRP No. 3 BNR Improvements Page 3 of 11 b. Remove and replace the transformer and panelboard. c. Add electrically actuated modulating valves and flow meters on the primary effluent piping and return activated sludge piping to allow flow to be equally split to the three aeration basins. The primary effluent piping and return activated sludge piping will be fed separately to each basin (i.e. not combined). d. It is assumed there are no HVAC modifications required for the Aeration Basin Pipe Gallery. 3. Existing Aeration Basin Blower Building a. Remove and replace the multistage centrifugal blowers with new multistage centrifugal blowers. It is assumed the new blowers are constant speed and will not be on VFDs. b. Remove and replace the 4160V MCC. c. Modify roof downspouts on the south end of the building to drain away frotn the building. d. Other than removed or modified equipment pads, it is assumed no structural modifications will be required for equipment being removed and replaced and no HVAC modifications are required. 4. Existing Primary Clarifier No. 1 a. Remove and replace the control panel. b. It is assumed no structural modifications will be required for equipment being removed and replaced. 5. Existing Primary Sludge Pump Station a. Reinove and replace the primary sludge pumps, piping, and valves. It is assumed the piping and valves will be replaced in-kind and replacement is limited to what is inside the pump station building. b. Remove and replace the control panels and instrumentation. c. Remove and replace the HVAC system. d. Remove and replace the membrane roof. e. Other than removed or modified equipment pads, it is assumed no structural modifcations will be required for equipment being removed andreplaced. 6. Existing Filter Complex a. Remove and replace the filter control panels and exhaust fan starter. b. Remove and replace the exhaust fan. c. Add aspirating mixers for post aeration in the existing filter effluent channel. d. It is assumed no structural modifications will be required for equipment being removed and replaced. SEWRP No. 3 BNR Tmprovements Page 4 of 11 7. Existing UV Disinfection a. Coordinate with vendor to develop equipment replacement and refurbishment needs. b. Remove and replace the panelboards. 8. New Chemical Storage and Feed Facility a. Provide a new chemical storage and feed facility for chemical phosphorous removal. b. It is assumed the chemical storage tank(s) will be located outside within a concrete containment structure and the pumps will be located adjacent to the containment area and indoors in a FRP enclosure or in a pre-engineered metal building, siinilar to the chemical storage and feed system for Plant No. 4. 9. Plant No. 3 Effluent Yard Piping a. Tie into the existing effluent piping of the W Disinfection Facility and route new yard piping to Outfall No. 7. Evaluate options for tying into Outfall No. 7 including; (1) tying into the effluent channel of the Plant No. 4 Cascade Post Aeration Structure, (2) tying into the effluent piping between the Plant No. 4 Cascade Post Aeration Structure and Outfall No. 7 and (3) tying directly into Outfall No. 7. 10. Provide one (1) electronic copy in PDF format and eight (8) hard copies of the 30% design documents for review by the OWNER. The 30°/o design documents will include process flow and instrumentation diagrams (P&ID), proposed process layouts, and a specification list. During the workshop, the design team will walk the OWNER through the facility 3D models and 2D drawings, including relevant treatment process, structural, electrical, architectural, and plumbinglHVAC elements. Comments will be discussed during the 30°�o design workshop in Task No. 1. D. Task 4— Final Desigr► Phase Obtain and review OWNER-furnished front-end documents, general conditions, and special conditions for the construction contracts. Meet with OWNER to review comments, and revise OWNER's standard documents accordingly. 2. 60% Review: Prepare drawings, specifications, and construction contract documents of improvements to be constructed. Furnish OWNER eight (8) sets of copies of drawings, specifications, and bid proposals. FN[ will meet with the Owner in-person to present the plans and specifications and receive comments. Review documents will include a detailed review of both model spaces and conventional 2D construction contract drawings. FN[ will receive coinments from OWNER and address comments in the 60% Review Workshop. 90°Io Review: Furnish OWNER eight (8) sets of copies of drawings, specifications, and bid proposal. FNI will meet with the OWNER in-person to present the plans and specifications and receive comments. During the review workshop, discuss Maintenance of Plant Operations (MOPO) and construction sequencing. 4. 100% Review: Furnish OWNER eight (8) sets of copies of drawings, specifications, and bid proposal. FNI will meet with the OWNER virtually to present the plans and specifications and receive comments. During the review meeting, discuss Maintenance of Plant Operations (MOPO) and construction sequencing. Upon final approval by OWNER, FN[ will provide OWNEReight (8) sets of copies of "Issued for Bid" plans and specifications. SEWRP No. 3 BNR [mprovements Page 5 of 11 5. Deliverables for the Final Design Phase include: a. Front-end documents for construction b. OPCC at 60%, 90°/0, and 100°/o submittals c. 60°/o submittal of Plans and Specifcations d. 90°/o subinittal of Plans and Specifications e. 100% submittal of Plans and Specifications f. Final (issued for bid) Plans and Specifications E. Task 5- Bid Phase Services Bid Phase Services assumes the project is constructed with a traditional design-bid-build process with competitive sealed proposals and is bid only once. Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, FNI will proceed with the performance of services in this phase as follows: 1. Issue a Notice to Bidders for the OWNER to distribute to prospective contractors and vendors, and to selected plan rooms, using the OWNER's standard bid process. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid byOWNER. Assist OWNER by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders, if necessary, following the OWNER's standard bid process. Assist the OWNER in conducting a pre-bid conference for the construction project and coordinate responses to questions with OWNER. Responses to the pre-bid conference questions will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre-bid conference. 4. Develop an example "Construction Sequence" presentation, demonstrating to potential Contractors possible methodologies for sequencing construction events. FNI will also provide special procedures and construction constraints, clearly identified in the plans, specs and in the presentation, to define limitations for the Contractor to take any unit process or plant facility out of service for construction. Present the sample construction sequence at the pre- bid conference. At OWNER request, FNI will assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. 6. Prepare Notice of Award for the OWNER to issue to the Contractor upon award of the Contract by the OWNER with instructions of execution of the Contract Documents. 7. Assist the OWNER in reviewing executed Contract Documents, bonds, and certificates of insurances for conformance with the requirements of the Contract Documents. 8. Forward Contract Documents to the OWNER with a recommendation of execution and distribution of documents. Up to eight (8) half-size confonned construction plans, four (4) sets of executed construction specifications, and four (4) sets of conformed construction SEWRP No. 3 BNR Improvements Page 6 of 11 specifications shall be provided. Conformed plans and specifications shall incorporate any changes from addendum into the Contract Documents. 9. Deliverables for the Bid Phase include: a. Notice to Bidders b. Electronic copies of plans, specifications, bidding documents, and addenda c. Recominendation of Award with tabulation of bids d. Notice of award e. Conformed contract documents for execution and distribution ARTICLE II Snecial Services: A. Task 6— Topographic Survev and LiDAR Scan FNI will retain, monitor, and direct, through a subcontract, the efforts of a survey firm (Hugo Reed) to provide the following services: 1. Provide detailed topographic surveying within the limits of the Project showing existing contours at a one-foot interval. 2. Establish at least two (2) horizontal and vertical control points for the Project. The horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates and the vertical control being based on the North American Vertical Datum NAVD-88. 3. The survey will tie down existing features on the property including existing above grade structures and surface features associated with underground utilities to provide a base for the design phase. 4. Prepare composite base map of all features located in the field through the survey. 5. Identify existing property boundaries, right-of-way lines and easements that are shown on existing recorded plats. 6. Perform a full-room LiDAR scan of Aeration Basin Pipe Gallery room using 3D photogrammetry technology and LiDAR laser scanning. Process the resultant point cloud into an RCP file compatible with Revit. B. Task 7- Geotechnical En in� eering The proposed geotechnical scope of work will consist of field exploration, laboratory testing, engineering analysis and reporting, and design as follows: 1. Provide geotechnical recommendations for foundation design for the following proposed structures: a. Chemical feed storage tank(s) b. Chemical feed building 2. Provide boring log(s) for Plant No. 3 effluent piping. SEWRP No. 3 BNR [mprovements Page 7 of 11 3. Field Exploration a. FNI will meet with plant staff to locate the borings clear from existing utilities and accessible to truck-mounted drilling rig. Notify Texas 811 to request location and marking of existing underground utilities prior to the field exploration. b. Subcontract with a geotechnical drilling contractor for a Geotechnical Data Report to include up to 3 borings; 2 borings to maximum depth of 25 feet for the chemical feed facility, and 1 boring to 15 feet for a 42-inch pipeline in the plant area. Samples will be collected intermittently using continuous flight augers and either split-spoon or tube samplers. Rock and rock-like materials will be tested insitu using a TxDOT Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be backfilled with auger cuttings. 4. Laboratory Testing a. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor with results provided in the Geotechnical Data Report. b. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: l. Classification tests (liquid and plastic liinits and percent passing the no. 200 sieve or gradation) 2. Moisture content 3. Dry unit weight 4. Unconfined compressive strength 5. One-dimensional swell (restrained) 5. Engineering Analysis A. Prepare a technical memorandum of the geotechnical investigation to include: 1. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. 2. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. 3. Foundation design recommendation and site preparation recommendations for the chemical feed facility. 4. General discussion of expected construction related issues. 5. Earthwork related recommendations for use during development of the plans and specifications. B. A Geotechnical Memorandum will present the foundation design recommendation. The Geotechnical Data Report will be included with the Geotechnical Memorandum. C. Task 8— TPDES Major Permit Amendment FNI will assist the OWNER in applying for a TPDES Major Pennit Amendment to increase the permitted annual average flow of Outfall No. 7 beyond its current permitted liinit of 14.6 MGD up to 22.1 MGD. FNI will proceed with performance of these services as follows: SEWRP No. 3 BNR Improvements Page 8 of 11 Compile Existing Information and meet with OWNER: FNI will obtain the current TPDES permit application forms from the TCEQ. Where appropriate, FNI will use information, including pertinent maps and drawings, from the OWNER's previous TPDES permit application to address questions in the current application. If necessary, FNI will meet with the OWNER to review data, identify other information needed for the application, and take photographs and make general observations at the facility site. OWNER shall provide to FNI all previous application documents and relevant data. 2. FNI will facilitate a virtual pre-application meeting with TCEQ and OWNER to discuss the proposed improvements and anticipated limits. Compile Effluent Analysis Results: FNI will coordinate with the OWNER and its laboratory in obtaining laboratory analyses required for the permit application. FNI will provide the OWNER and its designated laboratory with copies of tables from the current OWNER application form for the laboratory to complete. FNI proposes that the laboratory complete these tables to reduce the risk of transcription errors. Upon receipt, FNI will review the tables for consistency with TCEQ required minimum analytical limits (MALs) and for reasonability of the results. OWNER shall contract directly with the analytical laboratory as needed and provide the necessary data. 4. Prepare Permit Application and Transmittal Letter: FNI will prepare a draft permit ainendment application and provide a digital copy for the OWNER's review. The application will include maps, engineering drawings, schematic diagrams, and other required figures. FNI will fnalize the application based on the OWNER's comments and deliver a final original application andthree (3) copies for the OWNER to transmit to the TCEQ. FNI will also provide up to two (2) copies of the final application for the OWNER's files. Post Application Submittal Follow-up: Following submittal of the application, FNI will answer questions and respond to up to four requests (approximately 40 hours) for additional information from the TCEQ. Additional effort for TCEQ requests for information can be provided as an additional service, if needed. 6. Review TPDES Draft Permit: FNI will review the draft TPDES permit issued by the TCEQ following TCEQ's review of the renewal application. FNI will prepare a memorandum outlining the changes to the draft permit and general comments regarding the draft permit for theCLIENT to review prior to the TCEQ response deadline. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services in accordance with the following schedule: Notice to Proceed (NTP) Final Engineering Report 30% Design Submittal 60% Design Submittal 90% Design Submittal ] 00% Design Submittal Set by OWNER after Council execution of this Agreement 90 days after NTP 90 days after NTP 90 days after 30°/o review workshop�'OWNER comments 90 days after 60°/o review workshoplOWNER comments 40 days after 90°/o review workshoplOWNER comments SEWRP No. 3 BNIt Improvements Page 9 of 11 Final Plans and Specifications 30 days after 100°lo review meetinglOWNER comments Bid Phase Services 90 days after OWNER approval of final plans and specifications The above schedule assumes a total Project schedule of 600 calendar days. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in Attachment CO. ARTICLE IV DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - Zoltan Fekete, 1314 Avenue K, Lubbock, Texas 79401; Phone 806- 775-3317; email zfekete a,mail.ci.lubbock.tx.us FNI's Designated Representative - Chad Simmons, 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102; Phone 817-735-7305; email chad.siminons(c�freese.com FNI's Accounting Representative - Erin Westbrook, 801 Cherry Street, Suite 2800, Fort Worth, Texas 76102; Phone 817-735-7290; email erin.westbrook(a,freese.com SEWRP No. 3 BNR [mprovements Page 10 of 11 EXHIBIT A, PART 2, ADDITIONAL SERVICES SOUTHEAST WATER RECLAMATION PLANT NO. 3 BNR IMPROVEMENTS ENGINEERING DESIGN SERVICES ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. B. Lead and asbestos survey. C. Conducting pilot plant studies or tests. D. General Project Representation during construction phase. E. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase F. Startup and Commissioning Services. G. Use of collaborative project delivery methods (CMAR or design-build). H. Services required to resolve bid protests or to rebid the projects for any reason. I. Updating the SEWRP Operation and Maintenance Manual to incorporate the proposedfacilities. J. Preparation of a Section 404 permit application or coordination with the U.S. Anny Corps of Engineers (USACE). K. Presencelabsence surveys for federally listed threatened/endangered species. L. Conducting cultural resources studies or surveys. M. Phase IIII Environmental Site Assessments. N. Other environmental permitting assistance or services not specifically described under SPECIAL SERVICES of this scope. O. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. P. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. Q. Furnishing Special Inspections required under chapter 17 of the International Building Code. These Special Inspections are often continuous, requiring an inspector dedicatedto inspection of the individual work item, and they are in addition to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. R. Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). S. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. SEWRP No. 3 BNR Improvements Page 11 of 11 EXHIBIT A, PART 3, RESPONSIBILITIES OF T��E OWNER SOUTHEAST WATER RECLAMATION PLANT NO. 3 BNR IMPROVEMENTS ENGINEERING DESIGN SERVICES RESPONSIBILITIES OF Owner: Owner shall perfonn the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders, herein so called, may be required. Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the responsibility of Engineer for the costs of Change Orders will not include: • any costs that Owner would have incurred if the Change Order work had been included originally in the Contract Documents and its lack of inclusion was not due, in whole or in part, to any fault, error, or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are incurred due to the negligence of the construction contractor Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the drawings and specifications. D. Assist FNI by placing at FN['s disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project as provided in this AGREEMENT. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, except as otherwise the responsibility of FNI as provided in this AGREEEMENT. H. Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deeined necessary by Owner. FNI OWNER Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3. K. Provide the following services, unless provided specifically otherwise in this Agreeinent: a. Provide land acquisition services. b. Pay all permits fees and mitigation cost. c. Provide land title research and title policy. d. Provide advertise�nent for bids in local publications as required. FNI OWNER EXHIBIT B Budget Southeast Water Reclamation Plant No. 3 BNR Improvements Engineering Design Services Basic Services CITY and ENGINEER have established a lump sum budget of $1,412,219.00 to complete the Sasic Services under this AGREEMENT. These services will be billed monthly on an estimated percent completed basis. This amount will not be exceeded without a contract amendment. Special Services CITY and ENGINEER have established a not-to-exceed budget of 87 172 to complete the Special Services under this AGREEMENT. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT B. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. This amount will not be exceeded without a contract amendment. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be coinpleted within 600 calendar days from the Notice to Proceed. Exhibit B- SEWRP No. 3 Biological Nutrient Removal Improvements Page 1 of 4 EXHYBIT B Detailed Cost Breakdown Southeast Water Reclamation Plant No. 3 BNR Improvements Engineering Design Services Basic Services Description Project Management Final Engineering Report Preliminary Design Final Design Bid Phase Services Special Services Description Survey Geotechnical Engineering TPDES Major Pertnit Amendment Total Contract Amount Fee $231,325 $76,060 $288,191 $743,501 $73,142 Total $1,412,219 Fee $25,379 $27,019 $34,774 Total $87,172 $1,499,391 Exhibit B- SEWRP No. 3 Biological Nutrient Removal Improvements Page 2 of 4 EXHIBIT B Hourly Rate Schedule Compensation Southeast Water Reclamation Plant No. 3 BNR Improvements Engineering Design Services Position Principal / Group Manager Technical Professional - 6 Technical Professional - 5 Technical Professional - 4 Technical Professional - 3 Technical Professional - 2 Technical Professional - 1 CAD Technician/Designer - 3 CAO Technician/Designer - 2 CAD Technician/Designer - 1 Senior CAD Technician/Designer Construction Manager- 4 Construction Manager- 3 Construction Manager- 2 Construction Manager - 1 Corporete Projed Support - 3 Corporete Project Support - 2 Corporate Project Support - 1 Intern/ Coop Rates for In-House Services and Eautoment Mileaee Bulk Printine and Reoroduction StandardlRS Rates Small Format (per copy) Technoloev Char¢e Large Format (per sq. h.) $8.50 per hour Bond Glossy / Mylar Vinyl /Adhesive B& W $0.00 58.50 50.58 50.10 Mounting (per sq. ft.) 50.75 Binding(perbinding) Bi1lRate Rate 342 335 270 232 194 170 140 188 141 112 232 200 151 143 112 157 141 108 73 Fguioment Color Valve C�ew Vehicle�hour) $1 $0.00 Pressure Data Logger�each) $100 Water Qualiry Meter (per day) $200 $0.25 Microscope�each) $50 $0.25 Pressure Recorder(perday) $150 $0.25 Ultrasonic Thickness Guage(perday) $75 CoatinglnspectionKi[�perday) $300 Flushing/ Cfactor�each) $100 Backpack Electrofisher�each) $150 $urvev Gra de Sta nda rd Drone�perday) 52 $1 GPS (per day) 51 52 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reprodudion expense, communication expense, travel, trensportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff inembers, these services will be billed at a cost times a multipler of 1.10. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. Exhibit B- SEWRP No. 3 Biological Nutrient Removal Improvements Page 3 of 4 EXH�B�T B Sub-consultants Southeast Water Reclamation Plant No. 3 BNR Improvements Engineering Design Services ENGINEER will retain Hugo Reed & Associates, Inc. as a sub-consultant for professional surveying services. The ENGTNEER may also retain the services from other sub-consultants for geotechnical borings and associated laboratory testing. Exhibit B- SEWRP No. 3 Biological Nutrient Removal Improvements Page 4 of 4