HomeMy WebLinkAboutResolution - 2017-R0164 - Wastewater Master Plan - 05/11/2017Resolution No. 2017-RO164
Item No. 6.6
May 11, 2017
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, a Professional Service Contract No. 13135 for the
Wastewater Master Plan, by and between the City of Lubbock and Freese and Nichols, Inc., and
related documents. Said Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on May 11, 2017
DANIEL M. POPE, MAYOR
ATTEST:
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Ke-beca Garza, City Secret
APPROVED AS
in, P.E., Director of Public Works
APPROVED AS TO FORM:
A16� __
elli Leisure, Assistant City Attorney
RES. PS-Contract-13135Freese and Nichols, Inc.
04.20.17
Resolution No. 2017-RO 164
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 13135 is entered into this 11th
day of May , 2017, 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
the Wastewater Master Plan, (the "Activities"); and
WHEREAS, Engineer has a professional staff experienced and is qualified to provide
professional Engineer services related to Activities, and will provide the services, as defined below, for
the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and
WHEREAS, the City desires to contract with Engineer to provide professional services related to
the Activities desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Contract, the City and Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without interruption for
a term of 730 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.
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ARTICLE II. SERVICES AND COMPENSATION
A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A",
attached hereto (the "Services").
B. Engineer shall receive as consideration to be paid for the performance of the Services, in an
amount not to exceed $473,568.00, as set forth in Exhibit "B" and according to the fee schedule provided
in Exhibit "C".
ARTICLE III. TERMINATION
A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days
written notice to Engineer. In the event this Agreement is so terminated, the City shall only pay Engineer
for services actually perfonned by Engineer up to the date Engineer is deemed to have received notice of
termination, as provided herein.
B. Termination and Remedies. In the event Engineer breaches any term and/or provision of this
Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law,
equity, or otherwise, including without limitation, termination of this Contract 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.
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. 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. Engineer has the corporate power to enter into and perform this Contract and
all other activities contemplated hereby.
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C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
of Engineer. This Contract constitutes legal, valid, and binding obligations of the Engineer and is
enforceable in accordance with the terms thereof.
D. Engineer. 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. Engineer will and shall conduct all activities contemplated by this Contract 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. Engineer warrants that any materials provided by Engineer for use
by City pursuant to this Contract 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. Engineer shall be solely responsible
for ensuring that any materials provided by Engineer pursuant to this Contract satisfy this requirement and
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 Engineer's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
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
Engineer and City agree that Engineer shall perform the duties under this Contract as an
independent contractor and shall be considered as independent contractor under this Agreement and/or in
its activities hereunder for all purposes. 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, Engineer
and 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,
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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
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 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. 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
Engineer t 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: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
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 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. Engineer shall provide a
Certificate of Insurance to the City as evidence of coverage.
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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. Engineer
shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, 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, Engineer fails to maintain
the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the
Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Contract 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 Contract.
The provisions of this Article Vlll shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
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 Contract, provided that City approves the retaining of Sub -consultants. Engineer is at all
times responsible to City to perform the Services as provided in this Agreement and Engineer is in no event
relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent
and/or Sub -consultant retained and/or employed by Engineer shall be required by Engineer to carry, for the
protection and benefit of the City and Engineer and naming said third parties as additional insureds,
insurance as described above required to be carried by Engineer in this Contract.
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
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.
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ARTICLE XI. INDEMNITY
ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND
ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS CONTRACT 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
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 Contract, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from Engineer to City or City to Engineer is required or permitted
by this Contract 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.
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B. Engineer'sAddress. Engineer's address and numbers for the purposes of notice are:
FREESE AND NICHOLS, INC.
Jessica Brown, P.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Telephone: 817-735-7406
Facsimile: 817-735-7480
C. City's Address. The City's address and numbers for the purposes of notice are:
John Turpin, P.E.
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: 806-775-2342
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 Contract, 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
A. Provision of Data. City shall furnish Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to Engineer's Services, so long as City is entitled to
rely on such studies, reports and other data for the performance of Engineer's Services under this Contract
(tile "Provided Data"). 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 Contract are inserted in this Contract
strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any
effect in construing this Contract.
B. Audit. 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, Engineer's books and records with respect to
this Contract between Engineer and City.
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C. Records. Engineer shall maintain records that are necessary to substantiate the services provided
by Engineer.
D. Assignability. Engineer may not assign this Contract without the prior written approval of the
City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City and Engineer,
and in the case of City, its respective successors, legal representatives, and assigns, and in the case of
Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. THIS CONTRACT 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 CONTRACT OR THE ACTIONS THAT
ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract 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 Contract
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 Contract shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract,
and duly authorized and executed by Engineer and City.
I. Entire Agreement. This Contract, including Exhibits "A" through "B" attached hereto, contains
the entire agreement between the City and 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 Engineer and the City.
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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 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 City or 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 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 City and Engineer.
N. Non -Appropriation. All funds for payment by the City tinder this Contract 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 Contract, the City will
terminate the Contract, 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 Contract
is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not
appropriated for the continuance of this Contract, 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 Contract beyond the Non -Appropriation Date.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
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EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
DanielM. Pope M R
'0 � .0 t?, C
Feb t
ca Garza, City Secretary ()
APPROVED AS TOeVONTENT:
W6fia FFp6klin, P.E., Public Works Director
APPROVED AS TO FORM:
K Ili Leisure, Assistant City Attorney
Firm
Freese and Nichols, Inc.
By: /Vtl'&
Nick Lester, P.E., Vice President
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EXHIBIT A
SCOPE OF SERVICES
WASTEWATER MASTER PLAN
PROJECT UNDERSTANDING:
Freese and Nichols, Inc. (FNI) understands that the City of Lubbock is engaging professional services to
perform an update to the Wastewater Master Plan. This project involves a comprehensive wastewater
master plan update for the City of Lubbock Wastewater Collection System addressing population growth,
regulatory compliance, aging infrastructure, and develop a Capital Improvement Plan.
Scope elements include:
• development of wastewater flow projections for 5 -year, I0 -year and 20 -year conditions,
• analysis of existing and proposed flow monitoring data and infiltration/inflow characterization
• hydraulic model development and analysis
• regulatory compliance evaluation and CMOM self -audit
The next phase of the Wastewater Master Plan will include:
• hydraulic model calibration
• development of strategies for sanitary sewer overflow (SSO) reduction
• development of a wastewater collection system capital improvements plan (CIP)
• development of a comprehensive Wastewater Master Plan Report
WASTEWATER COLLECTION SYSTEM ANALYSIS
TASK A: POPULATION, WASTEWATER FLOW PROJECTIONS, AND SHORT-TERM
NEEDS ASSESSMENT
Al. PROJECT KICKOFF MEETING AND MODEL SELECTION DEMONSTRATION
Freese and Nichols, Inc. (FNI) will meet with the City to review scope, project team and schedule of the
project, and present a data request memorandum. As part of the kickoff meeting, FNI will also present
information on modeling software options to the City for selection of a wastewater modeling software for
the Wastewater Master Plan.
A2. DATA COLLECTION AND REVIEW
FNI will compile information needed for flow projections and model development from the City. FNI
will obtain and review the most current data on the existing wastewater system including but not limited
to the following:
• Historical flow data
• Latest GIS information
• Lift station layouts and pump curves
• Utility billing meter data
• SCADA and other operational data
• Existing and future land -use mapping
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• Work order history
• SSO reporting
• As -built drawings for recent completed or ongoing projects in construction
A3. DEVELOP POPULATION AND NON-RESIDENTIAL GROWTH PROJECTIONS
FNI will meet with the City to delineate the 20 -year wastewater service area for the Master Plan. FNI will
utilize information from the Water Master Plan and develop updated population and non-residential growth
projections for 5 -year, 10 -year and 20 -year planning periods overall and by TSZ. FNI will refine the
projections by WRP service area, basin and sub -basin levels to distribute existing and future growth. The
growth projections will also take into account information from Texas Tech on future expansions and land
use plans that may impact the projected wastewater flows. FNI will also evaluate potential flows fi-om other
cities.
A4. REVIEW HISTORICAL WASTEWATER FLOW DATA
FNI will review historical flow data (permanent flow meters, lift station and WRP effluent) and utilize
water billing data and flow monitoring data to establish residential per capita and commercial uses (return
rates) for existing flow meter basins.
A5. GEOCODE WATER BILLING METER DATA
FNI will geocode the most recent water billing meter data for the three lowest water usage months. The
data will be used for allocation of wastewater flows and to locate major customers within each sewer basins
and sub -basin.
A6. REVIEW AND UPDATE WASTEWATER FLOW DESIGN CRITERIA
Based on review of historical wastewater flow data, FNI will review existing flow projection
methodologies, including those previously developed for all the sewer basins and sub -basins to provide
recommendations to update the design criteria for flow projections. FNI will develop per -capita flow rates,
non-residential usage factors, and infiltration and inflow allowances based on review of historical data.
A7. DEVELOP AND DISTRIBUTE EXISTING WASTEWATER FLOWS
FNI will utilize data from the geocoded billing meter data to allocate existing wastewater flows throughout
the collection system by sub -basin. Wastewater loads will be distributed for annual average daily
wastewater flow conditions.
A8. CALCULATE AND DISTRIBUTE FUTURE WASTEWATER FLOW PROJECTIONS
FNI will utilize the updated wastewater flow design criteria for each basin and sub -basin to allocate future
residential and non-residential loads. FNI will allocate population and commercial flow projections across
the sewer basins and sub -basins for each planning period (5 -year, 10 -year, and 20 -year).
A9. CONDUCT WORKSHOP ON POPULATION AND WASTEWATER FLOW
PROJECTIONS (WORKSHOP #1)
FNI will work with the City of Lubbock to develop data, mapping and a workshop presentation for historical
wastewater flows, design criteria for wastewater flows, population and land use analysis, and projected
wastewater flows. FNI will conduct a workshop with the City.
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A10. PREPARE POPULATION AND WASTEWATER FLOW PROJECTIONS CHAPTER
FOR MASTER PLAN REPORT
FNI will prepare the Population and Wastewater Flow Projections chapter of the Wastewater Master Plan
and submit five (5) ]lard copies and a PDF to the City for review.
All. DEVELOP TECHNICAL MEMORANDUM ON TTU, DOWNTOWN AND WEST END
ADDITION DEVELOPMENT ANALYSIS
Prior to development of the memorandum, FNI will meet with TTU officials to review and discuss the
University's future growth/expansion and its impacts on the existing wastewater system infrastructure. FNI
will prepare a DRAFT technical memorandum summarizing the flow projections and analysis of the TTU,
Downtown and West End Addition developments, along with proposed system improvements to address
existing system deficiencies. FNI will submit five (5) hard copies and a PDF to the City for review.
Al2. MEET WITH CITY STAFF TO DISCUSS TM ON DOWNTOWN & WEST END
ADDITION AND ADDRESS COMMENTS
FNI will meet with City staff to review comments on the draft technical memorandum, address the City's
comments and finalize the technical memorandum. FNI will submit five (5) hard copies and a PDF to the
City.
TASK B: FLOW MONITORING AND I/I CHARACTERIZATION
B1. FLOW METER AND RAIN GAUGE SITE SELECTION AND INSTALLATION
FNI will identify twenty (20) locations in the existing system to conduct flow monitoring and four (4)
locations for rainfall monitoring for use in calibration of the hydraulic model. FNI will meet with the City
to review the proposed locations. FNI will perform reconnaissance of the metering sites with City staff to
determine the suitability for metering based on hydraulics and accessibility during rainfall periods.
B2. TEMPORARY FLOW MONITORING AND ANALYSIS
FNI will perform temporary flow and rainfall monitoring for one hundred eighty (180) days and analyze
gathered data. The flow and rainfall data will be collected at 5 or 15 -minute intervals for both dry and wet
weather flow periods.
1) Analyze flow data for sub -basins and develop average daily dry weather flow diurnal curves and
base flow peaking factors.
2) Develop hydrographs for dry and wet weather flow conditions.
3) Determine peak inflow rate for selected rainfall events and determine corresponding rainfall
intensity for areas tributary to all flow monitoring locations
4) Determine peak infiltration rates during high groundwater conditions, if possible.
B3. I/I CHARACTERIZATION AND RANKING
Flow data will be compared with rainfall data to determine amount of inflow and infiltration experienced
during selected storm events. FNI will utilize current and historical data to characterize the I/1 in the
wastewater collection system. Mapping will be developed for all of the flow meter basins to characterize
and rank the basins by the amount of I/I entering the collection system. FNI will compare current and
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existing I/I quantities across the collection system to identify areas where infiltration and inflow rates have
increased or decreased.
B4. IDENTIFY PERMANENT FLOW METER LOCATIONS
FNI will utilize results of temporary flow monitoring to evaluate potential permanent metering sites based
on access, available power and telemetry needs. FNI will develop recommendations for additional
permanent flow meter locations.
B5. PREPARE FLOW MONITORING CHAPTER FOR MASTER PLAN REPORT
FNI will prepare the Flow Monitoring chapter of the Wastewater Master Plan and submit five (5) hard
copies and a PDF to the City for review.
TASK C: WASTEWATER DATA VERIFICATION AND MODEL DEVELOPMENT
C1. EVALUATE AND REVIEW WASTEWATER SYSTEM GIS FOR DEVELOPING ALL -
PIPES WASTEWATER MODEL
FNI will analyze wastewater system GIS information and historical mapping data to determine additional
pipeline attribute data or connectivity corrections needed for wastewater model development including
recently constructed lines that may not be included in the GIS.
C2. MEET WITH CITY ENGINEERING AND GIS PERSONNEL TO REVIEW
MODIFICATIONS NEEDED FOR MODEL DEVELOPMENT AND MAINTENANCE
Meet with City to review GIS coverage, updating process, and available attribute data and discuss
modifications needed to support the wastewater model in the future.
C3. ASSIST CITY IN CONDUCTING MODIFICATIONS TO GIS DATA TO FIX
CONNECTIVITY PROBLEMS THROUGHOUT SELECTED WASTEWATER LINES
FNI will run node connection routines on all selected lines to be modeled and submit the information to the
City GIS staff for use in making adjustments to fix connectivity problems. FNI will construct the wastewater
model using GIS and as-builts of lift station facilities.
C4. SEWER BASIN, SUB -BASIN, AND SUBCATCHMENT GENERATION
FNI will review and update sewer basin delineation using ground contour and system mapping. FNI will
develop sewer sub -basin delineation representing meter areas and geographical areas within each sewer
basin that is more refined that the flow meter basin delineation. FNI will generate subcatchments for each
sewer sub -basin showing which areas feed into each sewer manhole within their respective flow meter
basins. FNI will assign diurnal patterns and per capita flow rates based on the type of usage in each
subcatchment. This will be the basis for dry weather flow contribution in the wastewater model.
C5. REVIEW AND UPDATE DATA FLAGGING AND PREPARE GEODATABASE
FNI will review and make recommendations for existing data flagging structure in the model database. FNI
will assign updated data flags for all sources of the physical links, nodes, flow files, and geodatabases and
provide to the City GIS personnel to allow updating of GIS to reflect corrected information for all sewer
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lines. Data flagging will be provided with the final GIS submittal to the City. FNI will provide a key
showing data flagging sources.
C6. IDENTIFY AND UPDATE MISSING ATTRIBUTE DATA FROM CRITICAL
INFRASTRUCTURE
FNI will identify critical infrastructure that is missing invert and manhole data that cannot be determined
through GIS, as-builts, previous models, or any other available data. FNI will use detailed model network
review and lift station data gaps to determine any necessary field investigations and detailed surveying/GPS
surveying and measure downs to resolve data gaps, anomalies and confirm GIS information.
Conduct GPS surveying of critical manholes to obtain X and Y coordinates and measure downs to
obtain inverts (Z) for up to 500 manholes.
Updated information will be organized and provided to the City to update in GIS.
TASK D: CAPACITY, MANAGEMENT, OPERATIONS AND MAINTENANCE (CMOM)
PROGRAM
D1. PREPARE CMOM SELF -AUDIT
FNI, with assistance from City staff facilitate and complete a CMOM Self -Audit using the EPA's Region
IV CMOM Self-Audit/Self-Disclosure program, components of the EPA SSO draft rule (including CMOM
and Asset Management (AM) business practices) and the EPA 2005 CMOM Guidance Document.
Development of the City's CMOM will involve participation of various departments within the City. Key
individuals within the City will be identified to participate in the CMOM development.
• CMOM Framework Development - FNI will document meetings with the City required to develop
the CMOM framework incorporating asset management business practices where appropriate.
• Documentation of O&M Practices - Inspect, inventory, evaluate, and document the City's existing
management, operations, and maintenance programs.
Develop programs to assess the effectiveness of the City's management, operation, and
maintenance of the wastewater collection system by benchmarking best work practices in the
collection system and establishing performance criteria.
D2. CMOM SELF -AUDIT WORKSHOP (WORKSHOP #2)
FNI will conduct a workshop with City staff to discuss the results of the CMOM Self -Audit.
D3. DEVELOPMENT OF A GAP CLOSURE PLAN
FNI will prioritize activities needed to address any deficiencies revealed in the Self -Audit and develop a
Gap Closure Plan in coordination with City staff and project goals. These activities may include:
Gap Analysis Report - Determine gaps in City programs for CMOM when compared with EPA
CMOM guidance documents. A detailed description of the gaps for each program element shall be
developed and presented.
Gap Closure Strategies - Develop strategies for addressing gaps. The CMOM Plan will include
recommended Gap Closure Projects including resources, estimates and schedule for implementing
each.
Implementation Plan for Gap Closure - Develop an implementation plan(s) for gap closure
projects including resources, budget, and schedule for implementation, if required.
Page 15 of 18
• Condition Assessment Evaluation - A review and recommendation for the condition assessment
program for sewer system evaluation, inspection, and rehabilitation will be evaluated.
• Hydraulic Review — Summarize capacity assurance procedures including hydraulic modeling.
• O&M Program Review including hot spot cleaning efforts and methods.
• Critical Parts Inventory - Review program to identify critical parts needed for system operation and
maintenance of an adequate spare parts inventory.
• Training Review- Collection System Staff training program review. Review programs to train City
staff on proper system inspection, O&M procedures, and use of supporting software, record keeping,
and compliance reporting.
• BMP and SSO Abatement Programs - Develop Best Management Practices (BMP) and SSO
Abatement reviews. Includes documenting of current lift station operations and capacity.
• Overflow Response Plan - Review the City's current Overflow Response /Lift Station power failure
Response Plan and recommend improved procedures if applicable. Prepare written plan to be
incorporated into CMOM.
• Fat, Oil and Grease (FOG) Plan — Review existing FOG program and prepare written plan to be
incorporated into CMOM.
• Ordinance Review - Review sewer use ordinances, grease ordinance, pretreatment program or other
legal documents needed to address pretreatment standards and to address proper installation, testing,
and inspection of new and rehabilitated sewer systems.
• Compliance and Reporting Review including performance indicators to track CMOM effectiveness
D4. DRAFT TECHNICAL MEMORANDUM ON CMOM SELF -AUDIT AND GAP
CLOSURE PLAN
FNI will develop a draft technical memorandum on the results of the CMOM self -audit and gap closure
plan and submit five (5) copies to the City for review.
D5. MEET WITH CITY ON COMMENTS FROM THE TECHNICAL MEMORANDUM ON
CMOM AND FINALIZE THE TM .
FNI will meet with the City to discuss comments on the draft technical memorandum, address comments
and submit five (5) copies of the final TM and an electronic copy.
Page 16 of 18
EXHIBIT B — BUDGET
WASTEWATER MASTER PLAN
CITY and ENGINEER have established a not -to -exceed budget of $473,568.00 to complete all services
under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will
pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule
presented as EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent
handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are
provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks
as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget.
ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of
Work or Time of Performance, then this can result in an amendment to this contract which shall be
negotiated at that time.
The budget assumes that all work will be completed within 730 calendar days from the Notice to Proceed.
Page 17 of 18
EXHIBIT C, HOURLY RATE SCHEDULE COMPENSATION
WASTEWATER MASTER PLAN
Page 18 of 18
COMPENSATION
Not to Exceed: Compensation to FNI for Basic
Services in Exhibit A shall be computed on the basis of the Schedule of Charges,
but shall not
exceed Four Hundred Seventy -Three Thousand,
Five Hundred Sixty -Eight Dollars ($473,568.00). If FNI sees the Scope of Services
changing
so that Additional Services are needed, including but not limited to those services described as Additional Services in Exhibit A,
FNI will notify
CITY for CITY's approval before proceeding.
Additional Services shall be computed based on the Schedule of Charges.
Schedule of Charges:
Position
Rate Position
Rate
PRINCIPAL
389 3D VISUALIZATION COORDINATOR
190
GROUP MANAGER
272 ENVIRONMENTAL SCIENTIST VII
243
ENGINEER VIII
295 ENVIRONMENTAL SCIENTIST VI
212
ENGINEER VII
289 ENVIRONMENTAL SCIENTIST V
179
ENGINEER VI
251 ENVIRONMENTAL SCIENTIST IV
156
ENGINEER V
196 ENVIRONMENTAL SCIENTIST III
134
ENGINEER IV
179 ENVIRONMENTAL SCIENTIST II
94
ENGINEER III
159 ENVIRONMENTAL SCIENTIST 1
93
ENGINEER II
150 ARCHITECT VI
214
ENGINEER 1
124 ARCHITECT V
194
ELECTRICAL ENG NEER VI
238 ARCHITECT rV
156
ELECTRICAL ENGINEER V
192 ARCHITECT III
150
ELECTRICAL ENGINEER N
158 ARCHITECT II
121
ELECTRICAL ENGINEER III
145 ARCHITECT I
104
ELECTRICAL ENGINEER II
140 PLANNER VI
226
ELECTRICAL ENGINEER 1
133 PLANNER V
174
MECHANICAL ENGINEER Vi
228 PLANNER IV
137
MECHANICAL ENGINEER V
202 PLANNER III
125
MECHANICAL ENGINEER rV
177 PLANNER I
103
MECHANICAL ENGINEER II
156 HYDROLOGIST V
196
PROGRAM MANAGER I
233 HYDROLOGIST IV
154
CONSTRUCTION CONTRACT ADMIN III (Manager)
195 HYDROLOGIST III
142
CONSTRUCTION CONTRACT ADMIN III (Spec. Insp)
160 HYDROLOGIST II
130
CONSTRUCTION CONTRACT ADMIN III (CM)
145 SENIOR GEOLOGIST
152
CONSTRUCTION CONTRACT ADMIN III (RPR)
111 GEOTECHNICAL ENGINEER VI
251
CONSTRUCTION CONTRACT ADMIN II ( RPR)
126 PUBLIC INVOLVEMENT COORDINATOR
143
CONSTRUCTION CONTRACT ADMIN I (DCS 11)
118 WEB SERVICES ADMINISTRATOR
167
CONSTRUCTION CONTRACT ADMIN I (DCS)
106 WORD PROCESS INGISECRETARIAL
86
DOCUMENT CONTROL CLERK
110 OPERATIONS ANALYST
155
SR DESIGNER
197 CONTRACT ADMINISTRATOR
98
DESIGNER II
168 INFORMATION SERVICES ADMINISTRATOR
85
DESIGNER 1
141 INFORMATION SERVICES CLERK III
67
CADD DESIGNER
168 INFORMATION SERVICES CLERK II
63
TECHNICIAN IV
145 INFORMATION SERVICES CLERK 1
62
TECHNICIAN III
115 CO-OP
75
TECHNICIAN II
96 STORMWATER ENGINEER VII
215
TECHNICIAN 1
74 STORMWATER ENGINEER VI
198
GIS COORDINATOR
148 STORMWATER ENGINEER V
175
GIS ANALYST IV
138 STORMWATER ENGINEER IV
150
GIS ANALYST III
114 STORMWATER ENGINEER III
131
GIS ANALYST II
97 STORMWATER ENGINEER II
113
GIS ANALYST 1
75 STORMWATER ENGINEER 1
106
Rates for In -House Services
Technology Charge
Bulk Printing and Reproduction
$8.50 per hour
Black and White $0.10 per copy
Color $0.25 per copy
Travel
Plot - Bond $2.50 per plot
Standard IRS Rates
Plot- Color $5.75 per plot
Plot - Other $5.00 per plot
Binding $0.25 per binding
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction
expense,
communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to
the work, including costs of laboratory analysis,
test, and other work required to be done by independent persons other than staff members.
For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where
FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0.
This markup
aooroximates the cost to FNI if an FNI emolovee was Derformino the same or similar services.
These ranges and rates will be adjusted annually
in February.
LUB15
Page 18 of 18
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.
2017-190215
Freese and Nichols, Inc.
Fort Worth, TX United States
Date Filed:
04/10/2017
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:
05/08/2017
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.
FY2017 WW Master Plan
Wastewater Master Plan - FY2017
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Hatley, Tricia
Oklahoma City, OK United States
X
New, John
San Antonio, TX United States
X
Pence, Robert
Fort Worth, TX United States
X
Payne, Jeff
Dallas, TX United States
X
Milrany, Cindy
Fort Worth, TX United States
X
Nichols, Mike
Fort Worth, TX United States
X
Coltharp, Brian
Fort Worth, TX United States
X
Gooch, Tom
Fort Worth, TX United States
X
Herchert, Robert
Fort Worth, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the
day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms Drovided by Texas Ethics Commission www.ethirs.state.tx.us
Ver -,inn V1 n RA -,q
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
loft
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:
I Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2017-190215
Freese and Nichols, Inc.
Fort Worth, TX United States
Date Filed:
04/10/2017
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
FY2017 WW Master Plan
Wastewater Master Plan - FY2017
4
Nature of interest
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Hatley, Tricia
Oklahoma City, OK United States
X
New, John
San Antonio, TX United States
X
Pence, Robert
Fort Worth, TX United States
X
Payne, Jeff
Dallas, TX United States
X
Milrany, Cindy
Fort Worth, TX United States
X
Nichols, Mike
Fort Worth, TX United States
X
Coltharp, Brian
Fort Worth, TX United States
X
Gooch, Tom
Fort Worth, TX United States
X
Herchert, Robert
Fort Worth, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
IDLY -M% , SHRINER
p1f1=
Public�'
(9,
O
'' /'= OF TEXAS�
---n. Exp. Jin. 08.2019 nature of authorized agent o ontracting business entity
AFFIX NOTARY STAMP/ SEAL ABOVE
Sworn to and subscribed before me, by the said _Susanne M. Johnson this the l Oth day of April
201, to certify which, witness my hand and seal of office.
Kelly Jean qhriver Notaly Public
Sig lure 66r administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission uwe,w_ethicsstate_tx.us Varcinn v1 n RAA