HomeMy WebLinkAboutResolution - 2018-R0136 - Terracon Consultants - 04/26/2018Resolution No. 2018-RO136
Item No. 6.10
April 26, 2018
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 for
consulting services for the Hancock Land Application Site and the Lubbock Land
Application Site, by and between the City of Lubbock and Terracon Consultants, and
related documents. Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on April 26 , 2018.
DANIEL M. POPE, MAYOR
ATTEST:
Re t
ca Garza, City Secr tart'
APPROVED AS TO CONTENT:
Aubrey A. Spe P.E., Direct r of Water Utilities
APPROVED AS TO FORM:
Amy L. Si s, Deputy rney
RESTS Contract-TerraconConsultants
4.09.18
Resolution No. 2018-RO 136
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement"), #13990 is entered into this day of April,
2018, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and
Terracon Consultants, Inc. (the "Engineer"), a Delaware corporation.
WITNESSETH
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
This Agreement shall expire 18 months after the date of execution. If the Engineer determines that
additional time is required to complete the Services, the Director of Water Utilities may, but is not obligated
to, in his discretion, execute an agreement to grant up to an additional six (6) months of time so long 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.
Additionally, the City may terminate this Agreement at any time during the term hereof by providing written
notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such
notice. In the event this Agreement is so terminated, the City shall only pay Engineer for services
actually performed by Engineer up to the date Engineer is deemed to have received notice of termination
as provided herein.
Professional Services Agreement 2018 1
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 set forth
in Exhibit `B".
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 performed 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.
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 a 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.
Professional Services Agreement 2018 2
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.
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 Architect's/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.
Professional Services Agreement 2018 3
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 an 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 Architect's/Engineer's employees and/or sub -consultants, will not be considered, for any
purpose, employees or agents of the City within the meaning or the application of any federal, state or local
law or regulation, including without limitation, laws, rules or regulations regarding or related to
unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any
kind.
ARTICLE VIII. INSURANCE
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
Professional Services Agreement 2018 4
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. Architect 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. Engineer
shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code.
Further, Architect 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 Architect 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 Architect's/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 VIII 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.
Professional Services Agreement 2018 5
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 the prior written consent
of the City unless otherwise required by law.
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 XH. 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,
Professional Services Agreement 2018 6
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. Architect's/Engineer's Address. Architect's/Engineer's address and numbers for the purposes
of notice are:
John Cuddihee, P.E.
Principal
Terracon Consultants, Inc.
8901 Carpenter Freeway, Suite 100
Dallas, Texas 75247
Telephone: (214) 630-1010
Facsimile: (214) 630-7070
Email: john.cuddihee@terracon.com
C. City's Address. The City's address and numbers for the purposes of notice are:
Aubrey A. Spear, P.E.
Director of Water Utilities
City of Lubbock
P.O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775-2585
Facsimile: (806)775-3027
Email: aspear@mylubbock.us
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this 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 Architect's/Engineer's Services, so long as City is
entitled to rely on such studies, reports and other data for the performance of Architect's/Engineer's
Services under this Contract (the "Provided Data"). Engineer shall be entitled to use and rely, so long as
such reliance is reasonable, upon all such Provided Data.
Professional Services Agreement 2018
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, Architect's/Engineer's books and records with
respect to this Contract between Engineer and City.
C. Records. Engineer shall maintain records that are necessary to substantiate the services provided
by Engineer.
City.
D. Assignability. Engineer may not assign this Contract without the prior written approval of the
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.
Professional Services Agreement 2018 8
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.
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 under 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.
O. No Boycott of Israel. The Consultant warrants that it complies with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by Verifying that:
(1) The Consultant does not boycott Israel; and
Professional Services Agreement 2018
(2) The Consultant will not boycott Israel during the term of the Agreement.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK:
Daniel M. Pope, MAYOR
Re t
cca Garza, City Se cretary
APPROVED AS TO CONTENT:
Aubrey A. SV-6, P.E. Direc or of Water Utilities
APPROVED AS TO FORM:
Amy��,jeputy Ciad ne
TERRACON CONSULTANTS:
i
Erin L ; P.9V,4eni4 Associate Terracon
Professional Services Agreement 2018 10
Exhibit A
Scope of Services
Described below is the scope of work and associated fees for Terracon to provide consulting
services to the City of Lubbock for the Hancock Land Application Site (HLAS) and Lubbock Land
Application Site (LLAS). This exhibit outlines specific tasks, budgets, and not to exceed amounts
for Terracon to complete the scope of work. Terracon's fee schedule that will be used for
negotiating fees for Additional Services not included in this scope of work is also attached.
Specific tasks to allow Terracon to assist the City to define project strategies and/or interface with
the Texas Commission on Environmental Quality (TCEQ) are included in this scope of work. In
addition, Terracon has included tasks to manage project data and prepare state -mandated routine
annual monitoring reports for the HLAS and LLAS for submission to the TCEQ in May each year.
In order to assure that the annual reports can be prepared and submitted by the TCEQ-required
submission deadline of May 31 st annually, Terracon's proposed scope of work presented herein
assumes that the City of Lubbock will provide all data outlined in Tasks 2 and 3 below (including,
but not limited to water level data, groundwater quality data, land application amounts, and
groundwater pumping data from the LLAS remediation wells and booster pump) on the day of
contract execution for the 2018 annual report and no later than the end of March 2019 for the 2019
annual report. The 2018 Annual Report for the LLAS will include an updated groundwater model
for the LLAS that was originally revised for the 2010 Annual Report. In addition, specific tasks
are included to evaluate additional information pertaining to water quality and groundwater
elevations in the vicinity of the LLAS and HLAS.
Additional tasks for which the specific scope cannot be defined at this time such as efforts needed
to respond to TCEQ comments or questions regarding previous reports which detail adjusted
recovery rates for the existing LLAS groundwater recovery infrastructure, the possible installation
of groundwater wells, and additional efforts to prepare a more comprehensive revised remediation
plan for the LLAS in 2018 and 2019 may be negotiated as Additional Services and may be added
to this Agreement by amendment hereof.
Task 1— 2018 / 2019 Meetings
This task includes the review of updated project data as necessary, site visits, strategic planning
with the City of Lubbock, and interfacing with City of Lubbock Staff and TCEQ regulators, as
necessary. Terracon and the project team will meet with City of Lubbock personnel to discuss
planning for the LLAS and HLAS including sampling results, remediation well performance,
budgeting, regulatory compliance, and closure issues. The short-term planning discussions with
City staff may include wastewater operations, farming operations, and remediation activities at the
LLAS. The long-term planning discussions may include the wastewater development and water
use planning and the beneficial use of the property. The long-range planning may also be used to
help develop a modified monitoring, remediation, and closure strategy for the LLAS, if necessary.
At least one strategic planning meeting in Lubbock is proposed during the course of each year.
Additional project and/or budget meetings will be scheduled as necessary.
Terracon will assist the City of Lubbock with their discussions with the TCEQ on an as requested
basis. The LLAS is currently operated, monitored, and remediated pursuant to the permit renewed
Page 1 of 7
in May 2014. Terracon will assist the City of Lubbock as necessary, and as requested, to evaluate
technical issues pertaining to the permit.
Task 2 — 2018 / 2019 HLAS Annual Report
Terracon shall complete two main project tasks related to compliance with the City of Lubbock's
TPDES Permit No. 10353-002 for the HLAS. The project tasks and associated work scope are
summarized below.
HLAS Data Management
This task will involve database file management including database updates, preparation of
supporting graphs, and review of data provided by the City of Lubbock during the fiscal year. The
City of Lubbock will collect onsite groundwater samples, gauge monitor wells, and procure
laboratory services. The city -contracted laboratory will be NELAC accredited. Sampling data
will not be reviewed and reported pursuant to Texas Risk Reduction Program (TRRP) TRRP-13
Guidance document (Review and Reporting of COC Concentration Data). Thus, Terracon has not
included a usability review of the data or the preparation of a Data Usability Summary (DUS).
The following data will be collected, compiled, and included in the databases during the fiscal
year:
• Annual groundwater level measurements from 31 offsite irrigation wells measured by the
High Plains Underground Water Conservation District;
• Quarterly nitrate data from southern onsite monitor wells (MW-IA, MW-2A, MW-34,
MW-35, and MW-36);
• Semi-annual and annual nitrate data from 36 onsite wells;
• Annual groundwater quality data from 36 onsite wells;
• Annual groundwater quality field sampling data (i.e., pH, conductivity, oxidation/reduction
potential, dissolved oxygen, and temperature) from 36 onsite wells; and
• Annual groundwater data from offsite private wells sampled as part of the bottled water
program administered by the City of Lubbock will be tabulated by addresses provided by
the City of Lubbock. Terracon will not independently verify sampling locations of the
bottled water sampling program.
Terracon will integrate laboratory and field collected data into existing databases. Terracon will
review the data for trends and spatial distribution. Throughout the year, as data are compiled and
reviewed, Terracon will evaluate the data and communicate findings with the City of Lubbock
staff.
HLAS Annual Report
This task involves preparation of the HLAS annual report. The HLAS annual report will
summarize the project history and monitoring activities, and will include tabular sampling and
gauging results and maps of nitrate iso-concentrations and potentiometric contours. Terracon will
prepare a draft report that will be submitted to the City of Lubbock and attorneys for review and
comments. Terracon will work with the City of Lubbock and attorneys to address any comments
and will prepare a final report. The report will be sealed by a licensed professional geoscientist or
licensed professional engineer. The report is due to the TCEQ by the end of May each year.
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Task 3 — 2018 / 2019 LLAS Annual Report
Terracon shall initially complete two main project tasks related to compliance with the City of
Lubbock's TPDES Permit No. 10353-002 related to the LLAS. The two project tasks and
associated work scope are summarized below.
LLAS Data Management
This task will involve database file management including database updates, preparation of
supporting graphs, and review of data provided by the City of Lubbock during the fiscal year. The
City of Lubbock will collect onsite groundwater samples, operate the groundwater recovery wells,
gauge monitor wells, and procure laboratory services. The city -contracted laboratory will be
NELAC accredited. Sampling data will not be reviewed and reported pursuant to TRRP-13. Thus,
Terracon has not included a usability review of the data or the preparation of a DUS.
The following data will be collected, compiled, and included in the databases during the fiscal
year:
• Monthly groundwater production data for approximately 40 recovery wells (if available
from the SCADA system) and the booster pump station;
• The amount of water sent to the JBLS, golf course, cemetery, and other potential irrigated
areas;
• Semi-annual nitrate data from approximately 150 site wells;
• Annual static water level data from approximately 150 site wells;
• Annual groundwater quality data from approximately 150 site wells;
• Annual groundwater quality field sampling data (i.e., pH, conductivity, oxidation/reduction
potential, dissolved oxygen, and temperature) from approximately 150 site wells; and
• Quarterly North Fork data upstream of FM 400 and monthly lake nitrate data; and
• Annual groundwater data from offsite private wells sampled as part of the bottled water
program administered by the City of Lubbock will be tabulated by addresses provided by
the City of Lubbock. Terracon will not independently verify sampling locations of the
bottled water sampling program.
Terracon will integrate laboratory and field collected data into existing databases. Terracon will
review the data for trends and spatial distribution. Throughout the year, as data are compiled and
reviewed, Terracon will evaluate the data and communicate any findings with the City of Lubbock
staff and attorneys.
LLASAnnual Report
This task will involve preparation of the LLAS annual report. The LLAS annual report will
summarize the project history and monitoring and remediation activities, and will include tabular
sampling and gauging results and maps of nitrate iso-concentrations and potentiometric contours.
The May 2018 and 2019 LLAS annual report will also include a discussion of the 2018 LLAS
MODFLOW/MT3D model based on the updated nitrate distribution in groundwater and expected
groundwater withdrawal rates, wastewater application rates, and typical rainfall. Nitrate data from
the offsite bottled water sampling program will also be tabulated by address. Terracon will
prepare a draft report that will be submitted to the City of Lubbock and attorneys for review and
comments. Terracon will work with the City of Lubbock and attorneys to address any comments
and will prepare a final report. The report will be sealed by a licensed professional geoscientist or
licensed professional engineer. The report is due to the TCEQ by the end of May each year.
Page 3 of 7
Task 4 — 2018 / 2019 LLAS Groundwater Model Update and Ongoing Operational
Analysis/Support — Annual Budget
Groundwater Model Update
This task will involve preparing an annual update to the existing MODFLOW/MT3D computer
model prepared for the LLAS that was revised by Terracon for the 2010 LLAS Annual Report and
performing ongoing operational analysis based on recently acquired data from the Canyon Lakes
SCADA system. As directed by the TCEQ, the May 2018 LLAS annual report will include a
discussion of the revisions and update to the groundwater MODFLOW/MT3D model to include a
re -calibration of the model for 2018 and 2019 to simulate flow conditions and water quality at the
LLAS over the next 5-year period. Terracon will procure the services of Carollo Engineers, Inc.
for the groundwater modeling task to support the preparation and submission of the 2018 and 2019
LLAS Annual Report, and they will focus on those modeling tasks necessary to re -calibrate the
model based on comparison of modeled data to actual data from calendar year 2017 and previous
years. Once the model has been calibrated to match approximate groundwater levels and nitrate
concentrations, the current nitrate concentration data will be input into the model to generate a
prediction of future conditions for a 5-year predictive period in accordance with the current
Remediation Plan. The modeling description and results will be presented in the 2018 and 2019
LLAS Annual Report.
Ongoing Operational Analysis/Support
In addition, this task will also include ongoing evaluation of the LLAS groundwater recovery
system performance and how the performance impacts. groundwater remediation and the
groundwater model throughout the remainder of the year with respect to subsurface conditions.
This task will include a comparison of actual available flow and other operational data from the
City's SCADA system data versus modeled flows and evaluation of water levels and nitrate
concentrations as they pertain to the model. In order to gain a better understanding of the LLAS
recovery system, Terracon will also periodically measure and evaluate supplemental groundwater
elevation data collected from selected wells during times of wellfield pumping and evaluate
SCADA data provided by the City of Lubbock at the LLAS during the period of groundwater
pumping and provide recommendations for adjustments to the recovery system. As of the end of
2016, the collection of LLAS well operation data greatly improved with the recent updates to the
SCADA system. In May 2015 a Modified Groundwater Remediation Pumping Plan was prepared
and approved by the TCEQ which proposed changes to the previous remediation plan. The
maintenance, repair, and daily operation of the LLAS groundwater recovery and SCADA systems
to achieve the performance objectives of the Modified Groundwater Remediation Pumping Plan
will be the responsibility of the City of Lubbock and their personnel. The proposed Operational
Analysis task will include a more detailed ongoing evaluation of the performance of the LLAS
extraction wells relative to hydraulic productivity and nitrate recovery. In this task, the project
team will compare the updated SCADA information for each well with the booster pump and
storage tank records to double-check the actual production from the LLAS remediation system.
The project team will periodically interact with City Staff about the ongoing mechanical status of
each extraction well and will compare the observed flow rates and recharge cycling with the flow
conditions represented in the LLAS Modflow/MT3D model combination. That comparison could
lead to local recalibration of the Modflow' model's local aquifer hydraulic parameters in future
years. This task includes [1] one meeting to discuss recommendations for modified pump
operation schedule and [2] periodic interaction with City Staff for feedback on well performance.
Page 4 of 7
Task 5 — 2018 / 2019 Project Management / Communications
During the course of the project, Terracon will provide overall project management duties, provide
ongoing data evaluation for miscellaneous tasks, communicate and direct subcontractors,
communicate and meet with the City of Lubbock staff, attorneys, the TCEQ, and with Agri -Waste
Technologies (AWT) regarding routine matters or to address questions that arise from operations
and management of the HLAS and LLAS. This would also include ongoing technical consultation
to support sampling activities for the onsite and offsite areas. Initial meetings with City of
Lubbock staff and/or the TCEQ in Austin, Texas are addressed in Task 1. Additionally, in Task 5,
Terracon anticipates an additional meeting with City of Lubbock Staff to update project status and
discuss additional needs that may arise.
Page 5 of 7
Exhibit B
Budget & Fee Schedule
Project Summary Budget
Terracon will perform this project on a time and material basis to not to exceed the budget amount
per task. The project summary budget for Terracon to perform work defined related to the above
HLAS and LLAS tasks is as follows:
TABLE 1: ESTIMATED FEES FOR PROFESSIONAL SERVICES
Task 1— 2018 / 2019 Planning and Meetings
Task 2 — 2018 / 2019 HLAS (annual report)
Task 3 — 2018 / 2019 LLAS (annual report)
Task 4 — 2018 / 2019 LLAS Groundwater Model Update and
Operational Analysis/Support
Task 5 — 2018 / 2019 Project Management / Communications
TOTAL TASKS 1 THROUGH 5
2018 Budget
2019 Budget
$8,600
$8,600
$20,000
$20,000
$34,500
$34,500
$52,500
$52,500
$15,000 $15,000
$130,600 $130,600
Page 6 of 7
Irerracon
ENVIRONMENTAL CONSULTING SERVICES
FEESCHEDULE
HOURLY FEES FOR PERSONNEL
Environmental Professional includes Environmental Engineer, Environmental Scientist, Geologist and Hydrogeologist
ExpertWitness.........................................................................................................................................$175.00
Senior Principal / Program Manager.........................................................:.
Principal/Senior Consultant.....................................................................................................................$170.00
GroupManager........................................................................................................................................$150.00
SeniorEnvironmental Engineer...............................................................................................................$125.00
SeniorProject Manager............................................................................................................................$110.00
ProjectManager.......................................................................................................................................$100.00
EnvironmentalProfessional V.................................................................................................................$100.00
EnvironmentalProfessional IV..................................................................................................................$95.00
EnvironmentalProfessional III..................................................................................................................$85.00
EnvironmentalProfessional II...................................................................................................................$75.00
EnvironmentalProfessional I.....................................................................................................................$65.00
EnvironmentalTechnician II.....................................................................................................................$65.00
EnvironmentalTechnician I.......................................................................................................................$60.00
AdministrativeAssistant............................................................................................................................$55.00
Draftsperson/CAD Operator......................................................................................................................$60.00
WordProcessor..........................................................................................................................................$50.00
Clerical....................................................................................................................................................... $45.00
TRAVEL EXPENSES
Reimbursable Expenses are charged at cost plus 10%.
VehicleCharge (local), per day.................................................................................................................$60.00
Mileage(per mile)........................................................................................................................................$0.63
PerDiem..................................................................................................................................................$125.00
Document Delivery/Overnight (per standard package).............................................................................$20.00
FIELD EXPENSES
DevelopmentPump (per day)....................................................................................................................$40.00
DisposableBailer (each)............................................................................................................................$20.00
GEM 2000 Gas Analyzer & Extraction Monitor (per day) ................................... ................................... $200.00
HandAuger (per day)................................................................................................................................$25.00
Handheld GPS Instrumentation (per day)..................................................................................................$45.00
HighFlow Air Pump (per day)..................................................................................................................$50.00
IAQ Instrumentation (QTRAK, Moisture Meter) (per day).......................................................................$50.00
InterfaceProbe (per day)............................................................................................................................$85.00
LowFlow Air Pump (per day)...................................................................................................................$35.00
Low Flow Sampling Cell (includes YSI/Horiba & flow cell)..................................................................$150.00
LowFlow Bladder Pump (Per day)..........................................................................................................$100.00
PeristalticPump (per day)..........................................................................................................................$50.00
pH/Conductivity/Temperature Meter (per day).........................................................................................$50.00
PIDMeter (per day).................................................................................................................................$110.00
SampleKit (per boring).............................................................................................................................$35.00
SampleKit (per well).................................................................................................................................$50.00
SubmersiblePurge Pump (Per day)..........................................................................................................$175.00
Trimble Pro XRS Pathfinder Backpack GPS (per day)...........................................................................$165.00
WaterLevel Indicator (per day).................................................................................................................$35.00
XRFMeter (per day)................................................................................................................................$350.00
SUBCONTRACTS AND THIRD PARTY CONTRACTS
With the exception of those subcontracts specifically listed above to be executed through Terracon at cost
plus 10%, other normal subcontract functions shall be executed through the City of Lubbock. Upon City's
approval, other subcontracts may be executed through Terracon at cost plus 10%.
Page 7 of 7
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1011
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.
2018-340016
Terracon Consultants, Inc.
Lubbock, TX United States
Date Filed:
04/16/2018
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.
13990
Consulting Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
rorms proviaea by Texas Ethics commission www.ethlcs.state.tx.us Version V1.0.5523
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.
2018-340016
Terracon Consultants, Inc.
Lubbock, TX United States
Date Filed:
04/16/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
04/25/2018
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.
13990
Consulting Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523