HomeMy WebLinkAboutResolution - 2022-R0259 - Contract 16588 with Freese and Nichols 6.14.22Resolution No. 2022-RO259
Item No. 6.6
June 14, 2022
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 fo
and on behalf of the City of Lubbock, Professional Services Agreement No. 16588 for floo
protection planning for watersheds, by and between the City of Lubbock and Freese and Nichols,
Inc., a Texas Corporation, 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. j
Passed by the City Council on
iceoecca krarza, t-ity 6ecretary
APPROVED AS TO CONTENT:
Jesica McEaclVm, Assistant City anager
APPROVED AS TO FORM:
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lli Leisure, Assistant City Attorney
June 14, 2022
ccdocs/RES.PSA-No.16588 FNI flood protection planning
5.13.22
Resolution No. 2022-RO259
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 16588 is entered into this _L41b
day of June , 2022, 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
Flood Protection Planning for Watersheds (TWDB Project No. 40065) (the "Activities"); and
WHEREAS, the Engineer has a professional staff experienced and is qualified to provide
professional engineering services related to Activities, and will provide the services, as defined below, for
the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable
price; and
WHEREAS, the City desires to contract with the Engineer to provide professional services
related to the Activities, and Engineer desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and the Engineer hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of 24 months. 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. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit
"A", attached hereto (the "Services")
B. The Engineer shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $750,000.00 as set forth in Exhibit `B".
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only
pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to
have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this
Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. The Engineer has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
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of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is
enforceable in accordance with the terms thereof.
D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement
in accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer
for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other
party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance
or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely
responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this
requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused
to City or to which City is exposed on account of the Engineer's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
The Engineer shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Engineer and the City agree that the Engineer shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement and/or
in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in
which the Services are to be performed. During the performance of the Services under this Agreement, the
Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose,
employees or agents of the City within the meaning or the application of any federal, state or local law or
regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
1. Each Subcontract entered into to perform required work under this CONTRACT must contain the
following:
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A. A detailed budget estimate with specific cost details for each task or specific item of work to
be performed by the Subcontractor and for each category of reimbursable expenses.
B. A clause stating the following: "Subcontractor agrees and acknowledges that it is subject
Texas Water Development Board. Subcontractor adopts by reference the requirements of
Article VII of the TWDB Contract for this Subcontract."
All Subcontracts entered into to perform required work under this CONTRACT are also subject to the
following requirements:
1. The Subcontract is subject to audit by the Texas State Auditor's Office, and Subcontractor
must cooperate with any request for information from the Texas State Auditor, as further
described in Section II, Article X, Paragraph 1 K;
2. Payments under the Subcontract are contingent upon appropriation of funds by the Texas
Legislature, as further described in Section II, Article X, Paragraph 1C;
3. Ownership of data, materials, and work papers, in any media, that is gathered, compiled,
adapted for use, or generated by Subcontractor or GRANTEE will become data, materials,
and work papers owned by TWDB and Subcontractor will have no proprietary rights in
such data, materials, and work papers, except as further described in Section II, Article V;
4. Subcontractor must keep timely and accurate books and records of accounts according to
Generally Accepted Accounting Principles;
5. Subcontractor is solely responsible for securing all required licenses and permits from
local, state, and federal governmental entities and solely responsible for obtaining
sufficient insurance in accordance with the general standards and practices of the industry
or governmental entity; and
6. Subcontractor is an independent contractor and TWDB has no liability resulting from any
failure of Subcontractor that results in breach of contract, property damage, personal injury,
or death.
ARTICLE VIII. INSURANCE
The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement,
except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance
satisfactory to the City, carried with an insurance company authorized to transact business in the state of
Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including
without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in
full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -
consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement,
commercial general liability, professional liability and automobile liability coverage for non -owned and
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hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance
companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will
be written on an occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $2,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation
Per Occurrence Single Limit: $500,000
The Engineer shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including
without limitation, Professional Liability coverage, protecting the City against losses caused by the
professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a
primary and noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall
provide a Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and
shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains
said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of
Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in
favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails
to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all
work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Agreement and the discovery period (possibly through tail
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coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement.
The provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Engineer may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A",
attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants.
The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement
and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any
approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall
be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming
said third parties as additional insureds, insurance as described above required to be carried by the Engineer
in this Agreement.
The Engineer represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
The Engineer shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO
OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED
PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
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ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required
or permitted by this Agreement and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall be
effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3)
by depositing the written notice in the United States mail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are:
FREESE AND NICHOLS, INC.
Heather Keister, P.E.
1500 Broadway Street, Suite 1150
Lubbock, Texas, 79401
Telephone: 806-686-2706
Facsimile: 817-73 5-7491
C. City's Address. The City's address and numbers for the purposes of notice are:
Zoltan Fekete, P.E.
City of Lubbock
P.O. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Email: zfekete@mylubbock.us
Telephone: 806-775-3317
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Agreement, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th day
after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other
available data in the possession of the City pertinent to the Engineer's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under
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this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such
reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not
be given any effect in construing this Agreement.
B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City
may audit, at its expense and during normal business hours, the Engineer's books and records with respect
to this Agreement between the Engineer and the City.
C. Records. The Engineer shall maintain records that are necessary to substantiate the services
provided by the Engineer.
D. Assignability. The Engineer may not assign this Agreement without the prior written approval
of the City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the
Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the
case of the Engineer, its permitted successors and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK
COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE
AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement
and the application of such provision to persons and/or circumstances other than those with respect to which
it is held invalid or ineffective shall not be affected thereby.
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H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the Engineer and the City.
I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains
the entire agreement between the City and the Engineer, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between the Engineer and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has
been compensated as set forth in Article I1, above. The Engineer shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent
breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than the City and the Engineer.
N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the
availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of
funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City
will terminate the Agreement, without termination charge or other liability, on the last day of the then -
current fiscal year or when the appropriation made for the then -current year for the services covered by this
Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are
not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall
not be obligated under this Agreement beyond the Non -Appropriation Date.
O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City
from entering into a contract with a vendor that is identified by The Comptroller as a company known to
have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization
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P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more
full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public
funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it
does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association or (2) the verification required by
Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company
with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more,
Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
will not discriminate during the term of the contract against a firearm entity or firearm trade association.
R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas
Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time
employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant
to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott
energy companies during the term of the Agreement. This verification is not required for an agreement
where a governmental entity determines that these requirements are inconsistent with the governmental
entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if
the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees
to: (1) preserve all contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to
the governmental body any contracting information related to the contract that is in the custody or
possession of the entity on request of the governmental body; and (3) on completion of the contract, either:
(A) provide at no cost to the governmental body all contracting information related to the contract that is in
the custody or possession of the entity; or (B) preserve the contracting information related to the contract
as provided by the records retention requirements applicable to the governmental body.
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T. Professional Responsibility. All architectural or engineering services to be performed shall be
done with the professional skill and care ordinarily provided by competent architects or engineers practicing
under the same or similar circumstances and professional license.
REAMINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 11 of 12
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Tray ayne, ayor
ATTEST:
Rebecca Garza, City Secre ary
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
Jeslca achern, Assistant City Manager
APPROVED AS TO FORM:
Ila / A"W.4.
elli Leisure, Assistant City Attorney
Firm
Freese and
John Delvar, P.E., Vice President
Page 12 of 12
City of Lubbock
Watershed FIF Study
Exhibit A - Scope of Services
EXHIBIT A - SCOPE OF SERVICES
Flood Protection Planning for Watersheds
City of Lubbock, Texas
Texas Water Development Board Project No. 40065
PROJECT UNDERSTANDING: The City of Lubbock has been awarded a grant under the newly created
Texas Flood Infrastructure Fund (FIF) to develop a watershed study for the Canyon Lakes System on the City of
Shallowater-Yellow House Draw HUC-10 (1205000113) and the Buffalo Springs Lake -North Fork Double
Mountain Fork Brazos River HUC-10 (1205000301). The FIF is managed by the Texas Water Development
Board (TWDB) and it was created to assist in the financing of drainage, flood mitigation and flood control
projects. The watershed study will include the development of hydrologic and hydraulic models that will serve
as planning tools to define flood hazard risks for private property and public infrastructure. The models will also
provide a platform for developing and evaluating improvement alternatives. A dam safety assessment of a
maximum of eight (8) dam structures will also be performed including inspections, hazard classifications
updates, and breach analyses where applicable.
This flood protection planning study includes use of the best and most current data with regard to cumulative
changes in land cover and land use (development), updated rainfall data (NOAA Atlas 14), updated topographic
data (LiDAR), topographic survey and stream cross -sectional data, and application of new technology to
develop more accurate floodplain modeling and mapping. Updated software shall be used to better represent the
conditions in Lubbock. The updated models will be compared to the existing FEMA floodplain maps and all
differences will be noted. Coordination with FEMA will occur throughout the process so that the submitted data
complies with the latest FEMA requirements.
Task 1: Project Management and Meetings
A. General project management and communications with the City and partner entities.
B. Project kickoff meeting with City staff and partner entities staff.
C. Monthly status reports.
D. Up to six (6) additional meetings including a project kickoff and data collection meeting, hydrology
review meeting, hydraulics review meeting, alternatives review meeting, dam assessment meeting,
and final report review meeting.
Task 2: Public Outreach
A. Development of a web survey to collect resident feedback on known drainage issues within the
watershed. The web survey will be posted on the City's website and promoted via social media
platforms by the City.
B. Prepare for and facilitate three (3) public meetings during the project to communicate with
the public. The public meetings will be held at the project kickoff phase, after completion of
the flood risk analysis task, and at the completion of the project to present the watershed
study results.
C. Coordination with non-NFIP Participating Entities. There is one (1) non-NFIP participating
community in the larger Project Area that are not members of the National Flood Insurance
Program (NFIP) and do not currently enforce floodplain management ordinances that are at least
equivalent to the NFIP minimum standards. In accordance with Flood Infrastructure Fund
program requirements, City of Lubbock staff or designates will reach out individually to the one
(1) non-NFIP participating community of Smyer, Texas, to provide assistance to this non-NFIP
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
participating community to draft and recommend adoption of floodplain ordinances that meet the
NFIP minimum standards. Assistance will consist of written correspondence and one (1)
teleconference to discuss floodplain ordinances. Model floodplain ordinances developed by the
TWDB will be provided by the City of Lubbock, or designate, to each non-NFIP community for
their consideration.
Task 3: Data Collection
A. GIS data: topographic maps, LiDAR, zoning maps, storm drain system mapping, roadways, property
lines, buildings, future land use maps, aerial imagery.
B. Previous plans and studies from partnering entities and other related authorities.
C. Existing hydrologic and hydraulic models.
D. Dam and reservoir original design plans from local sponsor.
E. Conduct up to (1) site visit to verify and document initial conditions.
F. System inventory of streams and City.County roadways.
G. Field Survey will be collected at bridge culvert crossings and at intermittent creek cross sections to
supplement and ground truth the LIDAR. At each crossing, survey will be collected for the hydraulic
openings, railings, curbs, centerlines, and all other points necessary to adequately model the bridge
or culvert. In addition, each crossing survey includes cross sections upstream of the crossing. Cross
sections to be surveyed will include the channel geometry for 20 feet on either side of the banks. The
remainder of the section will be supplemented with LIDAR as needed. The location of cross sections
and crossings to be surveyed is defined to the road and railroad crossings that intersect the channel.
This project will survey 2 low water crossings, 9 minor road/culverts crossings, 8 major road
crossings, 4 Loop 289 crossings, 4 interstate I-27 crossings, 5 Dams spillways, and 3 railroad
crossings. The location of all survey to be collected will be verified with the City prior to commencing
work.
Task 4. Screening Assessment
Development of a two-dimensional (2D) hydraulic model to perform high-level planning and analysis for the
entirety of the Canyon Lakes System on the City of Shallowater-Yellow House Draw HUC-10 (1205000113)
and the Buffalo Springs Lake -North Fork Double Mountain Fork Brazos River HUC-10 (1205000301). Perform
"Rain -on -Mesh" analysis to define overland flow paths and identify flooding areas within and outside of the
floodplain. Flow hydrographs will be developed for standard design storms including the 2, 5, 10, 25, 50, 100-
year events (24-hr duration) for existing and ultimate development condition. Identify flood prone areas and
document existing and fully developed structure overtopping (road crossings) and flooding potential
(structures).
Task 5. Flood Risk Analysis
The purpose of this task is to develop detailed hydrologic and hydraulic modeling for City of Shallowater-
Yellow House Draw HUC-10 (1205000113) and the Buffalo Springs Lake -North Fork Double Mountain Fork
Brazos River HUC-10 (1205000301). These streams have been selected for detailed study due to the location of
existing developments. The models will be developed in a format suitable for future submission to FEMA as a
Letter of Map Revision (LOMR), but the preparation of a LOMR and associated FEMA coordination is beyond
the scope of this study. A set of maps attached to this document are presented showing the project study area. In the
study area, the detailed study area and 18 miles of detail streams analysis are shown in Figure 1 and Figure tare
shown.
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
A. Base Model Development
Develop or update hydrologic and hydraulic models for the study area. The models will utilize
the latest estimates of rainfall for the area (Atlas 14), and the most appropriate level of detail as
outlined below.
1) Approximate Detail -- Typically undeveloped, rural areas. Simplified hydrology and 1 D
unsteady flow hydraulic modeling of large riverine drainage features.
2) High Detail - Mostly developed areas, low to medium density. Detailed hydrology and
high -resolution hydraulic modeling of open channels, including limited use of 2D
modeling.
3) A map showing the approximate and detailed study area is attached as Figure 1.
B. Detailed Hydrologic Analysis
1) Delineate watersheds and sub -watersheds for the study area.
2) Define model input parameters for the study area.
3) Create both existing and fully -developed land use advanced hydrologic models in
FEMA approved modeling software and typically used in the region for the study area
based on the National Resources Conservation Service (NRCS) unit hydrograph
method.
4) Determine the existing and fully -developed discharges for the study area for the 2-, 5-,
10-, 25-, 50-, 100-, and 500-year storm events.
5) Calculate basin routing parameters using the Modified Puls (where hydraulic models
are available) or Muskingum Cunge method.
C. Detailed Hydraulic Analysis
1) Develop new unsteady hydraulic models.
2) Update channel and pond routings in hydrologic modeling.
3) Determine the existing and fully -developed water surface elevations for the 18 miles of
streams within the detailed study area for the 2-, 5-, 10-, 25-, 50-, 100-, and 500-year
storm events.
4) Develop the existing and fully -developed conditions 100-year floodplains within the
stream study limits. Identify flood prone areas and document existing and fully -
developed structure overtopping (road crossings) and flooding potential (structures).
5) Identify flood prone areas and document existing and fully -developed structure
overtopping (road crossings) and flooding potential (structures).
Task 6. Critical Flood Hazard Alternatives Analysis
A. Utilize staff input and results from Task 4 and 5 to identify up to ten (10) critical flood hazard
areas within the City of Shallowater-Yellow House Draw HUC-10 (1205000113) and the
Buffalo Springs Lake -North Fork Double Mountain Fork Brazos River HUC-10
(1205000301). Criteria for hazard ranking and flood areas will follow the procedures
developed in the City of Lubbock SWMP.
B. If necessary, refine hydrologic and hydraulic analyses to achieve greater level of detail for
critical flood areas identified in Task 3. It is assumed that additional analysis will be required
for up to five (5) areas.
C. Develop up to two (2) conceptual level alternatives to resolve identified structure and
roadway crossing flooding at up to ten (10) critical flood areas.
D. Evaluate the alternatives for the 2-, 5-, 10-, 25-, 50- and 100-year storm events.
E. Develop corresponding exhibits depicting the concept and resulting reduction in flooding
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
risks.
F. Develop alternatives with the goal of minimizing floodrisk considering economic
constraints as specified by City. Achieving a 100-yr level of protection may not be
economically feasible for all locations.
G. Prepare planning level opinion of probable construction cost (OPCC) for each alternative
in 2021 dollars.
H. Rank project priorities using CIP prioritization criteria previously developed during Storm
Water Master Plan effort.
I. Identify funding sources and financing strategies to adequately fund the necessary
improvements for high ranking projects.
J. When possible and as applicable, evaluations of flood risk reduction solutions, including flood
mitigation projects, should be consistent with "Technical Guidelines for Regional Flood Planning,"
Exhibit C to Regional Flood Planning Grant Contracts, which can be found at:
hgps://www.twdb.texas.gov"flood/planning: planningdocu/20231'index asp.
K. Each feasible flood mitigation alternatives evaluated must identify and compare cost and benefits of
projects. Quantification of cost will include engineering, permitting, easement and/or property
acquisition, capital cost, operation and maintenance, and other costs as applicable. Quantification of
benefit of the project will include the following items, as applicable:
• Number of structures with reduced 100-year (1 % annual chance) flood risk.
• Number of structures removed from 100-year (1% annual chance) flood risk.
• Number of structures removed from 500-year (0.2% annual chance) flood risk.
• Residential structures removed from 100-year (1 % annual chance) flood risk.
• Estimated Population removed from 100-year (1% annual chance) flood risk.
• Critical facilities removed from 100-year (1% annual chance) flood risk (#).
• Number of low water crossings removed from 100-year (14'o annual chance) flood risk (#).
• Estimated reduction in road closure occurrences.
• Estimated length of roads removed from 100-year flood risk (miles).
• Estimated farm & ranch land removed from 100-year flood risk (acres). Estimated farm &
ranch land at 100-year flood risk (acres) should only include farm and ranch land that are
negatively impacted by flooding events and should not include land that benefits from
floodplains for example rice fields.
• Estimated reduction in fatalities (if available).
• Estimated reduction in injuries (if available).
• Pre -Project Level -of -Service
• Post -Project Level -of -Service
• Cost/ Structure removed
• Percent Nature -based Solution (by cost)
• Negative Impact (Y/N)
• Negative Impact Mitigation (Y/N)
• Social Vulnerability Index (SVI)
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
• Water Supply Benefit (Y/N)
• Traffic Count for Low Water Crossings
L. The recommended solutions must be permittable, constructable and implementable.
M. The recommended flood risk reduction solutions must have no negative effect on
neighboring areas in accordance with statutory requirements for regional flood plans
(Texas Water Code § 16.062(i) and 0)(2)). Recommended flood risk reduction solutions,
including flood mitigation projects, must meet the definition and requirements regarding
no negative effect identified in Exhibit C to the Regional Flood Planning Contracts,
Technical Guidelines for Regional Flood Planning, which can be found at:
ht#ps://www.twdb.texas.gov/flood/plannin,"/nlanningdocu/2023/index.asp. The flood
mitigation projects identified from this FIF CAT 1 study must comply with `no negative
effect' in order to be included in the regional flood plans.
Task 7. Dam Safety Assessment
FNI will perform a Dam Safety Assessment for up to eight (8) dams within the City of
Shallowater-Yellow House Draw HUC-10 (1205000113) and the Buffalo Springs Lake -North
Fork Double Mountain Fork Brazos River HUC-10 (1205000301). Information about the dams
included in this study is summarized in Table 1, based on data collected from the National
Inventory of Dams, and other online resources.
Table 1: Dams Summary
Lat, Long
Maximum Pool
Normal Pool
Structure ID
Name
Texas ID
(Decimal
Height
Storage
Storage
(feet)
degrees)
(acre-feet)
(acre-feet)
1
Lake Ransom Canyon Dam
TX04028
N 33.5244
26
1,620
560
W 101.6781
2
McMillan Dam
TX04027
N 33.5335
76
8280
4200
W 101.6948
3
Canyon Lakes Project Dam No 6
TX04787
N 33.5655
18
345
345
W 101.8022
4
N 33.5854
Unnamed Structure No. 3
N.A.
N.A.
N.A.
N.A.
W 101.8284
5
Unnamed Structure No. 2
N.A.
N 33.5900
N.A.
N.A.
N.A.
W 101.8297
6
Canyon Lakes Project Dam No 3
TX04786
N 33.6006
9
73
73
W 101.8484
7
Canyon Lakes Project Dam No 2
TX04317
N 33.608
12
50
50
W 101.8631
8
Unnamed Structure No. 1
N.A.
N 33.61461
N.A.
N.A.
N.A.
W 101.8761
The Dam Safety Assessment will consist of the followingtasks for all the dams mentioned in
table 1, unless indicated otherwise:
A. Data Collection
1) Original design plans (i.e. as-builts).
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City of Lubbock
Watershed FIF Study
Exhibit A - Scope of Services
2) Repair of modification design plans.
3) Inspection reports.
4) Previous dam assessment reports, breach analyses and/or emergency action plans, if
available.
5) Texas Commission on Environmental Quality (TCEQ) dam inventory data.
6) NRCS dam assessment reports, breach analyses and/or emergency action plans.
B. Site Visits
1) Perform site visit to visually assess dam conditions and current status of
operation and maintenance (O&M) activities. All sites visits will not include
assessing the interior of principal spillways or conduits.
2) Develop condition worksheet to record inspection findings, including
representative photographs. The condition worksheet will be acceptable for
this project and will not be required for submission to TCEQ.
C. Hydrologic Capacity Analysis
1) Generate Probable Maximum Precipitation (PMP) depths based on recently
updated TCEQ PMP guidelines, released in January 2017, and in accordance
with guidance in the Texas Administrative Code (TAC §299.15).
Additionally, generate frequency precipitation depths (2-year through 100-
year) in accordance with the Local Ordinance
2) Develop a hydrologic model in HEC-HMS for evaluating the Probable
Maximum Flood (PMF) for each dam according to TCEQ guidelines and State
criteria (TAC §299.15). The design flood, expressed as a percentage of the
PMF, will be determined based on findings of dam breach analysis and hazard
classification determination. Elevation -storage data will be computed based on
available LiDAR topography data, and a spillway discharge rating curve will
be computed based on dimensions of the structure provided in available
construction drawings.
3) Evaluate the dams' existing capacity, expressed as a percentage of the PMF, to
determine whether the dam complies with TCEQ criteria for hydrologic
adequacy.
4) Results of the hydrologic analysis will be presented in a technical report
combined with the dam breach analysis.
D. Dam Breach Analysis
1) Develop dam breach model in HEC-RAS using two-dimensional unsteady
flow capabilities to evaluate the required breach scenarios — normal pool
breach, barely overtopping breach (if necessary), and design flood (PMF)
breach. Model will be defined based on gathered topography data, and results
from the Hydrologic Assessment will provide inflow hydrographs for the
model. Downstream model extents will be defined based on breach
attenuation down to less than one foot incrementally between breach and non -
breach scenarios. Based on initial empirical estimates, the breach inundation
length is likely not to exceed twenty-seven miles downstream from Lake
Ransom Canyon Dam. Downstream and intervening drainage basins will be
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
included from the hydrologic analysis to represent incoming flows from
adjacent tributary streams. Due to the complexity of the system, it will be
necessary to include all six structures mentioned in Table 1 in a single
hydraulic model to properly analyze the breach and hydrologic capacity of
Lake Ransom Canyon Dam and McMillan Dam
2) Based on results from the dam breach model, evaluate the downstream hazard
classification of structures l and 2, see table 1, according to TCEQ criteria
(TAC §299.14).
3) Prepare breach inundation maps of the final breach scenarios for inclusion in
an Emergency Action Plan (EAP) only for structures 1 and 2, refer to table.
The inundation extents will be delineated based on the available topography
data, and the maps will use aerial imagery as the background with appropriate
base map layers and labels. Data included on the maps will satisfy TCEQ
requirements for inclusion in an Emergency Action Plan, to be prepared by
other.
4) Develop estimates of population at risk (PAR) within the breach inundation area for
structures 1 and 2, refer to table 1.
5) Furnish one (1) digital copy of a draft technical report (PDF format) documenting the
processes, assumptions, and findings of both the Hydrologic Assessment and the Dam
Breach Analysis.
6) Meet with Owner to discuss findings of the Hydrologic Assessment and Breach
Analysis. Purpose of meeting will be to review hydraulic adequacy of the dam as it
relates to TCEQ criteria and hazard classification determined from the dam breach
analysis.
E. Conceptual Alternative Analysis
1) Based on the findings of the hydrologic assessment and hazard classification
evaluation, develop one conceptual rehabilitation alternative for Lake Ransom
Canyon Dam and McMillan Dam to upgrade the structures to comply with TCEQ
hydrologic capacity criteria based on dam size and hazard classification (TAC
§299.15).
2) Provide planning -level cost estimates, or opinions of probable construction
costs (OPCC), for the conceptual alternatives. These estimates will be
intended for comparative decision -making purposes only and may differ from
the actual construction costs following detailed design.
Task 8. City of Lubbock Watershed Study — Technical Report
A. Prepare Draft Technical Report documenting the findings and recommendations of the watershed
study including digital deliverables such as field survey, GIS information, and hydrologic and
hydraulic models in accordance with TWDB standards.
B. Draft report will be submitted in digital format (.pdf file) for City and TWDB review. Up to one (1)
round of revisions to the report will be performed after receiving City and TWDB feedback. Final
report will be submitted in digital format (.pdf file) and up to three (3) hard copies will be provided.
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by City, which are not
included in the above described basic services, are described as follows:
1. Final design, bid, or construction phase services.
2. Analysis of areas beyond those outlined in the Scope of Basic Services.
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
3. Analysis of additional alternatives beyond those indicated in the Scope of Basic Services.
4. Additional site visits or meetings in excess of those defined on the Scope of Basic Services.
5. Application for state or federal permitting or an environmental document for NEPA clearance.
6. LOMR, CLOMR or other FEMA coordination.
7. Preparation of funding submittals or grant applications for projects.
8. Providing renderings, model, and mock-ups requested by the City.
9. Making revisions to drawings or other report documents when such revisions are 1) not consistent with
approvals or instructions previously given by City or 2) due to other causes not solely within the control
of FNI.
10. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof,
or to verify the accuracy of drawings or other information furnished by City.
11. Meeting or trips in excess of the number of meetings included in Article I for site visits, coordination
meetings, or other activities.
12. Preparing data and reports for assistance to City in preparation for hearings before regulatory agencies,
courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations
therefore before any regulatory agency, court, arbitration panel or mediator.
13. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other
regulatory agencies that become effective after the date of this agreement.
14. Providing basic or additional services on an accelerated time schedule. The scope of this service include
cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or
reproduction costs directly attributable to an accelerated time schedule directed by the City.
15. Providing document revisions in excess of those outlined in Scope of Basic Services.
16. Providing environmental services.
17. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions,
including title search and examination of deed records.
18. Visits to the site in excess of the number described under Basic Service
19. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or
condemnation proceedings arising from the development or construction of the Project, including the
preparation of engineering data and reports for assistance to the CLIENT.
20. Bid phase services.
21. Construction phase services.
22. Performing extensive, non -routine investigations, studies and analyses of work proposed by construction
Contractors to correct defective work.
23. Performing extensive, non -routine investigations, studies, and analyses of substitutions of materials or
equipment or deviations from the plans and specifications.
24. Geotechnical investigations and analysis services.
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City of Lubbock Exhibit A - Scope of Services
Watershed FIF Study
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services within twenty-four (24) months of receiving notice to proceed.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent
with the number of days of delay. These delays may include but are not limited to delays in City or regulatory
reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may
result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO.
SCHEDULE
The proposed total duration for this study is twenty-four (24) months. See below for an estimate of project
schedule by Task:
TASK
DESCRIPTION
DURATION
1.0
PROJECT MANAGEMENT AND MEETINGS
24 Months
2.0
PUBLIC OUTREACH
6 Months (parallel task)
3.0
DATA COLLECTION AND SURVEY
5 Months
4.0
SCREENING ASSESSMENT
3 Months
5.0
FLOOD RISK ANAYSIS HYDROLOGY & HYDRAULICS
8 Months
6.0
CRITICAL FLOOD HAZARD ALTERNATIVES ANALYSIS
4 Months
7.0
DAM SAFETY ASSESSMENT
12 Months (parallel task)
8.0
TECHNICAL REPORT
4 Months
Total Project Duration =
24 Months
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City of Lubbock
Watershed FIF Study
TASK & EXPENSE BUDGETS
TASK BUDGET
Exhibit A - Scope of Services
TASK
DESCRIPTION
AMOUNT
1.0
PROJECT MANAGEMENT AND MEETINGS
$ 53,797
2.0
PUBLIC OUTREACH
$ 35,395
3.0
DATA COLLECTION AND SURVEY
$ 159,476
4.0
SCREENING ASSESSMENT
$ 64,497
5.0
FLOOD RISK ANAYSIS HYDROLOGY &
HYDRAULICS
$ 125,915
6.0
CRITICAL FLOOD HAZARD ALTERNATIVES
ANALYSIS
$ 82,984
7.0
DAM SAFETY ASSESSMENT
$ 141,075
8.0
TECHNICAL REPORT
$ 86,861
Total Task Budget =
$ 750 000
EXPENSE BUDGET
CATEGORY
AMOUNT
Salaries & Wages'
$ 193,875.89
Fringe
$125,185.66
Travel'
$694.40
Subcontract Services
$68,000
Other Expenses4
$2,740.00
Overheads
$228,851.10
Profit
$130,652.95
TOTAL
$750,000.00
' Salaries and Wages is defined as the cost of salaries of engineers, draftsmen, stenographers, surveyors,
clerks, laborers, etc., for time directly chargeable to this CONTRACT.
2 Frinee is defined as the cost of social security contributions, unemployment, excise, and payroll taxes,
workers' compensation insurance, retirement benefits, medical and insurance benefits, sick leave,
vacation, and holiday pay applicable thereto.
' Travel is limited to the maximum amounts authorized for state employees by the General
Appropriations Act, Tex. Leg. Regular Session, 2017, Article IX, Part 5, as amended or superseded
'Other Expenses is defined to include expendable supplies, communications, reproduction, postage, and
costs of public meetings directly chargeable to this CONTRACT.
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City of Lubbock
Watershed FIF Study
Exhibit A - Scope of Services
5 Overhead is defined as the costs incurred in maintaining a place of business and performing
professional services similar to those specified in this CONTRACT
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Position
Principal / Group Manager
Technical Professional - 6
Technical Professional - 5
Technical Professional - 4
Technical Professional - 3
Technical Professional - 2
Technical Professional -1
CAD Technician/Designer - 3
CAD Technician/Designer - 2
CAD Technician/Designer -1
Senior CAD Technician/Designer
Construction Manager - 4
Construction Manager - 3
Construction Manager - 2
Construction Manager -1
Corporate Project Support - 3
Corporate Project Support - 2
Corporate Project Support -1
Intern/ Coop
Rates for In -House Services
Technology Change
$8.50 per hour
Travel
Standard IRS Rates
EXHIBIT B
LUBBOCK RATE SCHEDULE
Rate
305
293
234
200
273
152
125
168
126
100
207
165
135
128
100
140
126
96
65
Bul�nting and Reproduction
MSW
Small Format (per copy)
$0.10
Large Format (per sq. ft.)
Bond
$0.25
Glossy / Mylar
$0.75
Vinyl / Adhesive
$1.50
Mounting (per sq. ft.)
$2.00
Binding (per binding)
$0.25
Color
$0.25
$0.75
$1.25
$2.00
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 approximates the cost to FNI 0 an FNI employee was performing the same or similar
services.
Rates to be adjusted no more than S% annually
LUS19