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HomeMy WebLinkAboutResolution - 2006-R0411 - Professional Services Agreement - HDR Engineering, Inc. - 08_24_2006Resolution No. 2006-RO411 August 24, 2006 RESOLUTION Item No. 6.10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Second Amendment of Professional Services Agreement by and between the City of Lubbock and HDR Engineering, Inc., and all related documents. Said Second Amendment of Professional Services Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th day of August 2006. ATTEST: becca GaWa, City Secretary APPROVED AS TO CONTENT: Thorn A ms, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney ml/ccdocs/HDR- Prof. Services Agree.2nd Amend.res August 14, 2006 CONTRACT NCL Resolution-1� O.?006-R0411 SECOND AMENDMENT OF August 24, 2006 PROFESSIONAL SERVICES AGREEMENT Item No. 6.10 This Second Amendment of Professional Services Agreement (the "Amendment') is dated the 24th day of August , 2006, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc. (the "Engineer"), a professional services company. WHEREAS, on or about November 18, 2005, the City and Engineer entered into that certain Professional Services Agreement (the "Original Agreement"), Resolution No. 2005- R0546, wherein the City contracted with Engineer to perform services regarding the analysis and modeling of certain water rights; WHEREAS, in connection with the analysis and modeling of water rights, the City filed an application to the Texas Commission on Environmental Quality (the "TCEQ") to, among other things, appropriate certain water rights (the "Application"); WHEREAS, in connection with the Application, the TCEQ issued a Request for Information to the City in which additional services of the Engineer were required; WHEREAS, on or about December 15, 2005, the City and Engineer amended the Original Agreement (the "First Amendment") in certain respects, Resolution No. 2005-R0589, including without limitation, the Scope of Services to be provided to City by Engineer; WHEREAS, the City now desires to investigate additional water supply alternatives, analyses for which are not accounted for in the original Scope of Services; WHEREAS, the City and Engineer anticipate subsequent Requests for Information to the City from the TCEQ related to technical review of the Application; WHEREAS, the City also desires to enter into negotiations with the Brazos River Authority ("the BRA") concerning the City's Application and the BRA's pending application before the TCEQ for a "system operation permit" and the City requires ongoing technical support during those negotiations; and WHEREAS, the City and Engineer now desire to amend the Original Agreement, as amended by the First Amendment, to provide for such additional services and compensation therefore. NOW, THEREFORE, the City and Engineer hereby amend the Original Agreement, as amended by the First Amendment, as follows: 1. Section 2.01 of the Original Agreement, as amended by the First Amendment, is hereby deleted in its entirety and replaced with the following: 2.01 The consideration to be paid for Task 1, Task 2, Task 3, Task 4 and Task 5 of the Services to be provided to the City, as described in Article I and Exhibit "A", attached hereto, shall be on a lump sum basis. The lump sum due and payable to Engineer for such tasks shall be $198,700. The consideration for Task 6 of the Services shall be payable on a time and material basis as described on Exhibit "A", attached hereto. Consideration for Task 6 shall not exceed $100,000, inclusive of all previous compensation and consideration related to Task 6. The specific services to be provided under Task 6 have not been fully defined, but are related to addressing TCEQ concerns regarding the City's Application and assisting the City in negotiations with other water right holders in the Brazos River Basin regarding the Application. These services cannot be fully defined in advance, and are contingent upon future TCEQ Requests for Information and other issues that may arise during the permitting and negotiations process. When and if the consideration of $100,000 is expended, Engineer shall not continue providing Task 6 services until the City provides written authorization and additional funding for Task 6. These amounts shall be invoiced to the City on a monthly basis based upon percent complete of each task, as regards Tasks 1 through 5, and as regards Task 6, upon the time and material basis described on Exhibit "A", attached hereto. Each invoice shall be payable by the City within thirty (30) days of receipt of same. SECOND AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT Page 2 2. Exhibit "A" of the Original Agreement, as amended by the First Amendment, is hereby deleted in its entirety, and replaced with Exhibit "A", attached hereto. 3. Except as expressly amended hereby, the Original Agreement, as amended by the First Amendment, shall remain valid and enforceable as originally provided. IN WITNESS WHEREOF, the parties have executed this Amendment by duly authorized representatives as of the date first written above. HDR ENGINEERING, INC. CITY OF LUBBOCK DAVID A. MILLER, MAYOR ATTEST: OTe2cleMaG za, City Secretary APPROVED AS TO CONTENT: omas . d s Deputy City anager SECOND AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT Page 3 APPROVED AS TO FORM: Richard K.Casner First Assistant City Attorney ml:RKC/Richard/HDR-2nd Amend of PSA August 11, 2006 SECOND AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT Page 4 Resolution No. 2006-RO411 August 24, 2006 Item No. 6.10 Exhibit A: Scope of Work Water Rights Permitting Support for the City of Lubbock HDR Engineering, Inc. November 15, 2005 Revised August 4, 2006 Project Background The City of Lubbock, Texas has begun securing additional water rights and bed -and - banks transfer permits to augment the City's existing water supplies. The City has filed a bed -and -banks permit application with the Texas Commission on Environmental Quality (TCEQ) to utilize "developed" water that is available as a result of the City's storm water system creating flows in the North Fork of the Double Mountain Fork of the Brazos River (North Fork) that would have otherwise been captured by playa lakes and lost through evaporation or percolation into the ground. This developed water and additional unappropriated flows would be captured in, and diverted from, two proposed reservoirs of the Jim Bertram Lake System Expansion, Lake 7 and Lake S. In addition, the City is investigating obtaining a new appropriative water rights permit to divert flows from the North Fork into Lake Alan Henry when flows in the river are higher than normal. This type of water right is typically referred to as a "scalping" permit. Both initiatives will require coordination with the Brazos River Authority (BRA) regarding their effects on the BRA's water rights in Possum Kingdom Reservoir and the BRA's proposed system operations permit. TCEQ Brazos Water Availability Model The TCEQ has developed water availability models (WAMs) for each river basin in Texas. These models utilize the Water Rights Analysis Package (WRAP) model developed at Texas A&M University and input data files developed specifically for each river basin to compute water availability to existing and proposed water rights under the doctrine of prior appropriation. The Brazos River Basin WAM (BWAM) includes a period of record from 1940-1997, and simulates water available to each of the roughly 1,300 water rights in the basin on a monthly basis. Several different versions of the BWAM have been developed by the TCEQ that reflect differing assumptions regarding use of water rights, return flows and reservoir sedimentation conditions. The TCEQ currently uses Run 3 of the BWAM to determine water available to existing and potential water rights. Basic assumptions in Run 3 include full utilization of all perpetual water rights, no term permits, zero return flows (no discharge of treated wastewater effluent), and as -permitted reservoir *storage capacities. In addition, permitted diversions from HDR Engineering, Inc. 1 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A BRA reservoirs are diverted lakeside; BRA contractual commitments are not modeled at their actual diversion locations. Uncertainties Defining and treating stormwater as "developed" water is a novel approach. To our knowledge, no other water right applicant has approached the TCEQ with such a request. The results of any action by the TCEQ regarding this application could have statewide implications for municipalities seeking additional surface water rights, and TCEQ staff is certain to scrutinize the underlying hydrology very closely. As such, we cannot provide a prediction as to how TCEQ staff and commissioners will react to this application. The ultimate success of this effort will lie largely with being able to convince TCEQ staff of the validity of the City's claim to its stormwater as "developed" water. Several levels of analysis of differing complexity could be used to determine the quantity of water available. The simplest is to assume that the majority of the stormwater discharged by the City to the North Fork would not have been discharged, save for the City's development of its stormwater system. This is the approach assumed here, which does not attempt to quantitatively determine historical time series of "before and after" volumes of water discharged, where "before" is a baseline natural condition existing prior to the existence of Lubbock's stormwater system and "after" is the volumes discharged over the period of record by the stormwater system as it developed over time. Additional hydrologic analyses beyond those identified in the following scope of work could very likely be required by the TCEQ in order for the agency to grant the City's request. Based upon discussions with City staff and the City's outside legal counsel, HDR has identified the following scope of work pursuant to the City's stated goals. This scope of work was revised in August 2006 to reflect the City's stated directions. Scope of Work Task 1. Estimate Developed Water and Unappropriated Water Potentially Available from the North Fork at Lakes 7 and 8 (Jim Bertram Lake System Expansion). 1.A. Developed Water Availability. The City will provide to HDR estimates of water generated and discharged to the North Fork due to the operation of the City's stormwater system. It is HDR's understanding that these estimates will be developed by another consultant to the City. These estimates will include total storm runoff volumes and peak discharges for the 2-, 5-, 10-, 25-, 50-, and 100-year 24-hour design storms. In addition, the City will provide runoff volumes for three rainfall depths less than the 2-year design storm in order to obtain an extended relationship between rainfall depth and volume of runoff. It is anticipated that required depths will range from 0.25 inches to 2 inches. The City will provide these volumes on two bases: 1. All flows from the City's stormwater system that reach the North Fork, and HDR Engineering, Inc. 2 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A 2. Those flows discharged from the City's stormwater system that would not have reached the North Fork but for the development of the City and the City's stormwater system. The City will provide the location (latitude and longitude) of each discharge location, and of Lakes 7 and 8. With parameters from the Brazos WAM, HDR will estimate channel losses between defined stormwater outfalls and Lakes 7 and 8, and the portion of the water generated by the City's stormwater system that could be captured by the proposed dams. For both of the stormwater volume bases identified above, HDR will develop a relation between storm event runoff volume and rainfall depth, and use this relation and nearby daily rainfall data to estimate monthly volumes of storm runoff from the "contributing" and "noncontributing" areas of the Lubbock stormwater system. HDR will input these monthly quantities into the Brazos WAM and determine flows in excess of the existing naturalized flows that can be considered as "developed." The result of the analyses will be volumes of water available assuming, alternatively, that 1. all stormwater discharged by the City is developed water, and 2. only that stormwater discharged that would not have been without the City's stormwater system can be considered as developed water. LB. Unappropriated Water Availability. HDR will utilize the Brazos WAM to determine the quantities of unappropriated flows available at Lake 7 and Lake 8, assuming the diversions are a new appropriation with junior priority. As the Brazos WAM streamflow data inherently include flows generated from the City's stormwater system, positive differences in water availability between these flows and those identified in Task LA as "developed" water (Task LB minus Task LA) represent additional flows potentially available for appropriation on an interruptible basis. HDR will summarize developed and interruptible flows identified in Tasks LA and LB with statistical and graphical summaries. All analyses will incorporate instream flow requirements that will likely apply to the permit. These intream flow requirements will be estimated by HDR using both the Modified Lyons Method, which is the current methodology employed by TCEQ, and the Consensus Criteria for Environmental Flow Needs (CCEFN ), which has been adopted for use by the Texas Water Development Board for use in regional water planning and has been utilized by the TCEQ for some recent permits. 1.C. Determine Firm and Safe Yields of Lakes 7 and 8. HDR will utilize available digital topography of the Lake 7 and Lake 8 sites to determine the elevation -area -capacity relationship of both proposed reservoirs. HDR will utilize these data to determine the firm and safe yields of Lakes 7 and 8 under the following configurations: 1. constructed and operated jointly, 2. construction and operation of Lake 7 only, and 3. construction and operation of Lake 8 only. HDR Engineering, Inc. 3 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A All operations will be subject to the pass -through requirements estimated using the Lyons and CCEFN methods. Added to the Brazos WAM data will be estimates of current and future City wastewater discharges to the North Fork. HDR will determine the contribution to the reservoir firm yields from the following sources: 1. Unappropriated flows available at junior priority, 2. Unappropriated flows available assuming subordination of the BRA's Possum Kingdom Reservoir water right, 3. Current and future reclaimed water discharged to the North Fork at the head of the Jim Bertram Lake System, at the SE Wastewater Treatment Facility, and at the existing East discharge point. Discharge volumes will be proportioned to these three locations as coordinated with the City, and 4. Developed water from the City's stormwater system. The City will provide estimates of current and future return flows from the City's current reuse application submitted to the TCEQ. I.D. Water Availability Report. HDR will present and summarize findings of Tasks LA, LB, LC and Task 2 in a water availability report. The report will provide a summary of flows in the North Fork, including naturalized flows, and those available from natural runoff, the City's developed flows from its stormwater system, and the City's existing and future groundwater and reclaimed water discharges. Flows will be summarized at the following locations: (1) head of the Canyon Lake System, (2) location of proposed Lake No. 7, (3) location of proposed Lake No. 8, (4) near the City of Post (in conjunction with Task 2), and (5) near Lake Alan Henry (in conjunction with Task 2). HDR will provide five (5) copies of the report in draft form for City review. HDR will provide five (5) final copies of the report within two (2) weeks of receipt of City review comments. HDR will also provide the report in electronic (PDF file) form. I.E. Water Quality Considerations — Treatment and Use. The quality of the water to be impounded in Lakes 7 and 8 is of concern, as it will be generated primarily from stormwater and wastewater treatment plant effluent (reuse water), which are usually of a quality not suitable for municipal use without innovative treatment. HDR will evaluate the potential water quality in the reservoirs and the implications such quality might have on use of the reservoirs for municipal water supply. HDR will utilize data from the National Pollution Discharge Elimination System (NPDES) monitoring, wastewater treatment plant discharge monitoring, and USGS water quality measurements to assess the viability of those waters as part of a municipal water supply. HDR will prepare a technical memorandum discussing issues related to treating and delivering water from the reservoirs to the City of Lubbock and its customers, including blending with other supplies. HDR will include in this memorandum suggested items for a scope of work that would provide more detailed water quality information through additional data analysis and modeling. HDR Engineering, Inc. 4 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A Task 2. Determine Water Available to a New Diversion from the North Fork into Lake Alan Henry. Task 2.A. Water Availability Analysis. HDR will modify the BWAM as needed to include a potential scalping water right for the City from the North Fork. HDR will investigate alternative configurations of the following three potential project configurations: 1. Lower North Fork Scalping. HDR will utilize the modified Brazos WAM to determine the availability of water to a potential scalping permit for five (5) diversion capacities at the potential diversion location near Lake Alan Henry identified in the Llano -Estacado (Region O) Water Plan. HDR will investigate the capability of such a permit to develop a firm and safe yield supply at Lake Alan Henry in excess of the current reservoir yield. HDR will simulate flood flow diversions from the North Fork into Lake Alan Henry to supplement the firm and safe yields of the existing water rights in the reservoir. HDR will estimate instream flow pass -through requirements using the Modified Lyons Method and the CCEFN and incorporate those into the water availability analysis. 2. North Fork Scalping Operation near Post. HDR will utilize the modified Brazos WAM to determine the availability of water to a potential scalping permit for five (5) diversion capacities at a diversion point located near the town of Post. HDR will investigate the capability of such a permit to develop a firm and safe yield supply at Lake Alan Henry in excess of the current reservoir yield. HDR will simulate flood flow diversions from the North Fork into Lake Alan Henry to supplement the firm and safe yields of the existing water rights. HDR will estimate instream flow pass -through requirements using the Modified Lyons Method and the CCEFN and incorporate those into the water availability analysis. 3. Coordinated Operation of Lake Alan Henry and Post Reservoir. HDR will utilize the modified Brazos WAM to determine the availability of water at the location of the permitted but unconstructed Post Reservoir, for which water rights are held by the White River MWD. The analysis will consider reservoir storage at two reasonable storage capacities, one at the existing Post Reservoir authorized storage and one smaller. HDR will investigate the feasibility of transferring flows bi-directionally (two-way pipeline) between the new storage on the North Fork and Lake Alan Henry so as to maximize the water supply that could be generated by the project. HDR will investigate up to five (5) pipeline capacities, and will estimate instream flow pass -through requirements using the Modified Lyons Method and the CCEFN and incorporate those into the water availability analysis. Analyses for all options will utilize unappropriated flows at the respective diversion locations, developed water flows from the City's stormwater system (as determined in Task 1), and reclaimed water flows. These analyses will be considered in two scenarios: HDR Engineering, Inc. 5 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A 1. as separate and distinct from those completed for Dams 7 and 8, i.e., it will be assumed that either a scalping operation/Post Reservoir or the Jim Bertram Lake System expansion will be pursued by the City, but not both, and 2. assuming either Lake 7 or Lake 8 is constructed. Task 2.B. Planning -Level Cost Estimates. HDR will prepare a planning -level cost estimate (capital and annual costs for diversion and transmission facilities, and for the storage near Post) using a methodology consistent with those estimates used in the Senate Bill 1 regional water planning efforts, for each of the alternatives considered feasible from Task 2.A. HDR will include in this cost estimate capital and operational costs for a pipeline to deliver water to the City from Lake Alan Henry and from the storage location near Post. Costs to transfer water between Post and Lake Alan Henry will be included as appropriate. These cost estimates will be developed in order for the City to rank and select alternatives for further evaluation. Task 2.C. Water Availability Report. HDR will summarize modeling results and the planning -level cost estimates with text, graphs and statistical summaries in the water availability report identified in Task I.D. In order to facilitate the analyses, the HDR and the City will jointly select the locations on the North Fork where the diversion/storage facilities will be located. Task 3. Determine the Effects of the Proposed Permits on the BRA System HDR will incorporate the two proposed permits (developed water and scalping into Lake Alan Henry) into the Brazos WAM and perform simulations to determine the effects of the permits on the BRA's water rights in Possum Kingdom Reservoir, and on the BRA's proposed system operation permit. The two proposed permits will be analyzed separately. Alternative analyses will be performed to estimate the effect of the City's proposed permits on the following: 1. BRA's Possum Kingdom Reservoir water rights; 2. BRA system operations permit, as filed by the BRA with the TCEQ, for a total firm supply of 421,449 acre-feet/year (acft/yr) diverted at the Gulf of Mexico; 3. BRA system operations permit, as filed by the BRA with the TCEQ, for a total firm supply of 150,538 acft/yr diverted at the Glen Rose stream gage; 4. BRA system operations permit, as filed by the BRA with the TCEQ, for a total firm supply of 60,538 acft/yr diverted at the Glen Rose stream gage, and an additional'I 57,000 acft/yr of interruptible supply; 5. BRA system operations permit, as modeled by the Brazos G Regional Water Planning Group, with estimated BRA contracts placed at actual diversion locations; 63,510 acft/yr of system supply diverted in Region G; and 120,000 acft/yr of system supply diverted from the lower basin to Region H. HDR Engineering, Inc. 6 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A Analysis for item 1 above will be performed assuming that a subordination agreement would be reached with the BRA. Analyses for items 2 through 5 will be performed assuming that the proposed City permits are senior in priority to the BRA's proposed system permit or assigned no priority (i.e., "developed" water), in addition to subordination of the BRA's Possum Kingdom rights. HDR and the City will jointly select a single project configuration for the Jim Bertram Lake System expansion (Task 1) a single project configuration from the North Fork Scalping Operation (Task 2) to evaluate with respect to the projects' effects on the BRA System. HDR will summarize the analyses with text, graphs and statistical summaries in a summary memorandum. Task 4. Meetings and Coordination HDR will attend up to two (2) coordination meetings with City staff and the City's outside legal counsel in Lubbock or Austin, as needed, to obtain direction and present the results of analyses for Tasks 1, 2 and 3. The fee estimate provided below assumes one in Lubbock and one in Austin. Additional meetings will be attended as additional services. Task S. Data and Analysis for Region O Strategy Evaluations The City has requested that the Llano Estacado Regional Water Planning Group (Region O) include in the 2006 Llano Estacado Regional Water Plan the following as new, recommended water management strategies: 1. Jim Bertram Lake System Expansion, and 2. Diversion of flows from the North Fork of the Double Mountain Fork of the Brazos River into Lake Alan Henry. In order for the Texas Water Development Board to accept the evaluations of both strategies, specific information needs to be developed concerning the supplies each strategy will develop, as well as the environmental effects each will have on instream flows, habitat, threatened and endangered species, and cultural/archeological resources. Tasks 1 and 2 will address many of the information needs required for the regional water plan. However, development of some of the information is outside the scope of those two tasks. Based upon HDR's knowledge of TWDB requirements, HDR has identified the following work items (Tasks 5.A and 5.B) to provide the additional information required for the inclusion of the strategies in the 2006 Llano Estacado Regional Water Plan. Task 5.A. Complete Region O Strategy Evaluation for Jim Bertram Lake System Expansion. HDR will complete the following work items in order to provide an evaluation of the Jim Bertram Lake System Expansion as a water management strategy to be included in the 2006 Llano Estacado Regional Water Plan. HDR Engineering, Inc. 7 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A Hydrology. HDR will complete the hydrologic analysis described in Tasks IA through 1D to the extent required for the regional water planning process. The City will provide to HDR preliminary estimates of the quantity of stormwater potentially available on an average annual basis, and from the 100-year recurrence interval storm, as well as the volumes potentially available from the City's effluent discharges (return flows) and groundwater discharges. These estimates will not be to the level of detail required by the Tasks IA through 1D, but will provide an estimate suitable for use in the regional water plan. HDR will incorporate these flows into the Brazos Basin Water Availability Model (Brazos WAM), and determine the yields of Lakes 7 and 8, subject to the Consensus Criteria for Environmental Flow Needs (CCEFN). HDR will estimate the effects of the operation of Lakes 7 and 8 on streamflow below the dams. Environmental and Cultural Resources. HDR will review existing databases from the Texas Parks and Wildlife Department to identify threatened and endangered species in the vicinity of Lakes 7 and 8, and the potential pipeline route from Lake 8 to the City's water treatment plant. HDR will estimate habitat types and extents affected by inundation by the reservoirs and traversed by the pipeline. HDR will determine the number of recorded cultural resource features potentially impacted using queries from the following databases: the total number National Register Listed Properties (NRHP), State Archeological Landmarks (SALs), Registered Texas Historic Landmarks (RHTLs), and Official State Historical Markers (OSHMs). HDR will identify cemeteries known to occur within the potential reservoir pools. Known archeological sites will also be referenced in each reservoir area. The topographic maps of the Texas Archeological Research Laboratory (TARL) will be consulted for numbers of archeological sites and cemeteries for each reservoir area. Results will be compiled in tabular format and summarized in text. No official hardcopy files of cultural resources will be accessed. Documentation of Analyses in Region O Report Format. HDR will document the results in text, tables and graphs for inclusion as a report section in the 2006 Llano Estacado Regional Water Plan. Task S.B. Complete Region O Strategy Evaluation for North Fork Diversions into Lake Alan Henry. HDR will complete the following work items in order to provide an evaluation of the North Fork Diversion into Lake Alan Henry as a water management strategy to be included in the 2006 Llano Estacado Regional Water Plan. Hydrology. HDR will complete the hydrologic analysis described in Task 2A of the current scope of work to the extent required by the regional water planning process. HDR will estimate the effects of the diversion project on streamflows below the proposed channel dam on the North Fork, and below Lake Alan Henry. Environmental and Cultural Resources. HDR will review existing databases from the Texas Parks and Wildlife Department to identify threatened and endangered species in the vicinity of the channel dam, and the potential pipeline route from the channel dam to Lake Alan Henry. HDR will estimate habitat types and extents affected by the project. HDR will determine the number of recorded cultural resource features potentially HDR Engineering, Inc. 8 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A impacted using queries from the following databases: the total number National Register Listed Properties (NRHP), State Archeological Landmarks (SALs), Registered Texas Historic Landmarks (RHTLs), and Official State Historical Markers (OSHMs). HDR will identify cemeteries known to occur within the project location. Known archeological sites will also be referenced in the project area. The topographic maps of the Texas Archeological Research Laboratory (TARL) will be consulted for numbers of archeological sites and cemeteries near the project area. Results will be compiled in tabular format and summarized in text. No official hardcopy files of cultural resources will be accessed. Documentation of Analyses in Region O Report Format. HDR will document the results in text, tables and graphs for inclusion as a report section in the 2006 Llano Estacado Regional Water Plan. Task 5.C. Present Findings to the Llano Estacado Regional Water Planning Group. HDR will attend the scheduled December 15, 2005 meeting of the Llano Estacado Regional Water Planning Group to present the analyses and report sections developed in Tasks 5.A and 5.B. Task 6. Additional Services — Water Rights Permitting and Other Support HDR will assist the City as requested in developing permit applications to file with the TCEQ, in coordinating with the City and its legal counsel in responding to requests for information from the TCEQ, and in other efforts as requested by the City in regard to the permit applications. Additional hydrologic, environmental or engineering analyses beyond those described in Tasks 1 — 3 may be required in order to address TCEQ questions or concerns. HDR may also be requested to attend additional coordination meetings with City staff and legal counsel. In addition, HDR will assist the City as needed by providing technical information related to negotiating agreements with the BRA and other parties potentially opposing these permits. HDR will provide " all additional services on a time and materials basis. HDR Engineering, Inc. 9 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A Schedule HDR will complete the above tasks according to the following schedule: Tasks Estimated Task Duration 1 2 months from receipt of required data from City 2 2 months following completion of Task 1 3 1 month after completion of Task 2C 4 As directed by City 5 As required by the Llano Estacado Regional Water Planning Group and the Texas Water Development Board (complete at the time of this revision) 6 As directed by City (considerable effort has been expended at the time of this revision) Payment for Services Tasks 1 through 5 will be performed for a lump sum fee of $198,700. HDR will provide monthly invoices based upon percentage complete for each task. HDR will provide a summary progress report with each invoice describing progress on each task. Fees for Additional Services under Task 6 will be negotiated as needed on a time and materials basis. Tasks associated with water rights permitting are dependant upon TCEQ comments and direction, and additional, or expansions of, work items are possible and likely during the course of this effort. HDR will inform the City if any necessary work items are identified during the course of this work that will require additional services under Task 6. Payment for additional services under Task 6 will be based upon the following schedule of hourly rates for personnel classifications reasonably expected to be involved with the project, plus reimbursable expenses. Reimbursable expenses include maps, photographs, photocopies, telephone charges, printing, travel, and other expensed directly related to the work described in this scope of work. The following schedule of hourly rates is in effect through December 31, 2006. After December 31, 2006, invoices will reflect hourly rates currently in effect at that date. HDR Engineering, Inc. 10 of 11 November 15, 2005 Revised August 4, 2006 Exhibit A Hourly Rates (effective through December 31, 2006) Classification Hourly Rate Project Principal $ 293.33 Project Manager $ 169.40 Senior Engineer $ 227.33 Project Engineer $ 129.25 Senior GIS Analyst $ 108.17 Senior Archeologist $ 99.00 Archeologist $ 58.67 Senior Aquatic Biologist $ 132.22 Aquatic Biologist $ 94.42 Botanist $ 65.56 Admin Asst./Clerical $ 66.00 Technology/Computer Charge $ 4.10 Reimbursable Expenses At cost HDR Engineering, Inc. 11 of 11 November 15, 2005 Revised August 4, 2006