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HomeMy WebLinkAboutResolution - 2009-R0002 - Agreement - HDR Engineering Inc. - 01_08_2009Resolution No. 2009-R0002 January 8, 2009 Item No. 5.4 RESOLUTION E 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 �irected to execute for and on behalf of the City of Lubbock, a Professional Services Agreement by and between the City of Lubbock and HDR Engineering, Inc. Said rofessional Services Agreement is attached hereto and incorporated in this Resolution as �f fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of January 2009. TOM MARTIN, MAYOR �TTEST: I Q Q - - e -'e , AjLw- ebec Garza, City Secretary PROVED AS TO CONTENT: om Adams, epuiy City Manager ichard K. Casner, First Assistant City Attorney DKEngineering-Prof. Services Agree.res December 12,2008 Resolution No. 2009-R0002 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 8th day of January , 200 9 , by and between the City of Lubbock (the "City'), a Texas home rule municipal corporation, and HDR Engineering, Inc. (the "Engineer"), a Nebraska corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in evaluation and study of surface water and the storage thereof, including without limitation, surface water and reservoir modeling, and is qualified to perform such activities (the "Activities"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; WHEREAS, the City desires to contract with Engineer to perform services related to the Activities and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I 1.01 Engineer shall conduct all activities and within such time frames, as set forth on Attachment "A", "Scope of Services", attached hereto (the "Services"). Page I of 10 ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be on a time and materials basis as provided in Attachment "A", attached hereto, not to exceed the sum of $219,400. This amount shall be invoiced to the City monthly as work is performed. Each invoice shall be payable by the City within thirty (30) days of receipt of sane. 2.02 The City may authorize Engineer to perform services in addition to those specifically described in Attachment "A" ("Additional Services"). not to exceed the sum of $25,000. The City Council of the City herein delegates the authority to authorize additional Services to the Director of Water Utilities. 2.03 This Agreement shall expire on January 31 , 20 11 . 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. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional engineer under similar circumstances and Engineer hereby represents to the City that the Services shall be so Page 2 of 10 4.01 performed. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Engineer and Engineer's employees 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 IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. Page 3 of 10 ARTICLE V Insurance/Indemnity 5.01 Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, 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 frill force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence Page 4 of 10 Engineer shall further cause any approved subcontractor to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor. The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the 'Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. 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. Engineer shall indemnify and hold City and City`s elected officials, officers, agents, employees and independent contractors harmless, to the fullest extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities and Page 5 of 10 expenses, and including reasonable attorney's fees, as a result of, related to or arising from Engineer's use or occupation of City owned lands, and/or to the extent of Engineer's negligent activities, performance, operations or omissions under this Agreement. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Tom Adams, Deputy City Manager P.O. Box 2000 Lubbock, Texas 79457 Facsimile. (806) 775-2051 Page 6 of 10 w/ copy to: Aubrey Spear, P.E., Director of Water Utilities P.O. Box 2000 Lubbock, 'Texas 79457 Facsimile: (806) 775-3344 For Engineer: David D. Dunn, P.E. Vice President HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Facsimile: (512) 912-5058 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES TIIAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. Page 7 of 10 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6,07 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 Section 2.01, above. 6,08 A waiver by either City or Engineer of a breach of this Agreement must be in writing 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. 6.09 Engineer may not assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment or subcontract by the City. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The right of approval of the City of Engineer's subcontractors is hereby delegated by the City Council of City to the Director of Water Utilities. The approval by the City of the subcontract requested by Engineer shall not affect the liability of Engineer hereunder to City for the timely performance of the Services as prescribed in this Agreement. The term "Engineer', as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City Page 8of10 and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 City will provide to Engineer a report prepared or to be prepared by Parkhill, Smith and Cooper ("PSC Report") which describes the stormwater and playa lake modeling from which playa lake discharges were or will be estimated, as per Task 2.a. as set forth in Attachment "A'", "Scope of Services". Engineer shall be entitled to reasonably rely on the PSC Report. 6.12 In the event Engineer is required by law to respond to a subpoena, government inquiry or other legal process directly related to the Services in connection with a legal or dispute resolution proceeding to which the City is a party and to which Engineer is not a party, City shall reimburse Engineer for reasonable costs in responding and compensate Engineer at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 6.13 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. IN WITNESS WIIEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. Page 9 of 10 CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: C-Q , - '53� /- Rebec a Garza, City Secretary APPROVED AST 0N'11'ENT: om Adams, Deputy City Manager Aubrey A. Spe"; Director oMater Utilities APPROVED AS TO FORM: Z-,(, ==,' - Richard K. Casner. First Assistant City Attorney re ProfessionalServicesAgreementHDR Engineering l 1 /24/08 Page 10 of I0 Resolution No. 2009-R0002 Exhibit A: Scope of Work Water Supply Planning and Water Rights Permitting Support for the City of Lubbock HDR Engineering, Inc. November 3, 2008 Project Background The City of Lubbock, Texas (the City) is in the process of clarifying its future water supply plans. The City desires assistance in refining estimates of future water supplies that would be potentially available from specific projects. Initial hydrologic analyses indicate these projects are feasible. In order for those projects to be eligible for State funding through the Texas Water Development Board (TWDB), the City desires to include these projects in regional and state water plans through amendment of the 2006 Llano -Estacado Regional Water Plan (Region O Plan) and the 2007 State Water Plan. In addition, the City desires assistance in water rights permitting for a variety of pending and future water rights permit applications, and in negotiating agreements with water rights holders and other entities who might oppose the City's future water supply projects. The City has requested the assistance of HDR Engineering, Inc. (HDR). Many of the analyses described in the scope of work will build upon previous work. Scope of Work Task 1. Complete Amendments to the 2006 Region O Plan. HDR will complete the documents necessary to amend the 2006 Region O Plan so that it reflects the Cit_y's intentions regarding the following projects. The current status of the amendment documents and the additional work needed to complete the documents are described below. a. Add Post Reservoir as a Lubbock Water Management Strategy. Post Reservoir is not included in the 2006 Region O Plan as a specific water management strategy for Lubbock, and has not undergone the full technical evaluation required for inclusion in a regional water plan. HDR will complete a full technical evaluation of Post Reservoir including embankment sizing and preliminary (planning -level) estimates of dam construction and other project costs, and planning -level assessments of the project's impacts on environmental and cultural resources. Assessment of the project's impacts will include downstream flow changes and the land that would be inundated by the reservoir pool. HDR Engineering, Inc. I of 8 November 3, 2008 Exhibit A Alternative estimates of supply that reflect the various sources of water potentially available to the reservoir and that reflect various operational scenarios will be developed under Task 2 (below). HDR will coordinate with the City in selecting the supply scenario that is most appropriate to be included in the water plan. b. Delete Lake No. 8 from the Jim Bertram Lake System Expansion. HDR has updated the technical evaluation of the Jim Bertram Lake System Expansion that reflects removal of Lake No. 8 from the water management strategy. The amendment document will be finalized under this task. The document will be presented to the Llano -Estacado Regional Water Planning Group (RWPG) and the TWDB as part of Task IT c. Clean up Lake Alan Henry Pipeline analysis. HDR has completed a draft of the updated technical evaluation of the LAH pipeline and has received comments from the City. The City has requested that several treated water transmission lines be added to the strategy description in order for those elements to be eligible for TWDB funding. The City will provide sizes, alignments and costs for these project elements, which HDR will include in the amendment documents. HDR will also update the Lubbock section of the 2006 Region O Plan accordingly. d. Two-way Pipeline between Lubbock and White River Reservoir. HDR will develop an initial analysis investigating the feasibility of constructing and operating a two-way pipeline between Lubbock and White River Reservoir. This pipeline concept will be developed to transport effluent from the City's wastewater treatment plant to White River Reservoir to supplement the reservoir's yield, and to transport supply from the reservoir when the City requires additional supply. HDR will complete a draft of a technical evaluation of the project at the level of detail sufficient for the project to be included either as a recommended or as an alternative water management strategy in the 2011 Region O Plan. e. Other items. The City has noted other items in the 2006 Region O Plan that it desires to update, including refinement of the Lubbock Well Field and refinement of quantities of reuse water supplied to meet Steam -Electric power demands. At this time, funding is available from the TWDB to the Llano -Estacado Regional Water Planning Group to update these items for the 2011 Plan, which is under preparation. None of these items are anticipated to be impacted by upcoming TWDB funding decisions and these modifications are best considered during the development of the 2011 Region O Plan. Cleanup of these Region O items is not part of this scope of work. HDR Engineering, Inc. 2 of 8 November 3, 2008 Exhibit A f. Prepare and Present Materials and Coordinate with the Llano -Estacado Regional Water Planning Group and the Texas Water Development Board. HDR will present the proposed amendment materials at a regularly scheduled meeting of the RWPG. After acceptance by the RWPG, HDR will coordinate with the TWDB and attempt to obtain TWDB approval of the amendments. Following TWDB approval of the amendments, HDR will coordinate with the TWDB to ensure that updated information is inlcuded in the 2007 State Water Plan and associated database (DB07). Task 2. Compile and summarize North Fork and South Fork yield studies. HDR has completed several hydrologic analyses regarding future water supplies from the North Fork and South Fork under various operational scenarios, and has prepared several individual memoranda documenting these analyses. HDR will compile and summarize these analyses, and will prepare a report presenting the supplies that could be developed under the different scenarios. Most of these will utilize previously completed hydrologic analyses, but where appropriate, previous hydrologic analyses will be updated so that all analyses are presented on a consistent basis. Assumptions to be utilized in all reservoir yield analyses include the following. These general assumptions will be modified as necessary for specific analyses. 1. Brazos Basin Water Availability Model (Brazos WAM) Run 3 with the Brazos River Authority's (BRA's) System Operations Model included, as originally applied for, using the "Gulf Diversion" scenario. Basin -wide year 2060 return flows as originally submitted with the BRA System Operations application will be included. 2. Hydrologic period of record of 1940 — 1997. The Brazos WAM does not contain the recent drought experienced since 1997. Operations of Lake Alan Henry for some analyses will be extended through year 2006 using a model developed outside the Brazos WAM. 3. No subordination of BRA rights to Lubbock water supplies. 4. Developed water (playa lake and return flows) are available only to City water supplies and are not subject to call by downstream rights. Projected City return flows will total 25,663 acre-feet per year. 5. As -permitted reservoir capacities and storage -area relationships. 6. Safe yields will be determined. Safe yield is defined as the annual quantity of water that could be withdrawn from the reservoir during the historical drought of record such that approximately one year of supply remains in storage during the critical month of the drought. 7. Instream flow requirements will be based on the Lyons Method for all yield analyses. These will be compared to the Consensus Criteria for Environmental Flow Needs (CCEFN) under Task 2.f. HDR Engineering, Inc. 3 of 8 November 3, 2008 Exhibit A a. Developed water supplies. HDR will document the return flow assumptions (developed water -based) utilized in the previous analyses. HDR will document how the developed playa lake water discharges were estimated, and will prepare graphical and statistical summaries of the data. The City will provide to HDR a report prepared by Parkhill, Smith and Cooper which describes the stormwater and playa lake modeling from which the playa lake discharges were estimated. HDR will show the different volumes of developed water available at several locations along the North Fork, considering channel delivery losses. b. Stand-alone yield of Lake No. 7. HDR will compute safe yield estimates for Lake No. 7 using the assumptions listed above. Alternative safe yield estimates for Lake No. 7 will be reported assuming the following alternative sources of water available: 1. Unappropriated State water only; 2. Unappropriated State water plus approximately 8,962 acre-feet per year of return flows discharged upstream of Lake No. 7, with the remainder 16,702 acre-feet discharged downstream of Lake Ransom Canyon; 3. Unappropriated State water plus all of the City's projected wastewater effluent discharged upstream of Lake No. 7 (25,664 acre-feet per year); 4. Item 2 plus developed playa lake water; 5. Item 3 plus developed playa take water. c. Stand-alone yield of Post Reservoir. HDR will compute safe yield estimates for Post Reservoir using the assumptions listed above. Alternative safe yield estimates for Post Reservoir will be reported assuming the following alternative operating scenarios and sources of water available: 1. As permitted, assuming that the full authorized storage is available. 2. As permitted, assuming that the sediment storage reserved by the TCEQ is not available. 3. Item 1, assuming 25,664 acre-feet per year of effluent and all developed playa lake flows are available. 4. item 2, assuming 25,664 acre-feet per year of effluent and all developed playa lake flows are available. 5. Item 3, assuming that the first 5 cubic feet per second of State water inflows do not have to be passed to downstream senior rights. 6. Item 3, assuming that the first 50 cubic feet per second of State water inflows do not have to be passed downstream to senior rights. HDR Engineering, Inc. 4 of 8 November 3, 2008 Exhibit A d. Combined operations of Lake No. 7 and Post Reservoir. HDR will compute the safe yields of Lake No. 7 and Post Reservoir with the reservoirs operated conjunctively under the following assumptions: 8,962 acre-feet per year of effluent discharged upstream of Lake No. 7 and 16,702 acre-feet per year of effluent discharged downstream of Lake Ransom Canyon, Post Reservoir subordinated to Lake No. 7, The first 50 cfs of State water inflows into Post Reservoir do not have to be passed to downstream senior rights. Two alternative yield scenarios will be developed using the above assumptions: Post Reservoir operated with full authorized storage available. Post Reservoir operated with the sediment storage reserved by TCEQ not available. e. Lake Alan Henry yield. HDR will compute several alternative yield estimates for Lake Alan Henry. For these analyses, Post Reservoir will be operated as it is depicted in the standard TCEQ Brazos WAM, Lake No. 7 will not be included. 1. Stand-alone safe yield using the Brazos WAM through 1997, using the naturalized flows included in the original TCEQ Brazos WAM. 2. Stand-alone safe yield using the Brazos WAM through 1997, using an updated naturalized flow methodology that more correctly reflects hydrologic conditions in the Lake Alan Henry watershed. 3. Safe yield with scenario 2, with scalping of high flows from the North Fork into Lake Alan Henry, including developed stormwater discharges and effluent. Alternative sizes for the scalping project will be investigated, including 36-inch, 54-inch, 72-inch, 84-inch, 96-inch and 120-inch diameter pipelines bringing water to Lake Alan Henry. 4. Safe yield with scenario 2, with diversion of only effluent from the North Fork (25,664 acre-feet per year discharged below Lake Ransom Canyon). 5. Stand-alone safe yield using a separate Lake Alan Henry model, with naturalized flows updated through 2006. The change in the stand-alone safe yield between scenarios 2 and 5 will reflect the recent drought, which may be a new drought of record. This change in yield will be applied to scenarios 3 and 4 to estimate the safe yield of Lake Alan Henry with scalping under an updated drought. HDR Engineering, Inc. 5 of 8 November 3, 2008 Exhibit A f. Estimated impact of environmental flows. Requirements to pass reservoir inflows to meet instream flows deemed necessary to support a healthy stream ecosystem have been in transition the past several years. In the past, these requirements focused solely on minimum instream flows to support aquatic species. The TCEQ has historically utilized the Lyons Method to establish these minimum instream flow requirements. The TWDB utilizes the CCEFN for water planning purposes. Recently, attention has been given to pulsed flows of larger magnitudes to mimic the natural channel clearing properties of period flood events. Natural flood events are often attenuated by reservoir operations. HDR will demonstrate the effects on project yields if the following instream flow requirements were instituted for Lake No. 7 and Post Reservoir. l . Lyons Method low -flow requirements only. 2. CCEFN low -flow requirements only. 3. Lyons Method plus a periodic release of simulated 2-year recurrence interval flood events. The 2-year event will be released when the cumulative time period since a 2-year event has exceeded 4 years. As the WAM utilizes a monthly time step, these determinations will be made outside the WAM and used during a WAM simulation to make the required releases of monthly volumes consistent with the flood events considered. The impact on the stand-alone safe yields of Lake No. 7 and Post Reservoir will be determined. Releases from Post Reservoir for the pulsed flows will come from both the normal conservation pool and the sediment volume reserved by TCEQ. g. Prepare final report. HDR will prepare draft and final reports summarizing the above analyses. HDR will prepare 5 hard copies of the draft report and an electronic version on compact disk for review by the City_ 1 DR will address any review comments offered by the City and will prepare 10 hard copies of the final report and an electronic version on compact disk. h. Prepare and present summary to LWAC. HDR will prepare a presentation and present the results of the analyses to the Lubbock Water Advisory Committee at a regularly scheduled meeting. i. Prepare and present summary to Lubbock City Council. HDR will assist City staff in preparing a summary presentation to council. If requested by the City, HDR will present the results at either a council work session or a regularly scheduled council meeting, at the discretion of the City. HDR Engineering, Inc. 6 of 8 November 3, 2008 Exhibit A Task 3. Finish BRA negotiations and continue water rights permitting assistance. a. Finalize BRA negotiations. HDR will continue to assist the City in negotiating one or more agreements with the Brazos River Authority and in finalizing a document outlining principles for an accounting plan to be utilized following successful completion of the developed water application (Lake No. 7) currently before the TCEQ. b. Continue water right permit assistance (developed water permit(s)). HDR will continue to assist the City as needed with water rights permitting activities, including the pending developed water permit (Lake No. 7), amendment of the Post Reservoir water right, and indirect reuse (bed and banks) permits. This assistance will include, but not be limited to, the following: 1. Preparation of technical analyses in response to Requests for Information (RFIs) from the TCEQ; 2. Meetings with TCEQ staff; 3. Preparation of documents and exhibits to support water right permit applications; 4. Negotiation of agreements with parties protesting the City's water right applications, and 5. Coordination with City staff and legal counsel. Preparation of an accounting plan includes development of multiple spreadsheet tools and other documents required by the TCEQ, and continued coordination and interaction with the agency's staff. As an accounting plan represents a large level of effort, preparation of an accounting plan for the developed water permit (Lake No. 7) or another water rights application is outside the scope of this agreement and will be covered under a separate agreement. Payment for Services All tasks will be performed on a time and materials (per diem) basis for a maximum not to exceed fee of $219,400. Fees will be based on direct salary (hourly basis) times a multiplier of 3.44, plus reimbursable expenses. Reimbursable expenses include maps, photographs, photocopies, telephone charges, printing, travel, and other expenses directly related to the work described in this scope of work. Fees will not exceed this total without the prior written approval of the City. The following table presents estimated fees for each task identified in this scope of work. HDR Engineering, Inc. 7 of 8 November 3, 2008 Exhibit A Estimated Fee by Task Task Description 7 Estimated Fee Task 1. Amendments to 2006 Region O Plan La Add Post Reservoir as a Region O Water Management Strategy $28,600 Lb Delete Lake No. 8 from Region 0 Plan $2,200 Lc Clean up Lake Alan henry Pipeline analysis $8,700 Ld Two-way Pipeline to White River $19,000 Le other items $0 Lf Present materials and coordinate with Region 4 and TWDB $12,000 Total Task 1 $70,500 Task 2. Compile and Summarize North Fork and South Fork Yield Studies 2.a Document developed water supplies $7,200 2.b Update safe yield of Lake No. 7 $4,500 2.c Stand-alone yield of Post Reservoir $4,500 2A Combined operation of Lake No. 7 and Post $4,500 2.e Lake Alan HenryYield $8,200 21 Estimated impact of environmental flows $17,600 ? g Final report $30,300 2.h Prepare and Present sununary to LWAC $8,600 2.i Prepare and Present sunu-nary to City Council $4,400 Total Task 2 $89,800 Task 3. BRA Negotiations and Continued Water Rights PermittingAssistance 3.a Finish BRA negotiations for contract and accounting plan $9,100 3.b Continued water rights permitting assistance $50,000 Total Task 3 $59,100 Total Estimated Fee $219,400 Schedule HDR will complete Tasks I.a, Lb and l.c within 30 days of receiving notice to proceed from the City. HDR will complete Task Ld within 90 days of receiving notice to proceed from the City. HDR will provide the draft report from Task 2 within 120 days of receiving notice to proceed from the City. Tasks Lf and 3 will be ongoing and will depend upon the schedules of regulatory agencies and other entities. HDR Engineering, Inc. 8 of 8 November 3, 2008