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HomeMy WebLinkAboutResolution - 2009-R0137 - Agreement - Alan Plummer Associates Inc.- Professional Services, Water Reuse - 04_09_2009Resolution No. 2009-RO137 April 9, 2009 Item No. 5.40 RESOLUTION 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 Professional Services Agreement between the City of Lubbock and Alan Plummer Associates, Inc. to provide certain professional evaluation, engineering, and design services in connection with the Canyon Lakes Water Reuse Project, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9th day of April. 2009. ,/ , �� TOM MARTIN, MAYOR TTEST: Garza, City S VED AS TO CONTENT: om Adams, Deputy City Manager Resolution No. 2009-RO137 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 9th day of April , 2009 by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Alan Plummer Associates, Inc. (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in evaluation and study of water quality and the engineering and design of stream and other water course discharges of treated effluent 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 Services 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 1 of 76 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 as provided in Attachment A, attached hereto. This amount shall be invoiced to the City monthly as work is performed. 2.02 This Agreement shall expire on August 31, 2013. Additionally, the City may terminate this Agreement 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 as provided in Attachment C, "Required EPA Grant Provisions". 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 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 Page 2 of 76 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 4.01 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. 4.02 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. 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 Page 3 of 76 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. 5.02 Engineer shall obtain and maintain in full 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: $500,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence 5.03 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 Page 4 of 76 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. 5.04 Engineer shall obtain and maintain in full 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, Workers' Compensation and Employers' Liability Insurance coverage pursuant to Chapter 406 of the Texas Labor Code and shall comply with all provisions of Title 5 of the Texas Labor Code. The Engineer and each approved subcontractor or subconsultant of Engineer may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation and Employers' Liability Insurance. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. Minimum policy limits for Employer's Liability Insurance or Occupational Accident and Disability Insurance shall be $500,000 bodily injury each accident, $500,000 bodily injury by disease policy limit, and $500,000 bodily injury by disease each employee. 5.05 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. Page 5 of 76 5.06 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 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 the performance, operations or omissions under this Agreement to the extent of Engineer's negligence of any kind or type. The indemnity provided herein shall survive the expiration or termination of this Agreement. ARTICLE VI EPA Grant Provisions 6.01 The City has obtained, or contemplates obtaining, grant funds from the Environmental Protection Agency ("EPA") to fund all or a portion of the Services. As a condition to the grant of such funds, the EPA requires certain provisions to be incorporated within this Agreement. The provisions of Attachment C, "Required EPA Grant Provisions", are hereby incorporated into this Agreement the same as if fully copied herein. In the event of a conflict between the terms of this Agreement and the terms of Attachment C, the terms of Attachment C shall control and prevail. ARTICLE VII Miscellaneous 7.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the Page 6 of 76 performance of the Services contemplated herein at the time services are performed. 7.02 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 parry 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 w/ copy to: Aubrey Spear, P.E. P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3344 For Engineer: Alan Plummer Associates, Inc. 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 Facsimile: (817) 806-1700 Page 7 of 76 7.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT 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. 7.04 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. 7.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 7.06 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 Page 8 of 76 of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 7.07 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. The City will assume sole liability for any reuse or modification of the Engineer's work product. The Engineer may make copies of any and all work products for its files. 7.08 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. 7.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. 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 and Engineer each bind itself or himself, Page 9 of 76 their legal representatives and permitted assigns in respect to all provisions of this Agreement. 7.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 7.11 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. Page 10 of 76 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED —AS TO CONTENT: APPROVED As TO CONTENT: LibMI'7 Adams, Deputy City Manager Aubrey Spea , Wa r Utility Director APPROVED AS T FORM: (ffi ZbK L4 — Mitchell Satterwhite, Assistant City Attorney Engineer: ,. Name: g r / , J Page 11 of 76 Attachment A Resolution No. 2009-RO137 CITY OF LUBBOCK CANYON LAKES WATER REUSE PROJECT SCOPE OF WORK, BUDGET, AND SCHEDULE BACKGROUND The City of Lubbock has embarked on a comprehensive program to identify and develop its long term water supplies, acknowledging that the Texas High Plains have limited water resources. The City has identified potential opportunities to maximize supplies from existing sources by storing reclaimed water and other developed water as the City transitions away from the disposal of effluent at the land application sites. Several scenarios have been identified to optimize storage in existing and planned reservoirs. As the City moves forward to optimize the storage and use of reclaimed water, it is critical that three issues be addressed in a satisfactory manner: • Meet quality objectives for a municipal water supply. • Meet environmental objectives for water bodies affected by the transport and storage of reclaimed water. • Meet water supply needs in a cost-effective manner. The Canyon Lakes Water Reuse Project will address each of these issues. This document presents the Scope of Work (Scope) for the Canyon Lakes Water Reuse Project (Project). This Scope is an attachment to the Agreement for the Project between the City of Lubbock (City) and Alan Plummer Associates, Inc. (Engineer). The Scope includes the following components: • Basic Services • Additional Services • Engineer's Compensation • Schedule Basic Services The Basic Services portion of the scope consists of the following three phases: • Phase 1: Preliminary Engineering and Conceptual Design • Phase 2: Engineering Design and Bid Phase Services • Phase 3: Construction and Post -Construction Phase Services Page 12 of 76 Attachment A Phase 1: Preliminary Engineering and Conceptual Desi_n Task 1.1. Project Definition The objective of this task is to confirm with the City the range of alternatives to be evaluated. Both the locations and volumes of proposed discharges will be addressed. • Location. At a minimum, the following discharge locations will be evaluated: — Downstream of Lake Ransom Canyon at Farm -to- Market Road (FM) 400 (the existing discharge location): Discharges to the North Fork Double Mountain Fork of the Brazos River will be evaluated to determine volumes that could be captured in the proposed Post Reservoir. — Downstream of Canyon Lake 46 adjacent to the Southeast Water Reclamation Plant (SEWRP): Discharges at this location will be evaluated to determine volumes that could be captured in proposed Canyon Lake #7, captured in the proposed Post Reservoir, or diverted to Lake Alan Henry. — A South Fork tributary to Lake Alan Henry: Discharges at this location will be evaluated to determine volumes that could be captured in Lake Alan Henry, increasing reservoir yield. This discharge could be transported part of the way using the existing pipelines to the Hancock Land Application Site, or a dedicated pipeline from the SEWRP to the discharge location will be considered. -- One or more locations on the upper lakes of the Jim Bertram Lake System (Canyon Lake System): Discharges at these locations could meet either (or both) of the following objectives: o Sustain water levels in the Jim Bertram Lake System when the discharge of groundwater associated with the Lubbock Land Application Site is terminated. Consideration also needs to be given to the feasibility of maintaining flow in the transmission line that currently carries groundwater to Canyon Lake 41 because there are some direct service taps that supply irrigation water to various users. o Provide a further opportunity for natural processes to improve the quality of reclaimed water before it is captured in Canyon Lake #7. Page 13 of 76 Attachment A • Discharge Volumes. The range of discharge volumes to be evaluated at each location will be identified. Product: Technical Memorandum, Project Definition, describing the alternatives that will be evaluated in subsequent phases of the Project. Task 1.2. Assemble and Review Available Water Quality and Quantity Models Members of the project team currently have quality and quantity models of most of the water bodies of interest. These models, and other pertinent models, will be assembled and reviewed with respect to the objectives of this Project. • Water Quality Models. The water quality models to be compiled include the following: — Canyon Lake #1 through Canyon Lake #6: A preliminary QUAL -TX model for the Jim Bertram Lake System from Canyon Lake #1 headwaters to the dam of Canyon Lake #6 was developed by Black & Veatch (B&V) in 2007. This model will be refined and finalized for this Project unless it is subsequently determined that another model platform is more useful for the evaluations needed for this Project. — North Fork below Canyon Lake #6 and Buffalo Springs Lake: A QUAL - TX model was developed by B&V in 2007 for assessing impacts of a discharge from SEWRP upon the reach of the North Fork below Canyon Lake #6 through Buffalo Springs Lake. In addition, a QUAL -2K model was developed for assessing impacts of nutrients in a discharge from SEWRP upon the reach of the North Fork below Canyon Lake #6 through Buffalo Springs Lake. Both of these models have been approved and accepted by TCEQ. When evaluating water quality conditions in the proposed Canyon Lake #7, which will be located in this reach, it will be necessary to use a different model. A preliminary QUAL -TX model has been developed for Canyon Lake #7 by B&V. This model will be evaluated to determine if it should be refined and finalized for this Project, or if another model should be used. — North Fork below Lake Ransom Canyon: The TCEQ has developed a QUAL -TX model for the reach of the North Fork from FM 400 downstream of Lake Ransom Canyon to River Mile 46 at the US Highway 380 crossing east of Post, Texas. — Tributary to Lake Alan Henry: There is not an existing water quality model of the tributary to Lake Alan Henry or of Lake Alan Henry. An appropriate model will be selected for relevant hydrologic components. Page 14 of 76 Attachment A This scope of work does not provide for developing water quality models for Lake Ransom Canyon or Post Reservoir. Mass balance calculations will be performed to determine the potential effect of a discharge below Lake Ransom Canyon on concentrations of total dissolved solids (TDS) in Post Reservoir. Water Quantity Models. The existing water supply models recently completed by HDR will be updated and refined in order to determine the water supply effects of various reuse discharge scenarios. Specific assumptions applicable to each analysis will be discussed and confirmed with City staff prior to commencing with the yield analyses. These models consider channel losses through extension of data already existing in the Brazos Water Availability Model. In addition, the results for storm water modeling performed by Parkhill Smith and Cooper will be compiled. Product. Technical Memorandum, Water Quantity and Water Quality Modeling Approaches, providing a description of the water quality and quantity models that will be adopted for use in the Project and key modeling assumptions, based on the results of the work completed in Task 1.2. Task 1.3. Hydraulic Madeline Increased discharges of effluent into the North Fork and South Fork Double Mountain Fork of the Brazos River (South Fork) will effectively increase base flows and will result in relatively minor increases in water levels. These increases will have virtually no effect on flood levels during medium or large storm events, but they will noticeably increase water levels during base -flow or dry conditions. Hydraulic modeling of the potential effects of discharges on the Jim Bertram Lake System will use the existing HEC-RAS model for that reach. In addition, landowners adjacent to both streams routinely use simple stream fords or low-water crossings constructed from small culverts to cross the North and South Forks. Increases in base -flow water levels may impact the ability to routinely cross the streams during dry conditions as adjacent landowners have become accustomed. This task will assess the potential for increased effluent discharges to impact low-water crossings of the North and South Fork. For the South Fork and the North Fork (other than the Jim Bertram Lake System), a set of site -specific hydraulic analyses will be completed at multiple low-water crossings along the North Fork and South Fork (including the tributary upstream of Lake Alan Henry). These analyses will be done under base -flow conditions, with projected reclaimed water discharges added to the natural base flows. A cursory inspection of aerial photographs has identified approximately 32 crossings along the North Fork and approximately 26 crossings along the South Fork. Due to the sheer number of crossings, and because access to each crossing will not be available, Page 15 of 76 Attachment A sixteen of these sites will be selected for a complete analysis. The results from those sites will be used to infer results for the other crossings throughout the two reaches. The data compiled for the hydraulic analyses of the selected crossings will include cross - sections of the water course. The cross-section data obtained for the tributary above Lake Alan Henry will also be used in the development of the water quality model for that reach. Subtasks for this component of the Project are as follows: 1.3.1. Obtain Data and Information. The existing HEC-RAS model of the North Fork, which was used to develop the Lubbock Flood Insurance Study, will be obtained; and a HEC-RAS model for the South Fork will also be obtained, if one is available. Base flow will be estimated as the seven-day, two-year low flow (7Q2) at various locations along the North and South Forks. Geometric information will be obtained at a representative sample of 16 stream crossings. Care will be taken to select representative samples of both culvert -type low-water crossings and simple stream fords. 1.3.2. Estimate Hydraulic Effects. Two types of hydraulic studies will be performed: 1.3.2.1. Stream Crossings Hydraulics: The hydraulic characteristics of each selected stream crossing will be determined at the base flow (7Q2) discharge condition and at up to three additional conditions representative of expected reclaimed water discharges as defined in Task 1.1. 1.3.2.2. Jim Bertram Lake System Hydraulics: Using the existing HEC-RAS model encompassing the Jim Bertram Lake System, water -surface elevations will be computed to ascertain the impact on water surface elevations in the lake pools and water levels immediately downstream of the dams. 1.3.3. Identification of Hydraulic Concerns: From these hydraulic analyses, the effects of the increased discharges of reclaimed water will be evaluated from the perspective of continued ability to cross the streams at low-water crossings, as well as the use and function of the land adjacent to the Jim Bertram Lake System. Critical issues will be identified, and recommended approaches for addressing those issues will be proffered. Product: Technical Memorandum, Hydraulic Effects Evaluations, describing the results of the hydraulic modeling analyses and evaluations performed in Task 1.3 Task 1.4. Water Quality Modeling Water quality models will be used to determine the extent to which, and flow conditions pursuant to which, the following objectives are met. • Maintain the quality of the water supply. Page 16 of 76 Attachment A • Maintain compliance with surface water quality standards. • Support existing uses of the associated water bodies. The water quality standards applicable to each affected water body will be summarized. Substances to be modeled may include conservative substances (TDS, chloride, sulfate, metals, etc.), oxygen -demanding substances (BOD5 and ammonia), Total Organic Carbon, and/or nutrients and chlorophyll. For some parameters and water bodies, such as ammonia or metals in a stream, a low -flow condition is the most appropriate flow regime to model. For other parameters and water bodies, such as TDS in reservoirs, the average condition, based on the retention time of the water body, is most relevant. Following are descriptions of the subtasks associated with this component of the Project. 1.4.1 Identify available data and additional data needed. The available data that can be used to construct, refine, and calibrate the models will be identified. For some models, additional data may be needed. The types of data that may be needed include dye studies to determine hydraulic travel times, measurements of geometric characteristics (width, depth, cross - sectional area), flow velocities, and/or water quality data to calibrate the quality components of the models. The hydraulic data developed in Task 1.3 will be used when developing flow data for models, as appropriate. Decisions on the types of data to be collected and locations for data collection will be based on the sensitivity of Project decisions to uncertainties in the applicable models. It is anticipated that existing data and studies can be used to characterize the quality of the reclaimed water and storm water. If additional data are required on reclaimed water quality, other than additional data on Emerging Contaminants of Concern (ECCs) (which are provided for in Task 1.5.7), it is assumed these data will be provided by the City or collected as part of Additional Services. If additional data on storm water quality are required, obtaining these data will be performed as Additional Services. 1.4.2. Prepare `Y'ater Quality Modeling Field Study Design. A Field Study Design will be prepared that describes the water quality modeling field studies to be performed and the protocols that will be followed in order to develop reliable data. A separate Quality Assurance Project Plan (QAPP) will not be prepared and submitted to EPA for review. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.4.3. Conduct Water Quality Modeling Field Studies. Field studies will be conducted in accordance with the Field Study Design memorandum. 1.4.4. Prepare Memorandum on Water Quality Modeling Field Studies. A Technical Memorandum will be prepared presenting the results of the Page 17 of 76 Attachment A study. The report will document times, dates, and locations of data collection and measurements; field conditions during sampling and field measurements; the data obtained; and conformance to the quality assurance and quality control protocols. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.4.5. Apply models. The models developed in this task will be applied to evaluate the effects of the various alternatives on in -stream water quality conditions. These projections of in -stream conditions will provide information on the resultant quality of the water supply and suitability of receiving water bodies for their current and intended uses. The models will also be used to evaluate the relative effects of changes in discharge volumes or locations. The modeling results will be used to assist in refining the alternatives that will be fully evaluated. The types of water quality conditions that will be evaluated include, but are not limited to, the following: • The effects of transfers of reclaimed water on water quality in Lake Alan Henry. • The projected water quality of Canyon Lake #7, Buffalo Springs Lake, and Lake Ransom Canyon. • For the alternative where reclaimed water is captured in Canyon Lake #7, the beneficial effects on the quality of Canyon Lake #7 associated with discharging part or all of the reclaimed water to the upper Jim Bertram Lake System. • The effects of discharging below Lake Ransom Canyon on TDS concentrations in Post Reservoir. The effects of diverted storm water on the quality of Canyon Lake #7, Buffalo Springs Lake, and Lake Ransom Canyon. 1.4.6 Prepare Technical Memorandum on Results of Water Quality Modeling. A Technical Memorandum with be prepared that presents the results of Subtask 1.4.5. Products: There are three products of this task: • Water Quality Modeling Field Study Design, internal memorandum. • Water Quality Modeling Field Studies Results, internal memorandum. • Technical Memorandum: Water Quality Modeling Results, presenting the results of the water quality modeling for individual stream segments and reservoirs, as performed in Subtask 1.4.5. Page 18 of 76 Attachment A Task 1.5. Alternatives Analysis An in-depth analysis will be conducted on up to six alternatives. The alternatives that will be evaluated will be formulated when the results of the water quality modeling task are available. The alternatives will be defined in consultation with the City. The Senior Review Team will participate in the formulation of the alternatives and the identification of key factors to be evaluated with respect to each alternative. At a minimum, each alternative will be evaluated with respect to its limitations, impacts, and benefits in terms of the hydraulic capacity of the receiving water body, yield, water quality, and other environmental features. Each alternative will include cost implications and will present varying degrees of physical or political feasibility. The product of the evaluation will be a recommended approach for providing additional water supply to meet the long-term needs of the City. The subtasks associated with developing and assessing alternative strategies is set forth below. 1.5.1. Identify Alternatives. The results of the water quality modeling task will be used to identify discharge volumes and locations for the six alternatives. If appropriate, additional water quality improvement measures, such as constructed wetlands or additional treatment facilities, will be identified. During the formulation of alternatives for presentation to the City, input will be obtained from the Senior Review Team on the delineation of alternatives and key factors to be evaluated for each. A draft of the alternatives proposed to be evaluated will be presented to the City for review. Based on the comments received from the City, the alternatives to be evaluated will be documented. 1.5.2. Identify the Sizes and Locations of the Existing and Proposed Required Infrastructure. As appropriate, the types of infrastructure identified will include transportation facilities, storage facilities, outfalls, and pump stations. The extent to which existing infrastructure can be used in the implementation of specific alternatives will be determined. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.3. Determine the Increase in Water Supply Yield. It is assumed that the six alternatives evaluated will include alternatives related to Lake Alan Henry, Canyon Lake 47, and Post Reservoir. The yield analyses for these water bodies will be based on the assumptions set forth below. The results of this subtask will be documented in an internal memorandum for use by the engineering team. a Canyon Lake 47 - Estimated playa lake discharges will be included. Page 19 of 76 Attachment A - Availability of State Water is not subject to priority calls from the Post Reservoir water right, i.e., assume that Post Reservoir is subordinated to Canyon Lake #7. - Availability of State Water is subject to priority calls from downstream senior rights, including the Brazos River Authority, but not the Post Reservoir right. - Diversions under existing authorizations (CA 12-3705 and Permit No. 3985) will not be available to support the yield of Canyon Lake #7. In coordination with City, the quantities of reuse water that will be diverted from Jim Bertram Lake System, diverted under CA 12-3705 (downstream of Canyon Lake #6), and diverted under Permit 3985 (downstream of Lake Ransom Canyon) will be estimated. These discharges will not be available to support the yields of Canyon Lake #7 or Post Reservoir. - Environmental in -stream flow requirements will be based on the Consensus Criteria for Environmental Flows, which is currently utilized by the State for regional water planning. • Post Reservoir Yield: The yield of Post Reservoir (as subordinated to Canyon Lake #7) will be evaluated under the following assumptions: - Estimated playa lake discharges will be included. - Canyon Lake #7 operations, as identified above, are in effect. - Environmental in -stream flow requirements will be based on the Consensus Criteria for Environmental Flows, which are currently utilized by the State for regional water planning. - Special Condition No. 6A of Certificate of Adjudication 12-3711 will limit access by the City to the full storage authorized for Post Reservoir, i.e., the sediment storage portion of the storage capacity will not be available to the City. 1.5.4. Identify Effects on Downstream Flows, Downstream flows below Canyon Lake #7 and below Post Reservoir will be determined for each applicable alternative. Flow frequencies will be computed, and standard statistical summary tables will be developed that present quartile and other flow statistics. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.5. Summarize Previous Analysis of North Fork Scalping into Lake Alan Henry. Previous work concerning the effects of scalping of North Fork flows on the yield of Lake Alan Henry will be summarized. These results will be used to evaluate the water quality impacts of scalping into Lake Page 20 of 76 Attachment A Alan Henry. No additional hydrology work will be performed for this task. The summary will be included in the Preliminary Engineering Report (PER) and the Environmental Information Document (EID). 1.5.6. Develop Planning Level Cost Estimates. Both the total cost and the cost per acre-foot per year of increased water supply will be determined. The cost estimations will be based on the costing standards developed for the regional water planning process and adopted by the Texas Water Development Board. Estimated costs will include costs for land and mineral acquisition, permitting fees, and legal and administrative fees, as well as construction costs. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.7. Evaluate the Suitability for Municipal Supply. Factors that may be evaluated include the concentrations of TDS, nitrate, algae, trihalomethanes, and Total Organic Carbon in the water. Evaluations will also be conducted related to ECC s. Data will be collected on key parameters representative of the estrogens, antibiotics, and personal care products potentially considered to be ECC s, such as ibuprofen, caffeine, and amoxicillin. Samples will be collected of the reclaimed water, waters in the Jim Bertram Lake System, and Lake Alan Henry. In addition, the potential effectiveness of the proposed treatment units for the removal of ECCs will be discussed. Steps in this subtask include the following. 1.5.7.1. Evaluate Conventional Parameters. Using the previously completed water quality modeling results, supplemented as necessary by additional modeling, the effects of the six alternatives on water bodies used for municipal supply will be evaluated for conventional parameters. The results of this step will be documented in an internal memorandum for use by the engineering team. 1.5.7.2. Prepare ECC Field Study Design. A Field Study Design will be prepared that describes the ECC field studies to be performed and the protocols that will be followed in order to develop reliable data. 1.5.7.3. Conduct ECC Field Studies. Field studies will be conducted in accordance with the Field Study Design. 1.5.7.4. Prepare Technical Memorandum on ECC Field Studies. A Technical Memorandum will be prepared presenting the results of the field studies. The report will document times, dates, and locations of data collection and measurements; the data obtained; and conformance to the quality assurance and quality control protocols. Page 21 of 76 Attachment A 1.5.7.5. Prepare Technical Memorandum on Removal of ECCs by Treatment. A Technical Memorandum will be prepared that identifies the potential effectiveness of SEWRP treatment processes with respect to the removal of ECCs that may potentially be present. 1.5.$. Evaluate Potential Adverse and Beneficial Impacts on the Environment Associated with Changes in Quality and Quantity. The potential impacts and benefits of each alternative on public health, wildlife, aquatic life, threatened and endangered species, and wetlands resources will be evaluated. The potential for concerns with respect to golden algae blooms will also be addressed. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.9. Evaluate Compliance with Water Quality Standards. The ability of the water bodies associated with each alternative to continue to comply with water quality standards will be evaluated. This assessment will be done using the previously completed water quality modeling results, supplemented as necessary by additional modeling. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.1.0. Evaluate Potential Adverse and Beneficial Impacts on Historical and Archeological Resources, Recreation, and Road Crossings. Potential effects on historical and archeological resources, as well as recreation, will be evaluated. In addition, the results of Task 1.3 regarding potential effects on low-water crossings and fords will be summarized for the alternatives being evaluated in this subtask The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.11. Identify Permitting Requirements. The potential permitting requirements for the alternatives being evaluated in this task will be identified. Permitting requirements may include, but not be limited to, 404 permits, bed and banks and other TCEQ water rights permits, Texas Pollutant Discharge Elimination System (TPDES) permits, and Sand, Gravel, and Marl permits. The results of this subtask will be documented in an internal memorandum for use by the engineering team. 1.5.12. Prepare Matrix and Supporting Documentation. The results of the above evaluations will be summarized in a matrix to facilitate comparison. In addition, a summary document will be prepared that will provide additional information to support the matrix. The Senior Review Team will review and comment on the matrix and supporting document. The matrix and supporting document will be revised as appropriate and submitted to the City. 1.5.13. Select Alternatives Recommended for Implementation. The Engineer will meet with the City to review and discuss the matrix. One or more of the Page 22 of 76 Attachment A alternatives will be selected as being economically, politically, and environmentally feasible. The selected alternatives will be prioritized according to criteria approved by the City. The alternatives selected for implementation and the priority of the alternatives will be documented in a meeting memorandum. 1.5.14, Develop an Implementation Plan. A draft implementation plan, including a prioritization of activities, will be prepared. Potential funding sources will be identified. The draft implementation plan will be provided to the City for review. Based on comments received, the implementation plan will be appropriately revised. Products: There are seventeen products of this task: • Technical Memorandum: Identification of Alternatives to be Evaluated. • Sizes and Location of Existing and Proposed Required Infrastructure, Internal Memorandum. • Increased Water Supply Yield for Each Alternative, Internal Memorandum. • Effects on Downstream Flows, Internal Memorandum. • Effects of North Fork Scalping into Lake Alan Henry, Chapters for PER and EID. • Cost Estimates, Internal Memorandum. • Effects on Municipal Supplies of Conventional Parameters, Internal Memorandum. • ECC Field Study Design, Internal Memorandum. • Technical Memorandum: Results of the ECC Field Studies. • Technical Memorandum: Effectiveness of Wastewater Treatment Processes to Remove ECCs. • Potential Adverse and Beneficial Impacts on the Environment, Internal Memorandum. • Compliance with Water Quality Standards, Internal Memorandum. • Potential Adverse and Beneficial Impacts on Cultural Resources, Recreation, and Road Crossings, Internal Memorandum. • Permitting Requirements, Internal Memorandum. • Alternative Evaluation Matrix and Supporting Document. Page 23 of 76 Attachment A • Alternatives Selected for Implementation, Meeting Memorandum. • Implementation Plan. The results of the subtasks documented in internal memoranda will be included, to the extent appropriate, in the PER and EID. Task 1.6. Prepare Preliminary Engineering Report The results of the previous tasks, including the evaluations, recommendations, and cost estimates, will be summarized in a PER. The subtasks associated with this component of the Project are as follows: 1.6.1. Prepare Draft PER. A Draft PER will be prepared that provides the information required for the EID, including the following: • Purpose and need for Project, emphasizing existing public health and environmental problems. • Description of proposed Project, costs, and potential funding sources. • Description of the existing environment and facilities in the Project area. • Description of each alternative and results of alternatives analysis, including the evaluation of potential environmental impacts. • Description of anticipated environmental impacts of the selected alternatives and measures proposed to mitigate the adverse impacts. • Description of cumulative effects of this Project in conjunction with surrounding activities. 1.6.2. Obtain Comments. Ten copies of a Draft PER will be provided to the City for review. Comments will be obtained from the City. 1.6.3. Prepare Final PER. Upon receipt of comments from the City, the Draft PER will be revised, as appropriate; and a Final PER will be prepared and submitted to the City. Twenty-five copies of the Final PER will be provided Products: Draft and Final versions of the PER. Task 1.7. Prepare Environmental Information Document An EID will be prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) for Special Appropriations Projects. It will present the Page 24 of 76 Attachment A findings of the PER. The subtasks associated with this component of the Project are as follows. 1.7.1. Prepare Draft EID. A Draft EID will be prepared. 1.7.2. Obtain Comments.. Ten copies of the Draft EID will be submitted to the City for review. Comments will be obtained from the City. 1.7.3. Prepare Draft Final EID. Upon receipt of comments from the City, the Draft EID will be revised, as appropriate; and a Draft Final EID will be prepared. Twenty copies of the Draft Final EID will be submitted to the City for their use and for submittal to EPA for review and approval. 1.7.4. Respond to EPA Comments. The Engineer will be available to respond to questions from EPA during their review of the EID. 1.7.5. Prepare Final EID. After revision of the EID in response to EPA comments, twenty-five copies of the Final EID will be provided to the City. Products: Draft, Draft Final, and Final EIDs. Task 1.8. Coordinate EPA Grant Application The Engineer will assist the City with the EPA grant reporting process. The Engineer will assist the City with the following elements: • Coordinate with the City for preparation of supplemental materials and amendment of the Project Work Plan previously submitted to the EPA, if needed. • Prepare quarterly progress reports that the City may submit to the EPA regarding Project status and activities. • Prepare payment request forms documenting the completion of Project work and requesting the payment of grant funds. • Prepare necessary EPA forms quarterly or as necessary during the term of the Project regarding MBE/WBE forms to document the procurement of services from qualifying businesses. • Prepare final grant closeout documentations and reports that the City may submit to EPA regarding completion of the Project. Products: Products of this task include the following: • Revised Project Work Plan (if required). • Quarterly Reports. Page 25 of 76 Attachment A • Payment Requests. • Grant Closeout Documentation. Task 1.9. Coordinate with Regulatory Agencies The Project will be coordinated with the appropriate regulatory agencies. This will include formal and documented coordination with the Texas Historical Commission, Texas Antiquities Committee, Texas Parks and Wildlife Department, U.S. Fish and Wildlife Service, TCEQ, and the U.S. Army Corps of Engineers. Copies of all relevant correspondence will be provided in the EID. Any aspect of the Project that may require a water rights or TPDES discharge permit in the relatively near future will be coordinated with TCEQ staff. Liaison will be maintained with the Texas Water Development Board with regards to any aspects of the Project that may need to be coordinated with the regional water planning process or for which funding from the State Revolving Fund may be sought. Products: Documentation of coordination with regulatory agencies. This documentation will be incorporated into the EID described as part of Task 1.7. Task 1.10. Meet with the City. It is anticipated that four meetings will be held in Lubbock: • Initial Meeting. An initial meeting will be held with City staff during the performance of Task 1.1 to identify alternatives. A preliminary list of alternatives and key evaluation factors will be provided by the Engineer to facilitate the discussion. • Second Meeting. A second meeting will be held during subtask 1.5.1. The purpose of this meeting is to identify the six alternatives for which a complete assessment will be performed. • Third Meeting. A third meeting will be held when the matrix and companion summary document described in subtask 1.5.12 are available. The purpose of this meeting is to confirm the recommended alternatives and priorities for implementation. • Fourth Meeting. A fourth meeting will be held to receive review comments on the Draft PER and Draft EID. Coordination activities with the City at times other than these will be accomplished by conference calls. Conference calls will be scheduled no less often than every other month and will be scheduled monthly when appropriate. Page 26 of 76 Attachment A In addition to the meetings with City staff to develop the plan, the Engineer is available to participate in up to four meetings with the City Council and/or Lubbock Water Advisory Commission (LWAC ), if requested to do so. Products: Meeting Notes will be prepared subsequent to each meeting and distributed to meeting participants. In addition, if requested by the City, Engineer will assist City staff in preparing presentation materials for meetings with the City Council and/or LWAC. Task 1.11. Project Management The Engineer will develop a Project Management Plan and perform project management activities on an ongoing basis. This task includes the following: • Preparation and execution of subcontract agreements. • Management of subcontractors. • Coordination of the project team. • Maintenance of a current project schedule. Products: The products associated with this task are as follows: • Subcontract agreements. • Monthly Project status reports. • Project schedules. Phase 2: Engineering Design and Bid Phase Services Task 2.1. Provide Eneineering Design Services It is anticipated that, while more than one alternative may be recommended for implementation in the PER, the facility that is most likely to be designed and constructed as part of this Project is a pipeline to discharge reclaimed water from SEWRP to the North Fork Double Mountain Fork of the Brazos River below Canyon Lake 46. The following scope of work for design, bid, and construction phase services is based on this assumption. If another facility is selected for design and construction, the scope of work, schedule, and budget will be reviewed and revised, as appropriate. The engineering design phase services will be performed in stages with reviews by the City with the Engineer scheduled to occur at the milestones designated as 50 percent and 100 percent completion. The 100 percent review will serve as the final review before printing and reproduction of the construction documents. This scope of work includes surveying and geotechnical investigations, but does not include easement document preparation as the facility identified for this project is assumed to be wholly located on property owned by the City. Should easements be needed for components of this Project, then the surveying and engineering budgets will Page 27 of 76 Attachment A need to be revised to provide for preparation of the easement documents as Additional Services. The major Project elements to be integrated in the design are addressed below. • Pipelines. The pipeline design is critical to the success of the Project. The pipeline will be designed to handle a range of flows that will include consideration of other discharge alternatives and future plant capacity. As such, the pipeline may be subject to a range of flow conditions from partial -pipe flow to pressurized flow under the highest flow conditions. These varying flow conditions will be considered in pipeline material selection, joint design, bedding, backfill, and thrust blocking. The pipeline may also be subject to start-up and shutdown actions or varying flows that can produce surge effects on the pipeline. This potential will be considered and addressed in the design, along with the more routine considerations such as utility interferences and road crossings. • Pump Stations. No pump station improvements will be designed as part of this Project. Outfalls. The discharge outfall may also function at varying rates of flow. Therefore, it will be critical to design an outfall that provides sufficient capacity for the maximum flow condition while providing for re -aeration, distribution of flow, and effective dissipation of hydraulic energy so that channel erosion does not result from the discharge. • Instrumentation and Controls. It is assumed that there are no instrumentation and control requirements and that all flow measurement and sampling that may be required by TCEQ will be accomplished upstream of this project or by sampling in the river downstream of the discharge point. Any instrumentation and control requirements will be treated as Additional Services. Products: Products associated with this task are as follows: • Documents suitable for 50% review of Project design: Draft pipeline design plans (routing); standard details; outline specifications (along with a list of City standard specifications); potential utility conflicts, and a draft opinion of probable construction cost. • Documents suitable for100% review of Project design: Final plan and profile drawings, all specifications, bid forms, all QC documentation, and a final opinion of probable construction cost. • Signed and sealed construction documents for public bid of the Project. Page 28 of 76 Attachment A Task 2.2. Provide Permitting Assistance The Engineer will prepare the following permits for the City during design phase that may be required to construct and operate the Project: • Notice of Intent (NQI) for the General Permit for Construction (TX R150000). • Section 404 permit. • Sand, Gravel, and Marl permits. • Applicable City or County permits. The scope of services for preparation of the 404 permit includes consultation with the Texas Historical Commission as required by the 404 permitting program. The scope of services does not include archaeological investigations or mitigation. Products: Applications for the permits described in this Task 2.2. Task 2.3. Provide Bid Phase Services It is assumed that the City will handle the copying, advertisement, invitation for bids, and distribution of bidding documents for the Project. The Engineer will support the City during the bidding phase by assisting with the following activities: • Participate in the Pre -bid meeting. • Prepare and distribute addenda as may be required during the bid phase. • Respond to Requests for Information during the bid phase. • Attend the bid opening, and review the bid proposals. • Make a recommendation to the City regarding contract award. Questions received during the bidding phase will be recorded, and responses or clarifications will be documented through issuance of addenda. When the bids are received, the team will assist the City in reviewing the bids, the bidders' qualifications, and other information required by the invitation for bids, and will make a recommendation for award of the construction contract. Products: Products of this task are as follows: • Pre -bid meeting notes, • Responses to Requests for Information, • Recordation of questions from bidders and development of responses, • Preparation of Addenda to the Contract Documents, • Documentation of the review of the bidders' qualifications, and recommendation for award. Page 29 of 76 Attachment A Task 2.4. Proiect Manasement The Engineer will update and maintain the Project Management Plan developed during Phase 1 and perform project management activities on an ongoing basis. This task includes the following: • Management of subcontractors. • Coordination of the project team. • Maintenance of a current project schedule. Products: The products associated with this task are as follows: • Monthly Project status reports. • Project schedules. Phase 3: Construction and Post -Construction Phase Services The Engineer will consult with the City and act as the City's representative during the construction phase. All of the City's instructions to the contractor will be issued through the Engineer, who shall have authority to act on behalf of the City in dealings with the contractor to the extent provided. The following tasks have been identified as construction phase and post -construction phase services to be provided. Task 3.1.. Participate in Pre -construction Conference The Engineer will participate in a Pre -construction Conference prior to commencement of work at the site. Meeting notes will be provided subsequent to conference. Task 3.2. Conduct Periodic Observations The Engineer will provide periodic observations during construction. In connection with observations of the contractor's work in progress while the Project is in construction, the Engineer will provide the following services: • Site Visits. Make no more than 26 visits to the site at intervals appropriate to the various stages of construction, as the Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the work. Such visits and observations by the Engineer are not intended to be exhaustive or to extend to every aspect of the contractor's work in progress or to involve detailed inspections of the contractor's work in progress beyond the responsibilities specifically assigned to the Engineer in the contract documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the work based on the Engineer's exercise of professional judgment. Based on information obtained during such visits and such observations, the Engineer will determine in general if the Page 30 of 76 Attachment A contractor's work is proceeding in accordance with the contract documents, and the Engineer shall keep the City informed of the progress of the work. The purpose of the Engineer's visits to the site will be to enable the Engineer to better carry out the duties and responsibilities assigned to, and undertaken by, the Engineer during the construction phase, and, in addition, by the exercise of the Engineer's efforts as an experienced and qualified design professional, to provide the City with a greater degree of confidence that the completed work will conform in general to the contract documents and that the integrity of the design concept of the completed Project is a functioning whole as indicated in the contract The Engineer shall not supervise, direct, or have control over the contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor nor for the contractor's safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the contractor in accordance with the contract documents. • Defective Work. Recommend to the City that the contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, the Engineer believes that such work will not produce a completed Project that conforms generally to the contract documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the contract documents. + Clarifications and Interpretations. Issue necessary clarifications and interpretations of the contract documents as appropriate to the orderly completion of contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the contract documents. • Field Orders. The Engineer may issue Field Orders authorizing minor variations from the requirements of the contract documents if approved by the City. The City Council of the City hereby delegates the authority to approve minor variations (i.e., variations requiring no expenditures of funds) from the requirements of the contract documents to the Director of Water Utilities of the City, or his designee. • Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to the City, as appropriate, and prepare Change Orders and Work Change Directives as required. • Inspections and Tests. Require such special inspections or tests of the contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by laws and regulations or the contract documents. The Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Page 31 of 76 Attachment A contract documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the contract documents. The Engineer shall be entitled to rely on the results of such tests. • Disagreements between City and Contractor. Render formal written decisions on all claims of the City and contractor relating to the acceptability of the contractor's work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the contractor's work. In rendering such decisions, the Engineer shall be fair and not show partiality to the City or contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. • Applications for Payment Based on the Engineer's observations as an experienced and qualified design professional, and on review of applications for payment and accompanying supporting documentation, submit approved applications for payment to the City. Products: The deliverables required to complete this task include the Pre -construction meeting notes and the individual items needed for completion of the services as described in this task. The number of items required may vary depending upon the number of requests received from the contractor. In addition, Engineer will maintain logs for each of the types of communication described in this task. Task 3.3. Review Submittals The Engineer will review submittals for compliance with the contract documents and design intent of the Project. Engineer will also evaluate and determine the acceptability of substitute or of -equal materials and equipment proposed by the contractor, but subject to a reasonable number of substitution requests. Products: The Engineer will provide timely review of submittals and will accompany each returned submittal with a review form indicating the disposition of the review. The Engineer will maintain a submittal review log. Task 3.4. Conduct Preliminary and Final Walk-through The Engineer will assist the City in performing the preliminary and final walk-throughs of the Project in order to determine substantial completion and final completion. A preliminary walk-through will determine if the Project is substantially complete. The Engineer will schedule a site inspection with TCEQ, EPA, and other regulatory entities, as required for acceptance of the construction. A written punch list of items required to complete the Project will be prepared at the preliminary walk-through. The punch list will be provided to both the City and the contractor Page 32 of 76 Attachment A When the items on the punch list are complete, a final walk-through will be conducted to confirm completion. If all of the items on the punch list are complete, a recommendation will be provided to release the final retainage and close-out the Project. If after considering any objections of the City, the Engineer considers the work substantially complete, the Engineer shall deliver a Certificate of Substantial Completion to the City and contractor. The Engineer shall also provide a Notice of Acceptability of Work that the work is acceptable to the best of the Engineer's knowledge, information, and belief and based on the extent of the services provided by the Engineer. Products: The following products are associated with this task: • Preliminary Walk-through Punch List. • Final Walk-through Punch List. • Certificate of Substantial Completion. • Notice of Acceptability of Work. Task 3.5. Provide Project Close-out and Documentation Once the punch list items are complete, the Engineer will assist the City in preparing the Project close-out documents and final grant reports. In addition, the following activities will be performed: • Receive, review, and transmit to the City maintenance and operating instructions, schedules, and guarantees. • Assemble and transmit to the City bonds, certificates, or other evidence of insurance not previously submitted and required by the contract documents; certificates of inspections, tests, and approvals; shop drawings; samples and other data approved as specified; and the annotated record documents which are to be assembled by the contractor in accordance with the contract documents to obtain final payment. Products: Copies of the documents described above. Task 3.6. Provide Post -Construction Services The Engineer, during the post -construction phase, shall provide the following services: • Provide assistance in connection with the testing and adjusting of Project equipment or systems. • Together with the City, visit the Project to observe any apparent defects in the work, assist the City in consultations and discussions with the contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective work, if present. Page 33 of 76 Attachment A • In company with the City or City's representative, provide a walk-through of the Project within one month before the end of the correction period to ascertain whether any portion of the work is subject to correction. • Prepare and furnish to the City Record Drawings showing appropriate record information based on Project annotated record documents received from the contractor. Products: The products associated with this task are as follows: • Documentation of the correction period Project review. • Completed Record Drawings, Task 3.7. Project Management The Engineer will update and maintain the Project Management Plan from Phase 2 and perform project management activities on an ongoing basis. This task includes the following: • Management of subcontractors. • Coordination of the project team. • Maintenance of a current project schedule. Products: The products associated with this task are as follows: • Monthly Project status reports. • Project schedules. ADDITIONAL SERVICES Additional Service(s) are those services that may be required or desired by the City but cannot be defined sufficiently at this time to establish the scope of work and compensation. These services are not included in the scope for Basic Service(s). Additional Service(s) may include the following: • Appearances before regulatory agencies not specifically described in Basic Services. • Subsurface utility verification through non-destructive excavation techniques to determine composition, size, and elevation of underground utilities. • Assisting the City in claims disputes with contractor(s). • Sampling, testing, or analysis beyond that specifically included in Basic Services. Page 34 of 76 Attachment A • Providing topographic or aerial surveys, including background photographic images. • Providing wetland delineations and detailed wetland field studies. • Additional copies of the contract documents in excess of the number specified in Basic Services. • Preparation of reports, sketches, drawings, presentations and permit applications requiring historical and archaeological field studies. • Revision of reports, memoranda and contract documents after specific approval by the City. • Design of additional facilities not specified in Basic Services. • Pre -selection of long lead-time equipment for schedule acceleration during construction. • Re -start of the Project following City's request to stop work for more than three months. ENGINEER'S COMPENSATION Compensation by City to the Engineer will be in accordance with compensation basis A or B described below and as identified for each Phase of Basic Services as shown in Table 1. Compensation Basis: A. Cost Reimbursement Plus Fixed -Fee. Engineer's Direct and Indirect Labor plus Other Indirect Costs in accordance with the rates and costs provided in Attachment B, which includes the forms EPA 5700-41 for the Engineer and Engineer's subconsultants. Fixed -Fee is the same as Profit or Item 11, shown on the forms in Attachment B. Monthly invoicing in accordance with Article II will include the total of the Cost Reimbursement subtotal and the Fixed Fee subtotal. The Cost Reimbursement subtotal will be calculated on the basis of the direct and indirect costs provided in Attachment B for services provided during the period. The Fixed -Fee subtotal will be calculated as the ratio of the Cost Reimbursement subtotal to the Total Estimated Cost (Item 10), multiplied by the Fixed Fee. The Fixed Fee will be fully invoiced at the completion of each phase even if the total Cost Reimbursement for services provided for the phase is less than the Total Estimated Cost for the phase. . B. Firm Fixed Price. Engineer's cost will be on the basis of the Firm Fixed Price as established by Attachment B, which includes the forms EPA 5700-41 for the Engineer and Engineer's subconsultants. Invoicing in accordance with Article II Page 35 of 76 Attachment A will be on the basis of percent complete for services provided during the period until 100% has been completed and invoiced. Definitions A. Direct Labor. Direct labor is the hourly cost for Engineer's employees as provided by the Labor Categories in Item 7 on the forms, EPA 5700-41, provided in Attachment B, for work directly performed on this Project. B. Indirect Labor. Indirect labor is the indirect cost applied to direct labor as provided in Item 8 on the forms, EPA 5700-41, provided in Attachment B. C. Other Indirect Costs. Other indirect costs are those necessary costs and charges incurred for this Project including, but not limited to the costs of transportation, meals and lodging, mail, equipment, supplies, other expenses, and subcontract services. Basic Services Compensation for Basic Services will be as follows: Table 1 Compensation Basis by Project Phase Total Compensation Estimated Description Basis Cost Fixed Fee Total Phase 1: Preliminary Engineering and A $410,099,37 $25,660.63 $435,760.00 Conceptual Design Phase II: Engineering Design and Bid B N/A NIA $119,944.00 Phase Services Phase III: Construction and Post A $45,013.88 $434.12 $45,448.00 Construction Phase Services TOTAL BASIC SERVICES $601,152.00 A budget distribution showing the cost breakdown relative to the major project tasks is provided in Table 2. This budget breakdown is provided for informational purposes only. The compensation basis for each phase is as previously described. Page 36 of 76 Attachment A Table 2 Budget Distribution by Task Task No. Task Description Task Budget Total Project $601 152 Phase 1 $435,760 1.1 Project Definition $23,550 1.2 Assemble & Review Available Water Quality and Quantity Models $18,300 1.3 Hydraulic Modeling $46,310 1.4 Water Quality Modeling $43,620 1.5 Alternatives Analysis $162,480 1.6 Prepare Preliminary Engineering Report $265370 1.7 Prepare Environmental Information Document $22,230 1.9 Coordinate with Regulatory Agencies $5,830 1.8, 1.10, 1.11 Project Management $87,070 Phase 2 $119,944 2.1 Engineering Design Services Geotechnical Investigation Surveying $80,932 $5,000 $10,000 2.2 Provide Permitting Assistance $28,842 2.3 Bid Phase Services $2,420 2.4 Project Management $7,750 Phase 3 $45,448 3.1 Pre -Construction Conference $1,120 32, 3.3 Periodic Observations & Submittal Reviews $30,880 3.4 Preliminary and Final Walk Through $4,185 3.5 Project Closeout Documentation $3,540 3.6 Post Construction Services $2,740 3.7 Project Management $2,983 Additional Services Compensation for Additional Services will be on the basis of Cost Reimbursement Plus Fixed -Fee or Firm Fixed Price as negotiated at the time the services are requested by the City and as provided by amendment to this Agreement. Page 37 of 76 Attachment A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM Engineer's use of DBE subconsultants will comply with forms (6100-3 and 6100-4) included in Attachment B. SCHEDULE Engineer will complete the project tasks by the milestone dates shown in Table 3, provided that the assumptions as described in the notes at the bottom of the table are satisfied. Table 3 Milestone Dates by Task Task No. Task Description Task Milestone Date Phase 1 '(1.) 1.1 Project Definition May 22, 2009 1.2 Assemble & Review Available Water Quality and Quantity Models July 2, 2009 1.3 Hydraulic Modeling Sept. 22, 2009 1.4 Water Quality Modeling Dec. 29, 2009 1.5 Alternatives Analysis Aug. 5, 2010 1.6 Prepare Preliminary Engineering Report Oct. 29, 2010 1.7 Prepare Environmental Information Document Feb. 24, 2010 I.9 Coordinate with Regulatory Agencies Sept. 14, 2010 1.8, 1.10, 1.11 Project Management Feb. 4, 2011 Phase 2 (2.) 2.1 Engineering Design Services Oct. 11, 2011 2.2 Provide Permitting Assistance Sept. 16, 2011 2.3 Bid Phase Services Dec. 7, 2011 2.4 Project Management Dec. 7, 2011 Phase 3 '(3.) 3.1 Pre -Construction Conference Jan. 27, 2012 3.2, 3.3 Periodic Observations & Submittal Reviews July 27, 2012 3.4 Preliminary and Final Walk Through Sept. 10, 2012 3.5 Project Closeout Documentation Oct. 15, 2012 3.6 Post Construction Services Aug. 7, 2013 3.7 Project Management Aug. 7, 2013 (1.) Phase 1 Milestone Dates are dependent upon Engineer's receipt of Notice to Proceed by April 16, 2009. (2.) Phase 2 Milestone Dates are dependent upon receipt of EPA approval of the EID and receipt of a Notice to Proceed on Phase 2 by February 11, 2011. (3.) Phase 3 Milestone Dates are dependent upon the City completing award of the construction contract by January 12, 2012. Page 38 of 76 Resolution No. 2009—RO137 Attachment B Cost or Price Summary Forms (EPA 5700-41) for Alan Plummer Associates, Inc. HDR, Inc. EnproteclHibbs & Todd, Inc. Black & Veatch, Inc. Texas Tech University High -Tech Land & GPS Surveyors, Inc. Terra Testing, Inc. Disadvantaged Business Enterprise Program Forms for Alan Plummer Associates, Inc. (Form 6100-4) High -Tech Land & GPS Surveyors, Inc. (Form 6100-3) Terra Testing, Inc. (Form 6100-3) Page 39 of 76 Attachment B COST OR PRICE SUMMARY FORMAT FOR SUBAGREENIENT ER U.S. EPA ASSISTANCE PARTI- GENERAL 1. RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NO. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Alan Plummer Associates, Inc. 4. DATE OF PROPOSAL 11/25/2008 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6300 La Calma Suite 400 Austin, TX 78752 6. TYPE OF SERVICE TO BE FURNISHED Phase 1: Preliminary Engineering and Conceptual Design PART II - COST SUMMARY 7 DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COSI TOTALS Chief Engineer (Engineer Vlll) 208 $ 61.22 $ 12,733.76 -- Senior Consultant (Engineer VINII) 521 49.71 25,898,91 Senior Project Engineer (Engineer V) 80 39.77 3,181.60 Project Engineer (Engineer III/IV) 400 33.14 13,256.00 Engineer in Training (Engineer 1/II) 68 29.65 2,016.20 Senior CADD/Eng. Technician 21 $ 29.83 $ 626.43 CADD/Eng. Technician 20 $ 21.98 $ 439.60 Senior Administrative Staff 54 $ 21.98 $ 1,186.92 Administrative Staff 541 19.47 1,051.38 DIRECT LABOR TOTAL: #- . $ 60,390.80 S. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED COS Total Overhead 180.29% $ 60,390.80 $ 108,878,57 INDIRECT COSTS TOTAL: 108,878.57 9. OTHER DIRECT COSTS _ a. TRAVEL ESTIMATED COS (1) TRANSPORTATION $ 6,000.00 (2) PER DIEM $ 3,270.00 TRAVEL SUBTOTAL: 9,270.00 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COS Printing/Reprographics (B&W) 10,000 $ 0.11 $ 1,100.00 Printing/Reprographics (color) 2,000 0.50 $ 1,000.00 Postage --Express Mail 12 $ 12.00 $ 144.00 Telephone --Conference calls 8 $ 100.00 $ 800.00 Expendable Supplies 456.00 456.00 EQUIPMENT SUBTOTAL: 3,500.00 c. SUBCONTRACTS ESTIMATED COS HDR Engineering, Inc. 116,600.00 Enprotec/Hibbs & Todd, Inc. 36,460.00 Texs Tech University $ 57,700.00 Black & Veatch, Inc. 17,300M Terra Engineers, Inc. $ - High Tech Land & GPS Surveyors, Inc. $ - SUBCONTRACTS SUBTOTAL: 228,060.00 d. OTHER (Specify categories) ESTIMATED COS $ - OTHER SUBTOTAL: OTHER DIRECT COSTS TOTAL: - 240,830.00 10. TOTAL ESTIMATED COST $ 410,099,37 11. PROFIT $ 25,660.63 12. TOTAL PRICE $ 435,760.00 Page 40 of 76 Attachment B PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) City of Lubbock Canyon Lakes Reuse Project. This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) December 15, 2008 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. J(13 December 15 2008 DATE OF EXECUTION SIGNATURE OF COMPOSER Principal TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 41 of 76 Attachment B COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSISTANCE PART I - GENERAL_ 1 RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NO. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Alan Plummer Associates, Inc. 4. DATE OF PROPOSAL 11/25/2008 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6300 La Calma Suite 400 Austin, TX 78752 6. TYPE OF SERVICE TO BE FURNISHED Phase 2: Engineering Design and Bid Phase Services PART Il - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COSI TOTALS Chief Engineer (Engineer VIII) 16 64.92 $ 1,058.72 Senior Consultant (Engineer VINII) 94 52.71 4,954.74 Senior Project Engineer (Engineer V) 60 $ 42.17 $ 2,530.20 Project Engineer (Engineer III/IV) 60 35.14 $ 2,108.40 Engineer in Training (Engineer 1/11) 28 31.44 880,32 Senior CADD/Eng. Technician 12 31.63 $ 379.56 CADD/Eng. Technician 12 $ 23.30 $ 279.60 Senior Administrative Staff 8 $ 23.30 $ 186.40 Administrative Staff 8 $ 20.64 $ 165.12 DIRECT LABOR TOTAL: 12,523.06 8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED COS Total Overhead 180,29% $ 12,523.06 $ 22,577.82 INDIRECT COSTS TOTAL: 22,577.82 9. OTHER DIRECT COSTS a. TRAVEL ESTIMATED COS (1) TRANSPORTATION $ 2,000.00 (2) PER DIEM $ 872.00 TRAVEL SUBTOTAL: 2,872.00 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COS Printing/Reprographics (B&W) 1,000 $ 0.11 $ 110.00 Printing/Reprographics (color) 200 $ 0.50 100.00 Postage --Express Mail 4 12.00 $ 48.00 Telephone --Conference calls 4 $ 100.00 $ 400.00 Expendable Supplies $ 150.00 150.00 EQUIPMENT SUBTOTAL: $ 808.00 c. SUBCONTRACTS ESTIMATED COS HDR Engineering, Inc. $ - Enprotec/Hibbs & Todd, Inc. $ 60,920.00 Texs Tech University $ - Black & Veatch, Inc. $ - Terra Engineers, Inc. $ 5,000.00 High Tech Land & GPS Surveyors, Inc. $ 10,000.00 SUBCONTRACTS SUBTOTAL: $ 75,920.00 d. OTHER (Specify categories) ESTIMATED COS $ - OTHER SUBTOTAL: OTHER DIRECT COSTS TOTAL: $ - 79,600.00 10. TOTAL ESTIMATED COST $ 114,700.88 11. PROFIT $ 5,243.12 12. TOTAL PRICE $ 119,944.00 Page 42 of 76 Attachment B PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) City of Lubbock Canyon Lakes Water Reuse Project . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) December 15, 2008 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) December 15, 2008 DATE OF EXECUTION SIGNATURE OF COMPOSER Principal TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 43 of 76 Attachment B COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER 0.9. EPA ASSISTANCE PARTI-GENERAL 1. RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NO. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Alan Plummer Associates, Inc. 4. DATE OF PROPOSAL 11/25/2008 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6300 La Calma Suite 400 Austin, TX 78752 6. TYPE OF SERVICE TO BE FURNISHED Phase 3: Construction and Post Construction Phase Services PART II - COST SUMMARY 7 DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COSI TOTALS Chief Engineer (Engineer VIII) 2 68.87 $ 137.74 Senior Consultant (Engineer VINII) 16 55.92 $ 894.72 Senior Project Engineer (Engineer V) 0 44.73 $ - Project Engineer (Engineer III/IV) 0 37.28 $ - Engineer in Training (Engineer 1/II) 0 $ 33.35 - Senior CADD/Eng. Technician 0 33.55 - CADD/Eng. Technician 0 $ 24.72 $ - Senior Administrative Staff 0 $ 24.72 $ - Administrative Staff 0 21.90 - DIRECT LABOR TOTAL: 1,032.46 8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED C05 Total Overhead 180.29% $ 1,032.46 $ 1,861.42 INDIRECT COSTS TOTAL: 1,861.42 9. OTHER DIRECT COSTS a. TRAVEL ESTIMATED COS (1) TRANSPORTATION $ - (2) PER DIEM $ - TRAVEL SUBTOTAL: - b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COS Printing/Reprographics (B&W) 100 $ 0.11 $ 11.00 Printing/Reprographics (color) 20 $ 0.50 $ 10.00 Postage --Express Mail 2 $ 12.00 $ 24.00 Telephone --Conference calls 2 $ 100.00 $ 200.00 Expendable Supplies 55.00 $ 55.00 EQUIPMENT SUBTOTAL: 300.00 c. SUBCONTRACTS ESTIMATED COS HDR Engineering, Inc. $ - Enprotec/Hibbs & Todd, Inc. $ 41,820.00 Texs Tech University $ - Black & Veatch, Inc. $ - Terra Engineers, Inc. $ - High Tech Land & GPS Surveyors, Inc. $ SUBCONTRACTS SUBTOTAL: $ 41,820.00 d. OTHER (Specify categories) ESTIMATED COS OTHER SUBTOTAL: - OTHER DIRECT COSTS TOTAL: $ 42,120.00 10. TOTAL ESTIMATED COST 45.013.88 11. PROFIT 434.12 12. TOTAL PRICE $ 45,448.00 Page 44 of 76 Attaclunent B PART III -CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) Citvof Lubbock Canyon Lakes Water Reuse Project. This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) December 15, 2008 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. r� 3 December 15, 2008 DATE OF EXECUTION SIGNATURE OF COMPOSER Principal TITLE OF COMPOSER 14, LOAN RECIPIENT I certify that I have reviewed the costlprice summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 45 of 76 Attachment B PART I - GE 1. RECIPIENT 2. ASSISTANCE IDENTIFICATION NO, City of Lubbock 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL HDR Engineering, Inc. 12/3/2008 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6. TYPE OF SERVICE TO BE FURNISHED 4401 West Gate Blvd. Suite 400 Phase 1: Preliminary Engineering and Austin, Texas 78745 Conceptual Design PART Il - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURLY I ESTIMATED COS TOTALS HOURS RATE Senior tngineer z6u '-6 bl.Lb Z15 14,Ubf.OU Senior Project Manager 40 $ 61.25 $ 2,450.00 Project Engineer 160 $ 50.22 $ 8,035.20 Graduate Engineer 200 $ 40.35 $ 8,070.00 M34,669 Senior Administrative Staff 24 $ 23.27 $ 558.48 DIRECT LABOR TOTAL: $ 8. INDIRECT COSTS (Specify indirect cost pools) RATE x BASE = ESTIMATED COS Total Overhead 163.50% $ 34,fifi9.313 $ 56,6134.44 INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS a. TRAVEL (1) TRANSPORTATION (2) PER DIEM TRAVEL SUBTOTAL: b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) Other direct reimburseable expense ESTIMATED QTY I COST I ESTIMATED 56, EQUIPMENT SUBTOTAL: $ 2,000.00 e. SUBCONTRACTS ESTIMATED COSR= SUBCONTRACTS SUBTOTAL: d. OTHER (Specify categories) OTHER SUBTOTAL: OTHER DIRECT COSTS TOTAL' 10. TOTAL ESTIMATED COST 11. PROFIT 12. TOTAL PRICE ESTIMATED C 7, EPA Form 5700-41 Page 46 of 76 Attachment B PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) Canyon Lakes Water Reuse Project . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of i 2-Feb-09 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. 01 (3) i DATE OF EXECUTION SICilNA RE OF C6WOSER i Senior Vice President TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost/prioe summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 47 of 76 EPA Farm 5700-41 COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSISTANCE PARTI- GENERAL 1, RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NO 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Enprotec/Hibbs & Todd, Inc. 4. DATE OF PROPOSAL 25-Nov-08 5, ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6310 Genoa Ave., Suite E Lubbock, Texas 79424 6. TYPE OF SERVICE TO BE FURNISHED Phase 1: Preliminry Engineering and Conceptual Design PART II - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS Senior Engineer 206 $43.27 $8,913.62 Project Engineer 170 $31.61 $5,373.70 Staff Engineer 158 24.04 $3,798.32 Engineer Technician II 39 $17.50 $682.50 CADD/Engineer Technician 111 561 15,50 $868.00 Administrative 60 $11.50 $690.00 DIRECT LABOR TOTAL: $20,326.14 a. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED COST ' # J 0.00 Total Overhead 54.14% $20,326.14 11,004.57 0, 00 0.00 INDIRECT COSTS TOTAL: 11,004.57 9. OTHER DIRECT COSTS r a. TRAVEL ESTIMATED COST (1) TRANSPORTATION 200.00 (2) PER DIEM $ TRAVEL SUBTOTAL: $200.00 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) CITY COST ESTIMATED COST Printing/Reprographics 4042 $0.11 $444.62 Postage/Express 10 $10.00 100.00 ommunication 14 $10.00 $140.00 Expendable Supplies 11 $50.00 50.00 EQUIPMENT SUBTOTAL: $734.62 c. SUBCONTRACTS ESTIMATED COST 0.00 0.00 ©.00 $0.00 SUBCONTRACTS SUBTOTAL: $0.00 d. OTHER (Specify categories) ESTIMATED COST 0.00 $0.00 $0.00 OTHER SUBTOTAL: 0.00.E OTHER DIRECT COSTS TOTAL: $934.62 10. TOTAL ESTIMATED COST $32,265.33 11. PROFIT $4,194.67 12. TOTAL PRICE $36,460.00 Page 48 of 76 PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) Lubbock Carryon Lakes Project . This is to certify to the best of my knowledge and belief that the oust and pricing data summarized herein are complete, current, and accurate as of 25-Nov-08 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) 25 Nov 2008 '� 0 &,"LAA—V' DATE OF EXECUTION SIGNATURE OF COMPOSER Fred Curnu#t. V.P. Engineering TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost/price summary set forth herein and the proposed costslprice appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 49 of 76 COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSISTANCE PART I - GENERAL 1. RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NO. 3, NAME OF CONTRACTOR OR SUBCONTRACTOR Enprotec/Hibbs & Todd, Inc. 4. DATE OF PROPOSAL 25-Nov-08 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6310 Genoa Ave., Suite E Lubbock, Texas 79424 6. TYPE OF SERVICE TO BE FURNISHED Phase 2: Engineering Design and Bid Phase Services PART II - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS Senior Engineer 258 43.27 $11,163.66 Project Engineer 302 $31.61 $9,546,22 Staff Engineer Engineer Technician 11 338 $24.04 44 $17.50 $8,125.52 770.00 CADD/Engineer Technician ill 124 15.50 $1,922.00 Administrative 82 11.50 $943.00 DIRECT LABOR TOTAL: _ 32,470.40 S. INDIRECT COSTS (Specify indirect Gust pools) RATE X BASE = ESTIMATED COST •. • . $0.00 Total overhead 54.14% $32,470.40 $17,579.47 0.00 0.00 INDIRECT COSTS TOTAL: 17,579.47 9. OTHER DIRECT COSTS & TRAVEL ESTIMATED COST (1) TRANSPORTATION 4Too (2) PER DIEM $ TRAVEL SUBTOTAL: _ $441.00 b. EQUIPMENT, MATERIALS, SUPPLIES {Specify categories} QTY COST ESTIMATED COST Printing/Reprographics 14000 $0,11 $1,540.00 Postage/Express 48 $10.00 F480.00 Communication 40 $10.00 400.00 Expendable Supplies 20 50.00 $1,000.00 EQUIPMENT SUBTOTAL: 3,420.00 c. SUBCONTRACTS ESTIMATED COST 0.00 $0.00 $0.00 0.00 SUBCONTRACTS SUBTOTAL: MOO d. OTHER (Specify categories) ESTIMATED COST 0.00 0.00 0.00 OTHER SUBTOTAL: 0.00 OTHER DIRECT COSTS $3,861,00 10. TOTAL ESTIMATED COST $53,910.87 11. PROFIT $7,009.13 12. TOTAL PRICE $60,920.00 Page 50 of 76 PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) Lubbock Canyon Lakes Project . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of 25-Nov-08 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) 25 Nov 2008 DATE OF EXECUTION SIGNATURE OF COMPOSER TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost1price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 51 of 76 COST OR PRME-SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSMANCE PARTI-GENERAL 1 RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NC 3. NAME OF CONTRACTOR OR SUBCONTRACTOR EnprotecfHibbs & Todd, Inc. 4. DATE OF PROPOSAL 25-Nov-08 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6310 Genoa Ave., Suite E Lubbock, Texas 79424 6. TYPE OF SERVICE TO BE FURNISHED Phase 3: Construction and Post Construction Phase Services PART II - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COST TOTALS Senior Engineer 120 $43.27 5,192.40 Project Engineer 204 $31.61 $6,448.44 Staff Engineer 314 24.04 $7,548.56 Engineer Technician II 74 17.50 $1,295.00 CADD/Engineer Technician 111 781 s15.55 1,209.00 Administrative 64 11.50 $736.00 DIRECT LABOR TOTAL: $22,429.40 8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED COST a,aa Total Overhead 54.14°0 22,429.40 12,143.28 $0.00 0.00 INDIRECT COSTS TOTAL: 12,143.28 9. OTHER DIRECT COSTS a. TRAVEL ESTIMATED COST (1) TRANSPORTATION 616.00 (2) PER DIEM $ TRAVEL SUBTOTAL: $616.00 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COST Printing/Reprographics 4000 $0.11 $440.00 Postage/Express 48 $10.00 $480.00 Communication 40 10.00 $400.00 Expendable Supplies 10 50.00 $500.00 EQUIPMENT SUBTOTAL: $1,820.00 c. SUBCONTRACTS ESTIMATED COST 0.00 0.00 0.00 0.00 SUBCONTRACTS SUBTOTAL: $0.00 d. OTHER (Specify categories) ESTIMATED COST 0.00 $0.00 $0.00 OTHER SUBTOTAL: $0.00 OTHER DIRECT COSTS TOTAL: $2,436.00 10. TOTAL ESTIMATED COST $37,008.68 11. PROFIT $4,811.32 12. TOTAL PRICE $41,820.00 Page 52 of 76 PART III -CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) Lubbock Canyon Lakes Project . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) 25-Nov-08 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupmenl where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) 25 Nov 2008 DATE OF EXECUTION SIGNATURE OF COMPOSER TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 53 of 76 Attachment B PART I - GENERAL 1. RECIPIENT 2. ASSISTANCE IDENTIFICATION NO, City of Lubbock 3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL Black & Veatch Corporation 11/25/2008 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 6. TYPE OF SERVICE TO BE FURNISHED 8400 Ward Parkway Kansas City, MO 64114 Phase 1: Preliminary Engineering and Conceptual Design PART II - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURLY ESTIMATED COS TOTALS HOURS RATE Senior Water Resources Engineer 97 $ 57.30 $ 5,558.10 $ - $ - $ - DIRECT LABOR TOTAL: $ 5,b58.10 8. INDIRECT COSTS (Specify indirect cost pools) I RATE I X BASE = ESTIMATED COS INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS a. TRAVEL ESTIMATED C (1) TRANSPORTATION (2) PER DIEM TRAVEL SUBTOTAL: $ - b. EQUIPMENT, MATERIALS, SUPPLIES QTY I COST ESTIMATED C .v - IR - 0 0 $ $ - - $ - $ - 0 $ - - 0 - $ - EQUIPMENT SUBTOTAL:" $ - c. SUBCONTRACTS ESTIMATED C SUBCONTRACTS SUBTOTAL: ram., $ - d. OTHER (Specify categories) ESTIMATED C a - $ - OTHER SUBTOTAL: $ - OTHER DIRECT COSTS TOTAL: „ r; $ - 10. TOTAL ESTIMATED COST $ 15,605.31 11, PROFIT $ 1,694.69 12. TOTAL PRICE 1 $ 17.300.00 EPA Form 5700-41 Page 54 of 76 Attachment B PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) City of Lubbock Canyon Lakes Water Reuse Proiect, This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) December 15, 2008 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation and;or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. ) (3) December 15, 2008 G DATE OF EXECUTION SIGNATURE OF CO SER TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 0700-41 Page 55 of 76 Attachment B COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSISTANCE PART I -GENERAL. 1, RECIPIENT City of Lubbock 2_ ASSISTANCE IDENTIFICATION NO. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR Texas Tech University Water Resources Center 4. DATE OF PROPOSAL 2/212009 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR Box 41022 Lubbock, TX 79409-1022 6. TYPE OF SERVICE TO BE FURNISHED Phase 1. Preliminary Engineering and Conceptual Design PART II - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COS TOTALS Principal Investigator (Senior Consultant) Co-Prinicipal Investigator (Sr. Env. Enginee 43.25 $ 63.08 $ 60.48 $ 2,728.21 $ 10,463.04 173 Co-Prinicipal Investigator (Env. Engineer) 173 $ 48.32 $ 8,359.36 Sr. Laboratory Technician 173 $ 23.09 3,994.57 Engineering Intern (Technical Services) 240 $ 12.00 $ 2,880.00 DIRECT LABOR TOTAL: 28,425.18 8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED COS Total Overhead 64.43% $ 28,425.18 1 $ 18,314.34 Fringe Benefits (rate varies based on category) Is 6,512.00 INDIRECT COSTS TOTAL: $ 24,826.34 Page 56 of 76 -- - - ---w - . I Attachment B PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) City of Lubbock Canyon Lakes Reuse Project . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) February-2 , 2009 and that a financial management capability exists to fully and accurately account for the financial transactions under this project, I further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3) February 2. 2009 DATE OF EXECUTION SIGNATURE OF COMPOSER Jay B. McMillen Assistant Director, Research Services TITLE OF COMPOSER 14. LOAN RECIPIENT certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER Page 57 of 76 Attachment B COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSISTANCE PARTI- GENERAL 1. RECIPIENT City of Lubbock 2. ASSISTANCE IDENTIFICATION NO. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR High -Tech Land &GPS Surveyors, Inc. 4. DATE OF PROPOSAL 5-Dec-08 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 3330 - 70th Street, Suite 202 Lubbock, Texas 79413 806-788-0020(Phone) B. TYPE OF SERVICE TO BE FURNISHED Phase 3: Professional Land Surveying Services PART II - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COSI TOTALS Field Party 40 $48.15 $1,926 -Office/Cale. 21 $31.48 $661 R.P. L.S. 10 $35.18 $352 DIRECT LABOR TOTAL: ._ $2,939 8. INDIRECT COSTS (Specify indirect cost pools) RATE X BASE = ESTIMATED COS Total Indirect Cost 170.00°fo 2,939.00 $4,996 INDIRECT COSTS TOTAL: $4,996 9. OTHER DIRECT COSTS a. TRAVEL ESTIMATED COS (1) TRANSPORTATION 195 miles @ $0.80 per mile $156 (2) PER DIEM 0 TRAVEL SUBTOTAL: $156 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COS GPS 5 $ 200.00 $1,000 $0 0 $0 EQUIPMENT SUBTOTAL: $1,000 c. SUBCONTRACTS ESTIMATED COS None SUBCONTRACTS SUBTOTAL: 0 d. OTHER (Specify categories) ESTIMATED COS None $0 $0 OTHER SUBTOTAL: $0 OTHER DIRECT COSTS TOTAL: $1,156 10. TOTAL ESTIMATED COST 9,091 11. PROFIT 10% $909 12. TOTAL PRICE $10,000 Page 58 of 76 PART III - CER11FICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in respo Lubbock Canyon Lakes Project . This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate at 1215/2008 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. 1 further certify that t understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. DATE OF EXECUTION SIGNATURE OF COMPOSER Melissa K. Watkins, President TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that i have reviewed the cost/price summary set forth herein and the proposed costslpriae appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700-41 Page 59 of 76 Attachment B COST OR PRICE-SUMWRY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA ASSISTANCE PARTI- GENERAL 1. RECIPIENT 2. ASSISTANCE IDENTIFICATION NO. 3. NAME OF CONTRACTOR OR SUBCONTRACTOR TERRA TESTING, INC. 4- DATE OF PROPOSAL DEC. 1,08 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 5208 34TH STREET, LUBBOCK, TX 79407 6. TYPE OF SERVICE TO BE FURNISHED CONSTRUCTIOIN MATERIAL TESTING & INSPECTIONS SERVICES PART tl - COST SUMMARY 7. DIRECT LABOR (Specify labor categories) ESTIMATED HOURS HOURLY RATE ESTIMATED COSI TOTALS Technician 40 $43.75 $1,750.00 _ Project Engineer 10 $73.00 $730.00 DIRECT LABOR TOTAL: _ $2;480.00' $2,480.00 B. INDIRECT COSTS (Specify Indirect cost pools) RATE X BASE = ESTIMATED COST] '. 73.55% $2,480.00 $1,824.00 INDIRECT COSTS TOTAL: $1,824.00 9- OTHER DIRECT COSTS -- i $196.00 a. TRAVEL ESTIMATED COSTI (1) TRANSPORTATION S (2) PER DIEM $ TRAVEL SUBTOTAL: $ b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST ESTIMATED COSTI Testing supplies LS $75.00 $75.00 Equipment LS $121.00 $121.00 EQUIPMENT SUBTOTAL: - c. SUBCONTRACTS ESTIMATED COSTI $ SUBCONTRACTS SUBTOTAL: d. OTHER (Specify categories) ESTIMATED COSTI $ _ OTHER SUBTOTAL: '' '' . - Is OTHER DIRECT COSTS TOTAL: $ 10. TOTAL ESTIMATED COST $4,500.00 11. PROFIT 11% $500,00 12. TOTAL PRICE $5,000.00 EPA Form 5700-41 Page 60 of 76 Attachment B PART III - CERTIFICATIONS 13. CONTRACTOR OR SUBCONTRACTOR This proposal is submitted for use in connection with and in response to (1) Lubbock Canyon Lakes Proiect This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) Dec. 1, 2008 and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that I understand that the subagreement price may be subject to downward renegotiation andlor recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, urrent and ccurale as of the date shove. ^n r A G[ {3J DATE OF EXECUTION: 12/01/08 SI N URE OF COMPOSER PRESIDENT TITLE OF COMPOSER 14. LOAN RECIPIENT I certify that 1 have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER EPA Form 5700-41 Page 61 of 76 Attachment B OMB Control No: 2090-0030 Approved: 05/01/2008 Environ' mental Approval Expires: �01/31/2011 �_� Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form BIDIPROPOSAL NO. PROJECT NAME City of Lubbock, Canyon Lakes Reuse Project NAME OF PRIME BIDDEWROPOSER E-MAIL ADDRESS Alan Plummer Associates, Inc. radamsgapaienv.com ADDRESS 6300 La Calma, Suite 400, Austin, TX 78752 TELEPHONENO. (512) 452-5905 TF AXNO. (512)452-2325 The following subcontractorsi will be used on this project. COMPANY NAME, ADDRESS, PHONE TYPE OF WORK TO BE ESTIMATED CURRENTLY NUMBER, AND E-MAIL ADDRESS PERFORMED DOLLAR CERTIFIED AMOUNT AS AN MBE OR WBE7 1. HDR, Inc., 4401 west Gate Blvd. Hydrology and hydraulic studies $216,600 No Suite 400, Austin, TX 78745 related to reuse alternatives. 512-912-5136,david.duan@hdrinc.com 2. Enprotec/Hibbs & Todd, 5310 Genoa civil engineering support of the $139,200 No Ave., Suite E, Lubbock, TX 79424 study phase, pipeline design, and 806-794-1100, fcurnuttee-ht.com construction services. 3. water Resources Center, Texas Tech Field data collection, water $57,700 No University, loth & Akron, Lubbock, quality analyaes,and evaluation of TX 79409, 806-742-3490, emerging constituents. ken.rainwater(Ottu.edu 4. Black & veatch, Inc., 1701 Directors water quality modeling. $17,300 No Blvd., Suite 940, Austin, TX 78744 512-440-2503, Fsmithgrobv.com 5. Terra Testing, Inc., 5208 34th at. Geotechnical investigations and $5,000 Yes* Lubbock, TX 79490, 806-793-4767 material testing. ajitggterra-eng.com 6. High -Tech Land and GPS Surveyors,Inc Topographic survey of pipeline $10,000 Yes* 3330 70th St., Suite 202, Lubbock,TX route. 79413 806-788-'0020 surve s0aol com I certify under penalty of perjury that the forgoing statements are true and correct. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Sectio 3.302(c}. January 13, 2009 Signature of Prime Contractor Date Robert F. Adams Associate Print Name Title *Note that firms indicated as "Certified" are currently certified with agencies other than the USEPA. 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) Page 62 of 76 Attachment B OMB Control No: 2090-0030 Approved: 05/ 01 / 2008 ' Approval Expires. 01/31/2011 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources, complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number, Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for u& mizing respondent burden, including the use of automated collection techniques to the Director; Collection Strategies Division, U.S. Environmental Protection Agency (2822),1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Utilization Form to this address. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) Page 63 of 76 Attachment. B OMI3 Control No. 2090-0030 Approved: 05/01/2008 ' Approval Expires; 01131120Il Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form NAME OF SLJBCONTRACrORi PROJECT' NAME High -Tech Land and GP5 Surveyors, Inc. City of Lubbock, Canyon Lakes Reuse Project ADDRESS BID/PROPOSAL NO. 3330 70th St., Lubbock TX 79413 TELEPHONE NO. E-MAIL ADDRESS (806)788-0020 gpourveyseaal.aom PRIM CONTRACTOR NAME Alan Plummer Associates, Inc. CONTRACT ITEM OF WORK OR DI3SCRIPITON OF SERVICES $ID TO PRICE OP WORK5U8MITI'i?i7 TO ITEM NO. PRIME PRIME CONTRACTOR Phase 2 Task 2.1 Hnginsering Design Services: provide topographic $10,000.00 survey of the proposed pipeline route and corridor to identify utility interferences, conflicts with structures, and other physical features that may impact the pipeline design. Deliver survey results as a TIN file, point file, DEM file, and if using AutoCAD, use the •aTransmit" function to export the survey files. Currently certified as an MBE or under EPA'8 DBE Program? Yes x* No Signature of Prime Contractor r Date January 13, 2009 Priittmme Hobert F_ Adamm Associate �/ 1 ]Title Signature of Subcontractor tl,�f� P1 �L 1 ," Date 7 AN U ARY 13 ;2009 Print Name Melissa K. Watkins Title President *Note that High -Tech Land and GPS Surveyors, Inc., is currently certified as a DEE with other agencies. 'Subcontractor is defined as a company, firm, joint venture, or individual who eaters Into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (DBE Subcontractor Performance Farm) Page 64 of 76 Attachment B Envirorumental Protection Agency 0M9 Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: M/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifbNn (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide inforntation to or for a Federal agency. This includes the time needed to review instructions; develop, aoquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 2040. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Performance Form to this address. EPA FORM 6100-3 (DBE Subcontractor Performance Form) Page 65 of 76 Attachment B OMB Control No: 20904mo Approved: 05101/ 2008 Approval Expires: 01/31/2011 reft Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form NAME OF SUBCONTRACTOR1 PROJECT NAME Terra Testing, Inc. City of Lubbock, Canyon Lakes Reuse Project ADDRESS BTD/PROPOSAL NO. 5208 34th St., Lubbock TX 79490 TELEPHONE NO. E-MAIL ADDRESS (806)793-4767 ajitgQterra-eng.com PRIME CONTRACTOR NAME Alan Plummer Associates, Inc. CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRICE OF WORK SUBMITTED TO ITEM NO. PRIME PRIME CONTRACTOR Phase 2 Task 2.1 Engineering Design Services: provide geotechnical $5,000.00 investigation services along proposed pipeline corridor to identify subsurface conditions for trenching and pipe bedding, and presence of groundwater. Provide information and recommendations regarding trench stability, dewatering, and backfill. Currently certified as an MBE or WBEAinder El'A's DBE rogram? Yes X* No Signature of Prime Contractor Date January 13, 2009 Print Name Robert F. Adams tle Associate Signature of Subcontractor ";p4A^ Date Z/ Print Name A-�7 / % .—Title *Note that. Terra Testing, Inc. is currently certified as a DBE with other agencies. 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (]CBE Subcontractor Performance Form) Page 66 of 76 Attachment B OMB Control No: 2090-0030 Approved: 05/01/ 2008 Approval Expires: 01/31/2011 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Performance Form to this address. EPA FORM 6100-3 (DBE Subcontractor Performance Form) Page 67 of 76 Attachment C Resolution No. 2009—RO137 REQUIRED EPA GRANT PROVISIONS UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 MODEL CONTRACT CLAUSE As used herein, the terms "recipient" and "owner" shall have the same meaning as "City", and term "contractor" shall have the same meaning as "Engineer". 1. SUPERSESSION The recipient and the contractor agree that this and other appropriate clauses in 40 CFR 31.36(i) apply to that work eligible for EPA assistance to be performed under this contract and that these clauses supersede any conflicting provisions of this contract. 2. PRIVITY OF CONTRACT This contract is expected to be funded in part with funds from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is, or will be, a parry to this contract or any lower tier contract. This contract is subject to the applicable EPA procurement regulations in effect on the date of the assistance award for this project. 3. CHANGES (a1 The following clause applies only to contracts for construction. (1) The recipient may at any time, without notice to any surety, by written order, make any change in the work within the general scope of the contract, including but not limited to changes: (i) In the specifications (including drawings and designs); (ii) In the time, method or manner of performance of the work; (iii) In the recipient -furnished facilities, equipment, materials, services or site, or (iv) Directing acceleration in the performance of the work. (2) A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the recipient which causes any change, provided the contractor gives the recipient written notice stating the date, circumstances and source of the order and that the contractor regards the order as a change order. (3) Except as provided in this clause, no order, statement or conduct of the recipient shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. Page 68 of 76 Attachment C (4) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work under this contract, whether or not changed by any order, the recipient shall make an equitable adjustment and modify the contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case of defective specifications for which the recipient is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. (5) If the contractor intends to assert a claim for an equitable adjustment under this clause, the contractor must, within 30 days after receipt of a written change order under paragraph (a)(1) or the furnishing of a written notice under paragraph (a)(2), submit a written statement to the recipient setting forth the general nature and monetary extent of such claim. The recipient may extend the 30-day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause. (6) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (h) The following clause applies only to contracts for services. (1) The recipient may at any time, by written order and without notice to the sureties, make changes within the general scope of this contract in the services or work to be performed. If such changes cause an increase or decrease in the contractor's cost or time required to perform any services under this contract, whether or not changed by any order, the recipient shall make an equitable adjustment and modify this contract in writing. The contractor must assert any claim for adjustment under this clause in writing within 30 days from the date it receives the recipient's notification of change, unless the recipient grants additional time before the date of final payment. (2) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (3) No services for which the contractor will charge an additional compensation shall be furnished without the written authorization of the recipient. (c) the following clause applies only to contracts for supplies. (1) The recipient may at any time, by written order and without notice to the sureties, make changes within the general scope of this contract in any one or more of the following: (i) Drawings, designs or specifications where the supplies to be furnished are specifically manufactured for the recipient; (ii) Method of shipment or packing; and (iii) Place of delivery. Page 69 of 76 Attachment C (2) If any changes cause an increase or decrease in the cost or time required to perform any part of the work under this contract, whether or not changed by such order, the recipient shall make an equitable adjustment in the contract price or delivery schedule, or both, and modify the contract in writing. The contractor must assert any claim for adjustment under this clause within 30 days from the date the contractor receives the recipient's notification of change. If the recipient decides that the facts justify such action, the recipient may receive and act upon any such claim asserted at any time before final payment under this contract. where the cost of property made obsolete or excess as a result of a change is included in the contractor's claim for adjustment, the recipient has the right to prescribe the manner of disposition of such property. Nothing in this clause shall excuse the contractor from proceeding with the contract as changed. (3) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. 4. DIFFERING SITE CONDITIONS The folloELng clause applies only to construction contracts. (a) The contractor shall promptly, and before such conditions are disturbed, notify the recipient in writing of- (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. (b) The recipient shall promptly investigate the conditions. If it finds that conditions materially differ and will cause an increase or decrease in the contractor's cost or the time required to perform any part of the work under this contract, whether or not changed as a result of such conditions, the recipient shall make an equitable adjustment and modify the contract in writing. (c) No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in paragraph (a) of this clause. However, the recipient may extend the time prescribed in paragraph (a). (d) No claim by the contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. 5. SUSPENSION OF WORK The following clause applies only to construction contracts. (a) The recipient may order the contractor in writing to suspend, delay or interrupt all or any part of the work for such period of time as the recipient may determine to be appropriate for the convenience of the recipient. Page 70 of 76 Attachment C (b) If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the recipient in administration of this contract, or by the recipient's failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), the recipient shall make an adjustment for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the subagreement in writing. However, no adjustment shall be made under this clause for any suspension, delay or interruption to the extent (1) that performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the contractor, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the contractor notified the recipient in writing of the act, or failure to act, involved (this requirement does not apply to a claim resulting from a suspension order), and (2) unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension, delay or interruption, but not later than the date of final payment under the contract. 6. TERMINATION (a) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. (b) This contract may be terminated in whole or in part in writing by the recipient for its convenience, provided that the contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. (c) If termination for default is effected by the recipient, an equitable adjustment in the price provided for in this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the recipient because of the contractor's default. If termination for default is effected by the contractor, or if termination for convenience is effected by the recipient, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments which had become firm prior to the termination. Page 71 of 76 Attachment C (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the recipient all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the contractor in performing this contract, whether completed or in process. (e) Upon termination under paragraphs (a) or (b) above, the recipient may take over the work and may award another parry a contract to complete the work under this contract. (f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the recipient. In such event, adjustment of the subagreement price shall be made as provided in paragraph (c) of this clause. 7. REMEDIES This clause applies only to contracts over 2s 000. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the recipient and the contractor arising out of, or relating to, this contract or the breach of it will be decided, if the parties mutually agree, by arbitration, mediation, or other alternative dispute resolution mechanism; or in a court of competent jurisdiction within the State in which the recipient is located. 8. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA [NOTE - The following clause applies to (1) any contract negotiated between the recipient and its contractor in excess of $100, 000; (2) negotiated contract amendments or change orders in excess of $100,000 affecting the price of a formally advertised, competitively awarded, fixed price contract, or (3) any lower tier contract or purchase order in excess of $100,000 under a contract other than a formally advertised, co petitively awarded, ,fixed price contract This clause does not apply to contracts awarded on the basis of effective price competition.] (a) The contractor and subcontractor, where appropriate, assure that the cost and pricing data submitted for evaluation with respect to negotiation of prices for negotiated contracts, lower tier contracts and change orders is based on current, accurate and complete data supported by their books and records. If the recipient or EPA determines that any price (including profit) negotiated in connection with this contract, lower tier contract or amendment thereunder was increased by any significant sums because the data provided was incomplete, inaccurate or not current at the time of submission, then Page 72 of 76 Attachment C such price or cost or profit shall be reduced accordingly and the recipient shall modify the contract in writing to reflect such action. (b) Failure to agree on a reduction shall be subject to the remedies clause of this contract. [NOTE - Since the contract is subiect to reduction under this clause by reason of defective cost or pricing data submitted in connection with lower tier contracts, the contractor may wish to include a clause in each lower tier contract requiring the lower tier contractor to appropriately indemnify the contractor. It is expected that any lower tier contractor subject to such indemnification will generally require substantially similar indemnification for defective cost and pricing data submitted by lower tier contractors.) 9. AUDIT: ACCESS TO RECORDS (a) The contractor shall maintain books, records, documents and other evidence directly pertinent to performance on EPA funded work under this contract in accordance with generally accepted accounting principles and practices consistently applied, and the applicable EPA regulations in effect on the date of execution of this contract. The contractor shall also maintain the financial information and data used in the preparation or support of any cost submission required under applicable regulations for negotiated contracts or change orders and a copy of the cost summary submitted to the recipient. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the recipient, and [the State] or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The contractor will provide proper facilities for such access and inspection. (b) If this is a fixed price contract awarded through sealed bidding or otherwise on the basis of effective price competition, the contractor agrees to make paragraphs (a) through (g) of this clause applicable to all negotiated change orders and contract amendments affecting the contract price. In the case of all other types of prime contracts, the contractor agrees to make paragraphs (a) through (g) applicable to all contract awards in excess of $10,000, at any tier, and to make paragraphs (a) through (g) of this clause applicable to all change orders directly related to project performance. (c) Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). (d) The contractor agrees to disclose all information and reports resulting from access to records under paragraphs (a) and (b) of this clause to any of the agencies referred to in paragraph (a). (e) Records under paragraphs (a) and (b) above shall be maintained by the contractor during performance on EPA assisted work under this contract and for the time periods Page 73 of 76 Attachment C specified in 40 CFR part 31. In addition, those records which relate to any controversy arising under an EPA assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the contractor for the time periods specified in 40 CFR part 31. (f) Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph (a) of this clause shall have access to records at any reasonable time for as long as the records are maintained. (g) This right of access clause applies to financial records pertaining to all contracts (except for fixed price contracts awarded through sealed bidding or otherwise on the basis of effective price competition) and all contract change orders regardless of the type of contract, and all contract amendments regardless of the type of contract. In addition this right of access applies to all records pertaining to all contracts, contract change orders and contract amendments: (1) To the extent the records pertain directly to contract performance; (2) If there is any indication that fraud, gross abuse or corrupt practices may be involved; or (3) If the subagreement is terminated for default or for convenience. 10. COVENANT AGAINST CONTINGENT FEES The contractor assures that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this assurance, the recipient shall have the right to annul this agreement without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11. GRATUITIES (a) If the recipient finds after a notice and hearing that the contractor or any of the contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of the recipient, the State or EPA in an attempt to secure a contract or favorable treatment in awarding, amending or making any determinations related to the performance of this contract, the recipient may, by written notice to the contractor, terminate this contract. The recipient may also pursue other rights and remedies that the Iaw or this contract provides. (b) In the event this contract is terminated as provided in paragraph (a), the recipient may pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and as a penalty, in addition to any other damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the recipient) which shall be not Iess than three nor more than Page 74 of 76 Attachment C ten times the costs the contractor incurs in providing any such gratuities to any such officer or employee. 12. BUY AMERICAN This clause applies only to construction contracts award under 40 CFR Part 35, Subparts E and L In accordance with Section 215 of the Clean Water Act (33 U.S.C. 1251 et. seq.) and 40 CFR 31.36(c)(5), the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors, materialmen and supplies in the performance of this contract. 13. RESPONSIBILITY OF THE CONTRACTOR [a) The following clause applies only to subagreements for services. (1) The contractor is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by the contractor under this contract. If the contract involves environmental measurements or data generation, the contractor shall comply with EPA quality assurance requirements in 40 CFR 31.45. The contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his designs, drawings, specifications, reports and other services. (2) The contractor shall perform the professional services necessary to accomplish the work specified in this contract in accordance with this contract and applicable EPA requirements in effect on the date of execution of the assistance agreement for this project. (3) The owner's or EPA's approval of drawings, designs, specifications, reports and incidental work or materials furnished shall not in any way relieve the contractor of responsibility for the technical adequacy of his work. Neither the owner's nor EPA's review, approval, acceptance or payment for any of the services shall be construed as a waiver of any rights under this agreement or of any cause for action arising out of the performance of this contract. (4) The contractor shall be, and shall remain, liable in accordance with applicable law for all damages to the owner or EPA caused by the contractor's negligent performance of any of the services furnished under this contract, except for errors, omissions or other deficiencies to the extent attributable to the owner, owner -furnished data or any third party. The contractor shall not be responsible for any time delays in the project caused by circumstances beyond the contractor's control. (5) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this contract or State law and in no way diminish any other rights that the owner may have against the contractor for faulty materials, equipment or work. Page 75 of 76 Attachment C @) The following clause applies only to contracts for construction. (1) The contractor agrees to perform all work under this contract in accordance with this agreement's designs, drawings and specifications. (2) The contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The owner shall promptly give notice to the contractor of observed defects. In the event that the contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the owner may do so and charge the contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. (3) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this contract or State law and in no way diminish any other rights that the owner may have against the contractor for faulty materials, equipment or work. 14. FINAL PAYMENT Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the contractor shall execute and deliver to the owner a release of all claims against the owner arising under, or by virtue of, this contract, except claims which are specifically exempted by the contractor to be set forth therein. Unless otherwise provided in this contract, by State law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon termination of this contract shall not constitute a waiver of the owner's claims against the contractor or his sureties under this contract or applicable performance and payment bonds. R/Alao Plummer US Envirou. Clause 040108 ProfessionalServicesAgreement-Plummer Final.doc Page 76 of 76 Resolution No. 2009-RO137 XP - 96629501 - 1 Page 1 ASSISTANCE ID NO. NVDSrA �+ U.J. ENVIRONMENTAL DATE OF AWARD PRG DOC ID AMEND# xP - 96629501 - 1 .110 A PROTECTION AGENCY 08124r2010 TYPE OF ACTION MAILING DATE 1W IlpACIO-161 No Cost Amendment 08/2412010 Assistance Amendment PAYMENT METHOD: ACH# RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: City of Lubbock City of Lubbock PO Box 2000 PO Box 2000 Lubbock, TX 79457 Lubbock, TX 79457 EIN: 75-6000590 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Aubrey Spear Henry Liao Jeraldine Englerth PO Box 2000 1445 Ross Avenue, Suite 1200, 6WQ-AP Grant Programs Section 6MD-CG Lubbock, TX 79457 Dallas, TX 75202-2733 E-Mail: Englerth.Jeraldine@epamail.epa.gov E-Mail: ASpear@mail.ci.lubbock.tx.us E-Mail: Liao.Henry@epamaii.epa.gov Phone:214-665-7402 Phone:806-775-2585 Phone:214-665-7149 PROJECT TITLE AND EXPLANATION OF CHANGES Canyon Lakes Water Reuse Project This amendment extends the Budget and Project period to 08/31/2012. Additional time is needed to complete the project, delay caused by professional services procurement and project site accessibility. Administrative Conditions have been updated and added. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 09/01/2006 - 08/31/2012 09/01/2006 - 0$131r2012 $1,399,637.00 $1,399,637.00 NOTICE OF AWARD Based on your application dated 05125J2006, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $. EPA agrees to cost -share 55.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $769,800. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION r ADDRESS ORGANIZATION I ADDRESS Grant Programs Section, 6MD-CG U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Water Quality Protection Division (6WQ) Dallas, TX 75202-2733 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official Jerri Englerth, Grants Specialist 08/24/2010 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION 51GNAE�" <- /s'ws TYPED NAME AND TITLE T ! ��'! �,�. Honorable Tom Martin, Mayor, City of Lubbock EPA Funding Information XP - 96629501 - 1 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 769.800 $ $ 769,800 EPA In -Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 629,837 $ $ 629,837 State Contribution $ 0 $ $ 0 Local Contribution $ 0 $ $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 1,399,637 $ 0 $ 1,399,637 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.202 - Congressionally Mandated Projects Consolidated Appropriations Act of 2005 (PL 108-447) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation 1 Deobligation XP - 96629501 - 1 Page 3 Approved Budget Program Element Classification (Construction) Approved Allowable Budget Period Cost 1. Administration Expense $0 2. Preliminary Expense $0 3. Land Structure, Right Of Way $0 4. Architectural Engineering Basic Fees $540,888 5. Other Architectural Engineering Fees $0 6. Project Inspection Fees $0 7. Land Development $0 8. Relocation Expenses $0 9. Relocation Payments to Individuals R Bus. $0 10. Demolition and Removal $0 11. Construction and Project Improvement $858,749 12. Equipment $0 13. Miscellaneous $0 14. Total (Lines 1 thru 13) $1,399,637 15. Estimate Income $0 16. Net Project Amount (Line 14 minus 15) $1,399,637 17. Less: Ineligible Exclusions $0 18. Add: Contingencies $0 19. Total (Share: Recip 45,00% Fed 55.00%) $1,399,637 20. TOTAL APPROVED ASSISTANCE AMOUNT $769,800 Resolution No. 2009—RO137 XP - 96629501 - 1 Page 4 Administrative Conditions the following Administrative Conditions are updated: 5. Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit an annual Federal Financial Report (SF-425) to EPA no later than 90 calendar days following the end of the reporting quarter. The following reporting period end dates shall be used for interim reports: 3/31, 6/30, 9/30, or 12/31. At the end of the project, the recipient must submit a final Federal Financial Report to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at http://www.epa.gov/ocfo/finservices/fon-ns.litm. All FFRs must be submitted to the Las Vegas -Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by Fax to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with this term and condition. 8. In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit a copy of the SF -SAC and a Single Audit Report Package. For fiscal periods 2002 to 2007 recipients are to submit hardeopy to the following address: Federal Audit Clearinghouse 1201 East 10`h Street Jeffersonville, IN 4713? For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF -SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete information on how to accomplish the 2008 and beyond Single Audit Submissions you will need to visit the Federal Audit Clearinghouse Web site: http://harvester.census.�,,ov/fac/ 10. Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (fonnerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(1) or 30.27(b). The following Administrative Conditions are added: 19. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 20. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk. 21. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized to tenminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the perfonnancc of the award or subawards under the award. Programmatic Conditions All Programmatic Conditions Remain the Same