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HomeMy WebLinkAboutResolution - 2019-R0203 - HDR Engineering - 06/11/2019 Resolution No. 2019-R0203 Item No. 6.3 June 11, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Service Contract for consulting services for the Hancock Land Application Site and the Lubbock Land Application Site, by and between the City of Lubbock and HDR Engineering, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 11 _ , 2019. DANIEL M. POPh, MAYOR ATTEST: '1Q'0 d/j.' " �— Rebe ca Garza, City Secret t"N") APPROVED AS TO CONTENT: ,j Aubrey A. Spar, P.E., Dir etor of Water Utilities APPROVED AS TO FORM: r-- Amy L. eputyney RES.PS Contract-HDR(5-24-19) Resolution No. 2019-R0203 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract" or"Agreement") #14300, effective as of the 1 1 thday of j11nc� 2019 (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc. ("ENGINEER"), a Nebraska corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to subsurface hydrologic investigation, data evaluation, modeling, reporting, and remediation engineering (the "Activities" or"Project"); and WHEREAS, ENGINEER has a professional staff experienced in, and is qualified to provide, professional engineering services and geoscience consulting related to the Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and ENGINEER to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering services and geoscience consulting related to the Activities and ENGINEER desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 16 months, as set forth in Exhibit"A", attached to and made a part of this Agreement for all purposes. If the ENGINEER determines that additional titne is required to complete the Services, the Director of Water Utilities may, but is not obligated to, in his discretion, Groundwater Remediation Evaluation at Land Application Sites Page I of 20 execute an agreement to grant up to an additional six (b) months oFtime so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE II. SERVICES AND COMPENSATION A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit"A", attached hereto (the"Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Exhibit"B". ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of tennination as provided herein. B. Termination and Remedies. In the event ENGINEER materially breaches any term and/or provision of this Contract and fails to cure within 10 days after notice of same, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and all remedies shall be cumulative. ARTICLE IV. NON-ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict Groundwater Remediation Evaluation at Land Application Sites Page 2 of 20 between this provision and another provision in, or related to, this Contract, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. ENGINEER is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms hereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including without limitation, the applicable laws, regarding the Activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard ofcare, skill and diligence normally provided by a professional person in performance of similar professional engineering services in Texas, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify Groundwater Remediation Evaluation at Land Application Sites Page 3 of 20 and hold City harmless from all liability or loss caused to City or to which City is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF SERVICES ENGINEER shall accomplish the following: Professional Engineering Services related to the Project, as defined and provided in Exhibit "A," "Scope of Services". ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. ENGINEER has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Services under this Agreement, Engineer and Engineer's employees and/or subconsultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or 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 Groundwater Remediation Evaluation at Land Application Sites Page 4 of 20 oFA-VII or better. All policies will be written on per occurrence basis except Professional Liability, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Per Claim: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Engineer shall further cause any approved subcontractor or subconsultant 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 or subconsultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force Groundwater Remediation Evaluation at Land Application Sites Page 5 of 20 and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than ten (10) years after the completion of work specified in the Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit"A", attached hereto, under this Contract, provided that City approves the retaining of Subconsultants. The City hereby approves the retention of the "HDR Team" as described in Exhibit "A," attached hereto. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. ENGINEER represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY ENGINEER shall retain all information received from or concerning the City and the City's business in confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. It is hereby agreed that the following information is not considered to be confidential under this Agreement: a) Information already in the public domain; Groundwater Remediation Evaluation at Land Application Sites Page 6 of 20 b) Information disclosed to ENGINEER by a third party who is not Linder a confidentiality obligation; C) Information developed by or in the custody of ENGINEER related to work with clients before entering into this Agreement; and d) Information developed by ENGINEER through its work with other clients ARTICLE XI. INDEMNITY ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, roles and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ENGINEER is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by Groundwater Remediation Evaluation at Land Application Sites Page 7 of 20 (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or(3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. ENGINEER 's Address. ENGINEER's address and numbers for the purposes of notice are: HDR Engineering, Inc. Attn: Paula Jo Lemonds, P.E., PG 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5127 Facsimile: (512) 912-5158 paula.lemonds@hdrinc.com C. City's Address.The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Aubrey A. Spear, P.E. P. O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2585 Facsimile: (806) 775-3027 aspear@mylubbock.us D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. Groundwater Remediation Evaluation at Land Application Sites Page 8 of 20 ARTICLE XIV. CITY-PROVIDED DATA City shall furnish ENGINEER non-confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract(the "Provided Data"). ENGINEER shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties'convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. ENGINEER shall provide access to its books and records for time-based and reimbursable expenses to the City. The City may audit, at its expense and during normal business hours, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. Neither party may assign this Contract without the prior written approval of the other party. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, their permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. TI-IIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF Groundwater Remediation Evaluation at Land Application Sites Page 9 of 20 LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. I. Entire Agreement. This Contract, including Exhibits"A" and "B", attached hereto, contains the entire agreement between the City and ENGINEER, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal —agent relationship between ENGINEER and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by ENGINEER as part of the Services hereunder, with the exception of those standard details and specifications regularly used by the ENGINEER in its normal course of business, shall become the property of the City when ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. Any reuse or modification of such Documents for purposes other than those intended by ENGINEER herein shall be at City's sole risk and without liability to the ENGINEER. L. Notice of Waiver. A waiver by either City or ENGINEER of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. Groundwater Remediation Evaluation at Land Application Sites Page 10 of 20 M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and ENGINEER. N. Non- Appropriation. All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non- appropriation of funds by the City Council of the City of Lubbock for the services provided under this Contract,the City will terminate this Contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this Contract is spent, whichever event occurs first (the "Non- Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the ENGINEER on thirty(30)days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Contract beyond the Non-Appropriation Date. O. No Boycott of Israel. The ENGINEER warrants that in complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by Verifying that: (1) The ENGINEER does not boycott Israel; and (2) The ENGINEER will not boycott Israel during the term of the Agreement. Groundwater Remediation Evaluation at Land Application Sites Page l I of 20 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: keb cca Garza, City Secreta y A7;V AS TO CONT400"r Aubrey A. SpI P.E., DireWater Utilities APPROVED AS TO M: !� Amy ssistan tty Attorney HDR Engineering, Inc. S1��"-2,g Shay lls Roalson, P.E., Vice President Groundwater Remediation Evaluation at Land Application Sites Page 12 of 20 EXHIBIT A GROUNDWATER REMEDIATION EVALUATION AT LAND APPLICATION SITES SCOPE OF SERVICES BACKGROUND The City of Lubbock has utilized treated wastewater effluent for irrigation at the Lubbock Land Application Site(LLAS) since, at least, the 1930's, and at the Hancock Land Application Site (HLAS) since the 1980's. As early as 1968,the City became aware of a water table mound beneath LLAS. This groundwater also contained high levels of nitrate nitrogen. In the 1970's, the City began pumping groundwater from the water table mound into the Jim Bertram Lake System (JBLS) as part of a remediation program. The remediation program was formalized in the late 1980's in response to an Agreed Order between the City and the Texas Commission on Environmental Quality(TCEQ). In 2009, the Agreed Order was closed and the requirements became part of the Southeast Water Reclamation Plant (SEWRP)operating permit. The City's current permit requires them to conduct semi-annual sampling at approximately 140 wells at LLAS and 40 wells at HLAS. These data are collected by City of Lubbock personnel, and are reported to TCEQ in an annual report for each site in late May. Per permit, a groundwater model was developed to estimate groundwater elevations and quality for the next five years. This modeling has been conducted since 2002. PROJECT SCOPE OF WORK To accomplish the project purpose, it is expected that the following tasks will be completed. Task 1. Review of Past Work and Plan for Future Work Task 1.1 Review of Previous Work The HDR Team will complete a review of data collection, processing and management, and reporting that has been achieved in recent years.This review will include any comments provided by TCEQ staff. This task will include face-to-face meeting with City staff to discuss the past approach in addressing the permit requirements and to identify any potential improvements. To better understand the City's goals, the HDR Team and City staff will identify the short-term and long-term objectives with regard to the LLAS and HLAS sites and effluent management and reuse. City will provide the HDR Team with necessary data for review. Task 1.2 Permitting Analysis The HDR Team will assess how the TCEQ permit compliance might be made more cost- efficient, and align with the City's long-term plan for use of reclaimed water. This analysis could prompt changes to the City's TPDES permits, including WQ0010353002 (SEWRP); Groundwater Remediation Evaluation at Land Application Sites Pabe 13 of 20 WQ0004599000 (JBLS), and Certificate of Adjudication No. 12-3705 authorizing impoundment and diversion from the Jim Bertram Lake System Deliverable: The results of Tasks 1.1 and 1.2 will be documented in a technical memorandum delivered to the City within three weeks of the initial meeting with the City. An electronic draft of the technical memorandum will be provided to the City for review. The HDR Team will respond to comments and prepare a final technical memorandum within ten business days of receiving the City's comments. The final technical memorandum will be delivered in electronic format. Task 2: Review, Validate, and Update Groundwater Model The HDR Team will review and validate the existing groundwater model and provide results in a technical memorandum. The HDR Team will update the groundwater model if, through review of the existing model, an update is found to be necessary. The City will provide supporting data and documentation. Task 2.1 Model Review The HDR Team will review the most recent version of the model and associated documentation with regard to model design, and recent recalibration and application. Task 2.2 Model Validation The HDR Team will conduct a model validation and assessment of the model's past performance and documentation and make suggestions to the City staff for updates or improvements. Model validation will be defined as verification that the model is performing as expected, consistent with its design objectives. The assessment will identify potential limitations and assumptions and assess their possible impact. This task will not include predictive simulations. Task 2.3 Model Update (Contingent Services) An update may be advisable if the modeling results are drifting too high or too low since the last calibration. If the current version of the groundwater model is no longer supported by its developer, the City may want to consider transferring the model inputs to the most recent version of MODFLOW/ MT31). Any suggested update or recalibration will be discussed with the City and TCEQ staff, as necessary. Groundwater model updates will be documented. Any groundwater model updates not related to the permit-required annual update of'the existing MODFLOW/MT3D model as described in Task 3.2 are considered Contingenl Services and will require written authorization from the City before proceeding. Deliverable: The results of this task will be documented in a technical memorandum delivered to the City. An electronic draft of the technical memorandum will be provided to the City for review. The HDR Tearn will respond to comments and prepare a final technical memorandum within ten business days of receiving the City's comments. The final technical memorandum will be delivered in electronic format. Groundwater Remediation Evaluation at Land Application Sites Page 14 of 20 Task 3: Prepare and Produce Annual Groundwater Reports for LLAS and HLAS HDR will prepare the annual Groundwater Report for each site as currently required by TPDES Permit No. WQ0010353002. The HDR Team will include the following components in the reports. • Static groundwater levels at all monitoring and recovery wells and a resulting water table map; • Laboratory results of groundwater sampling at all monitoring and recovery wells and a resulting nitrates concentration map; • Future effects of the remediation system as predicted by the groundwater model; • Volumes of groundwater routed through the Jim Bertram Lake System and applied for irrigation at other locations; • A summary of in-situ groundwater remediation activities, as applicable; • Planned alternations to cropping and water application plans resulting from water and nitrates balance models completed by the soil science consultant; o Coordination with current soil science consultant will be completed; • Recommended adjustments to the remediation system including optimal well locations. In preparing the annual reports, the I-IDR Team will provide the professional engineering services described below. Task 3.1 Data Management • Field data and water samples will be collected by City staff. Laboratory services will be provided by the City. • Water level and water quality data collected by City staff will be compiled and summarized into tables and maps. Data will include, at a minimum, water level, field water quality parameters, and well purging. Copies of laboratory reports will be included in the annual reports. • Preparation of current year surface (contour) maps of the water level elevations and nitrate concentrations; • Preparation of charts showing time trends of water levels and nitrates concentrations at individual monitor and recovery wells for at least the last five years; and • Discussion ofthe current results compared to available historical data. Task 3.2 Update Groundwater Model Predictive Simulations of the LLAS • Compile current year pumping and recharge data, format into the MODFLOW/MT3D model's grid, and load into the model; • Reformat groundwater level and nitrates data and enter into the model; • Update the model control parameters for a five-year predictive simulation; • Perform the predictive simulation, and export predictive water level and nitrate concentration maps; • Summarize the MODFLOW/MT3D modeling results into maps, tables and charts;and • Communicate findings to the City and the City's soil science consultant. Groundwater Remediation Evaluation at Land Application Sites Page 15 oF20 Task 3.3 Annual Reports • Prepare LLAS and HLAS annual reports with details of the data collection and the LLAS MODFLOW / MT3D groundwater model results. • Include background, summary discussions, and recommendations; and • Assist the City in responding to TCEQ comments related to the reports. Deliverables: • Conduct phone conference with supporting exhibits (draft graphs, maps, and/or tables)to review and communicate findings with City staff related to Task 3.2 prior to development of the annual reports. • Provide electronic drafts of the reports to the City for review. The HDR Team will respond to comments and prepare final reports within ten business days of receiving the City's comments. The final reports will be delivered in electronic format to the City. • Submit hard copy and electronic copy of reports to TCEQ Region 2, TCEQ's Compliance Monitoring Section, and TCEQ's Water Quality Assessment Team by May 31, 2020. • Deliver to City one electronic and one hard copy of TCEQ requests for information (RFI) responses submitted to TCEQ Task 4: Operations Analysis The HDR Team will provide continuing evaluation throughout the remainder of the year related to the remediation system at the LLAS. The following tasks will be completed. Task 4. 1 Review Remediation Work Plan The HDR Team will review the remediation work plans for both HLAS and LLAS with specific regard for frequency of data collection, current data analyses, and goals for groundwater treatment or alternate uses, and offer recommendations for updates to the work plans. An update of'the remediation work plans is not included as part of this scope of work and is considered Additional Services.for which a contract amendment and increase of fee will be required. Task 4.2 Remediation System Well Performance Assessment The I-IDR Team will assess the performance of the remediation system wells at LLAS and how this performance will impact the MODFLOW / MT3D model. This task will involve analysis of the system's SCADA records, including well productivity or lack of, compared to the existing groundwater model results. This analysis could prompt updates of the groundwater model.An update of the groundwater model is not included as part of*Task 4.2 and is considered Additional Services for which a contract amendment and increase of fee will be required. The scope and fee increase will be determined after the required model updates are identified. Task 4.3 SCADA System Evaluation The HDR Team will assess the existing SCADA system. This analysis could prompt updates, upgrades, or other related improvements to the system. HDR's assessment will include review of the existing SCADA software version and existing SCADA graphic screens. HDR will perform a SCADA inventory of the physical attributes and Groundwater Remediation Evaluation at Land Application Sites Page 16 of 20 quantities that constitute the SCADA system hardware components. This will include an assessment of existing installed hardware such as workstation(s), server(s) and network switches. HDR will also study the existing wireless communication from the SEWRP to various remote sites (facilities)that are connected to the SEWRP's SCADA system that enable the Plant to monitor and control various remote facilities. HDR will also access the current SCADA data management with respect to long term data storage and the Plant's use of historical data for trending and analysis. Design, installation or programming of any SCADA related improvements are not included as part of'this scope of work and are considered Additional Services for which a contract amendment and increase of fee will be required. Deliverable: The results of Tasks 4.1, 4.2 and 4.3 will be documented in a technical memorandum. HDR will include a SCADA Network Architecture diagram, which will show the main components of the SCADA system including remote sites and the communication between them. An electronic draft of the technical memorandum will be provided to the City for review. The HDR Team will respond to comments and prepare a final technical memorandum within ten business days of receiving the City's comments. The final technical memorandum will be delivered in electronic format. Should the scope of work and fee be amended to develop a remediation work plan, the updated remediation work plan will be developed as a separate document from this deliverable. Task 5. Present Findings to Staff The HDR Team will present project updates to the Water Utility staff as requested by the City. A PowerPoint presentation of the status of the project and conclusions of the work effort will be prepared. This scope of work anticipates that one member of the HDR Team will attend two presentations in Lubbock and be available to answer questions.Presentation to the Lubbock Water Advisory Commission (LW4Q will be considered Additional Services fi)r which a contract amendment and increase of fee will be required. Deliverables: • Attendance in Lubbock by one member of the HDR Team for two presentations to Water Utility staff. • PowerPoint presentation and any associated boards and visual aids, including handout packages for the meetings. Task 6. Project Administration,QA/QC and Communication HDR will lead a Project kickoff conference call during the two-week period following notice to proceed from the City. During the kickoff call, HDR and the City will: • Discuss the City's long-term plans for use of reclaimed water, • Discuss the City's plans for short-term and long-term management of HLAS and LLAS, • Review and establish milestone dates for completion of portions of this scope of work, Groundwater Remediation Evaluation at Land Application Sites Page 17 of 20 • Review invoicing requirements and timing, • Establish project communication protocols, • Identify data needs from the City and coordinate transfer of information, and • Review annual report format. Project administration and quality assurance/quality control (QA/QC) activities will be performed under this task. Groundwater Remediation Evaluation at Land Application Sites Page 18 of 20 EXHIBIT B GROUNDWATER REMEDIATION EVALUATION AT LAND APPLICATIONS SITES BUDGET CITY and ENGINEER have established a not-to-exceed fee of$274.500 to complete all services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. As estimated fees for each task are estimates only, CITY and ENGINEER agree to allow redistribution of funds between tasks as appropriate to allow flexibility in providing the needed services within the total not-to-exceed fee. Fees will be billed as total salary costs times a multiplier of 2.191 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. ENGINEER agrees to complete these services as delineated above. Should a change in Scope of Services or Time of Performance be necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of services. Task Description Budget 1 Review of Past Work and Plan for Future Work $ 27,700 2 Review, Validate, and Update Groundwater Model $ 61,300 2.3 Model Update (Contingent Services) $ 28,400 3 Prepare & Produce Annual Groundwater Reports for LLAS & HLAS $ 113,900 4 Operations Analysis $ 45,300 5 Present Findings to Staff $ 3,900 6 Project Administration, QA/QC and Communication $ 22,400 Total Base Services $ 246,100 Total Contingenl Services S 28,400 Total $ 274,500 Contingent Services: They HDR Team will not perform this task without prior authorization from the City. The current fee estimate of$28,400 is for budgetary purposes. ff the work effort is greater than, 28,=100, the HDR Team will notify the City and request additional fee through a contract amendment. Groundwater Remediation Evaluation at Land Application Sites Page 19 of 20 HOURLY RATE SCHEDULE Rates for January 1,2019 through December 31,2019 Specific Rates for Water Resources Engineering and Field Support I-IDR Engineering,Inc. Rate Range Job Titles&Classifications Principal $ 270.00 S 350.00 Engineers/Geologists Senior Water Resources Engineer/Senior Geologist/Project Manager $ 175.00 S 320.00 Water Resources Engineer(PE)/Geologist(PG) $ 135.00 S 225.00 Geologist(GIT)/Engineer(EIT) $ 125.00 S 200.00 Hydrologist $ 110.00 S 190.00 Environmental Scientists Senior Environmental Scientist $ 165.00 S 280.00 Environmental Scientist $ 100.00 $ 165.00 Field Staff Senior Field Technician $ 100.00 $ 150.00 Field Technician $ 50.00 $ 100.00 Technical/Support Staff GIS Analyst S 100.00 $ 180.00 GIS Technician II S 75.00 $ 160.00 Administrative II/Accountant $ 63.00 $ 170.00 Administrative I/Clerical S 47.25 $ 100.00 Rate Calculation Fees will be billed as total salary costs times a multiplier of 2.191 plus direct expenses.Salary costs are defined as direct labor rates plus fringe benefits. Direct expenses will be passed through directly to the City of Lubbock with no multiplier and include mileage (standard IRS reimbursable rate), lodging, Per Diem expenses, incidentals, and copier/plotting costs. *Note: The rates are for January 1,2019,through December 31,2019. Proposed new rates,in subsequent years,will be negotiated on an annual basis and will include cost-of-living escalation and other factors relevant at that time. Groundwater Remediation Evaluation at Land Application Sites Page 20 of 20