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HomeMy WebLinkAboutResolution - 2015-R0119 - Professional Services Contract: Halff Associates, Inc. (Stormwater Master Plan) - 04/09/2015Resolution No. 2015-R0119 April 9, 2015 Item No. 5.8 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 Services Contract to provide professional engineering services related to the Stormwater Master Plan, by and between the City of Lubbock and Halff Associates, 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. by the City Council on April 9, 2015 TTEST: / R613%TSON, MAYOR Garza, City AS TO CONTENT: L. Wood!�klin, P.E., Director of Public Works Michael G. Keenum, P.E., Stormwater Engineer AS TO FORM: Associates, Inc 3.25.15 Resolution No. 2015-R0119 PROFESSIONAL SERVICES CONTRACT (Task Order Basis) STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract' or "Agreement'), effective as of theqlb- day of April 2015 the "Effective Date"), is by and between the City of Lubbock (the "City'), a Texas home rule municipal corporation, and Halff Associates, Inc., a Texas corporation authorized to conduct business in Texas ("ENGINEER") . WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the Stormwater Master Plan (the "Activities" or "Project' which is described in Exhibit "A"); and WHEREAS, the City shall request such professional engineering services, and ENGINEER shall perform said services on a Task Order Basis, and WHEREAS, the City, from time to time, will request that CONSULTANT provide professional services for specific tasks or projects, which shall be defined and described in a written request from City, and each such engagement will be documented by a uniquely numbered or described Task Order. WHEREAS, ENGINEER has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering services related to the Activities and Engineer desires to provide the Services related to same and this Agreement shall set forth the general terms and conditions which shall apply to all Task Orders duly executed under this Agreement. NOW THEREFORE, for and in consideration of the terns, covenants and conditions set forth in this Contract, the City and ENGINEER hereby agree as follows: Professional Services Contract (Task Order Basis) - 2015 ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 1279 days. If the Engineer determines that additional time is required to complete the Services, or comply with the schedule identified in a particular Task Order, the City Engineer, may, but is not obligated to, in his discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE U. SERVICES AND COMPENSATION A. ENGINEER shall provide professional services related to the activities 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 "A", an amount to not exceed the sum of Five 5 Hundred Thousand and 00/100s ($500 000. Compensation for the Services will follow the rate schedule as provided in Exhibit `B", attached hereto (the "Rate Schedule"). C. ENGINEER shall prepare Task Orders with specific activities, within such timeframes, and within the specified compensation as set forth on Exhibit "D", attached hereto (the "Sample Task Order"). 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 termination, as provided herein. In no event shall the amount paid by the City exceed the amount set forth in Article II, Section B. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract, 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 remedies shall be cumulative. Professional Services Contract (Task Order Basis) - 2015 ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. 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 thereof. D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, 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 wan -ants 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 Professional Services Contract (Task Order Basis) - 2015 satisfy this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Services, as provided in Exhibit "A" and the specific scopes of work associated with executed task orders in Exhibit "D", attached hereto and made a part hereof. 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 sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. 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 sub -consultant 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: Professional Services Contract (Task Order Basis) - 2015 Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of ENGINEER herein, including without limitation, Professional Liability coverage, protecting City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. ENGINEER shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. 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 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 10 years after the completion of the Services provided for in this Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. Professional Services Contract (Task Order Basis) - 2015 ARTICLE DL EMPLOYMENT OF AGENTS/RETAIN'ING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or thud parties (any of which are referred to herein as "Sub -consultant'), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Sub -consultants. 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 Sub -consultant. Any agent and/or Sub -consultant 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 required to be carried by ENGINEER 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 strictest confidence and shall not reveal such information to thud parties without prior written consent of the City, unless otherwise required by law. 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 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. Professional Services Contract (Task Order Basis) - 2015 ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS ENGINEER shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this 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 (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: Halff Associates, Inc. Attn: Erin Atkinson, PE, CFM, GISP 4000 Fossil Creek Blvd. Fort Worth, TX 76137 Telephone: (817) 847-1422 Facsimile: (817) 232-9784 C. City's Address. The City's address and numbers for the purposes of notice are City of Lubbock Attn: Michael G. Keenum, PE, CFM P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2393 Facsimile: (806) 775-3074 Professional Services Contract (Task Order Basis) - 2015 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. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES A. Provision of 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. B. City's Responsibilities. The City is responsible for the matters as provided in Exhibit "C", attached hereto (the "City Responsibilities"). ARTICLE XV. NUSCELLANEOUS 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 corporate books and records 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. ENGINEER may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ENGINEER, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. Professional Services Contract (Task Order Basis) - 2015 F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS 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 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 circumstance, 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" through "D" 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, shall become the property of the City when ENGINEER has been compensated as set forth in Article H, above. The ENGINEER shall make copies of any and all work products for its files. 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. Professional Services Contract (Task Order Basis) - 2015 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 the Contract, the City will terminate the 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 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK APPROVED AS T ONTENT: L. Woo rankli , P.E., Director of Public Works Michael G. Keenum, RE, Stormwater Engineer ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO RM: Sims, Dep mty Attorney HALFF ASSO1LjATES, INC. Bye Name: Erin Atkinson, PE, CFM, GISP Title: Vice President Professional Services Contract (Task Order Basis) - 2015 Exhibit "A" City of Lubbock Stormwater Master Plan Services The services to be performed under this Contract are divided into the following activities identified in general as follows: 1. Program Management 2. Drainage Criteria Manual and Ordinances 3. Stormwater Modeling 4. Capital Improvement Planning 1 — Program Management: This activity of the Contract shall include, but is not limited to, services required for overall project management and stormwater program initiatives. Prepare general project communications plan, public outreach, scheduling/invoicing, status meetings, external stakeholder coordination, project quality assurance, and other tasks necessary to manage the overall project. Assist the City on tasks associated with the Federal Emergency Management Agency (FEMA) Community Rating System (CRS), alternate funding sources, development review processes, stormwater regulatory data improvements, and stormwater data and infrastructure maintenance planning. 2 — Drainage Criteria Manual and Ordinance• This activity of the Contract shall include, but is not limited to, services required for review and updates to the City's Drainage Criteria Manual and Ordinances. Review current Master Drainage Plan and Drainage Criteria Manual and provide recommendations on new technologies and approaches to help in the ongoing process of managing drainage analysis and development. Provide assistance to the City with implementation of recommendations and long-term policy planning. 3 — Stormwater Modeling: This activity of the Contract shall include, but is not limited to, services related to stormwater modeling. Develop a GIS based stormwater model inventory. Update hydrologic and hydraulic data to represent recent development for existing models. Analyze current models for impacts of revisions to system input on peak playa water surface elevations, base flood elevations, flow depth and top width for all prescribed rainfall events. Examine application and benefit of alternate modeling software(s) to model results and provide comparisons of available modeling software. Perform detailed studies of prioritized areas, assess the severity of flood risks and inform improvement priorities. Develop stormwater modeling guidance documentation and workflows. 4 — Capital improvement Planning: This task of the Contract shall include, but is not limited to, services related to capital improvement project planning and development. Perform a High-level review of frequent flooding / drainage issues. Conduct field visits in conjunction with limited desktop assessments Professional Services Contract (Task Order Basis) — 2015, Exhibit A to allow for a rapid assessment of drainage problems throughout the City. Assist the City to identify and rank proposed drainage capital improvement projects within each of the City's playa and drainage systems based on an approved ranking criteria. Prepare Drainage CIP total budget estimates for proposed improvements which may include studies, engineering design, and construction cost. Prepare a GIS Database that organizes the ranked Drainage CIPS so that they can be stored, recalled, and addressed over a specific time period. Compile drainage complaints and modeling results into a format that may be used by the City in daily operations to track existing and developing flooding issues and to manage the CIP program - Professional Services Contract (Task Order Basis) — 2015, Exhibit A Exhibit `B" City of Lubbock Stormwater Master Plan Rate Schedule Professional Services Contract (Task Order Basis) — 2015, Exhibit B Hourly Rate ($/hr) Rate Category Min Max Principal In Charge (PIC) $290 $390 ENGINEER 8 $250 $290 ENGINEER 7 $210 $250 ENGINEER 6 $185 $210 ENGINEER 5 $160 $185 ENGINEER 4 $140 $160 ENGINEER 3 $125 $140 ENGINEER 2 $110 $125 ENGINEER 1 $90 $110 GISS $140 $160 GIS4 $120 $140 GIS 3 $100 $120 GIS 2 $80 $100 GIS 1 $65 $80 CAD 3 $100 $125 CAD 2 $75 $100 CAD 1 $50 $75 SURVEYOR 4 $145 $160 SURVEYOR 3 $110 $145 SURVEYOR 2 $90 $110 SURVEYOR 1 $75 $90 SURVEY CREW (2 or 3 MAN) $155 $175 IT DEV 4 $135 $150 IT DEV 3 $115 $135 IT DEV 2 $95 $115 IT DEV 1 $80 $95 ADMIN 5 $125 $150 ADMIN 4 $100 $125 ADMIN 3 $85 $100 ADMIN 2 $65 $85 ADMIN 1 $50 $65 INTERN $45 $55 Professional Services Contract (Task Order Basis) — 2015, Exhibit B Unit Description Unit Code Unit of Measure 5 per Unit REPRODUCTION Binding Booklets BINDBK Per Set $5.00 Binding Plans BINDPL Per Set $5.00 Blacklines BLUEPR Per Each $1.00 Copies and Scans — Legal and Letter / B&W COPY1 Per Sheet $0.10 Copies and Scans — Oversize (11x17) / B&W COPY2 Per Sheet $0.20 Copies and Scans — Legal and Letter/ Color COPY3 Per Sheet $0.75 Copies and Scans — Oversize (11 x17) / Color COPY4 Per Sheet $1.50 Foam Core Mount FCMNT Per Sq Ft $4.00 Plots — Full Size / B&W PLOT1 Per Plot $1.00 Plots — Full Size / Color PLOT2 Per Plot $15.00 Plots — Color —Sq Ft PLTCSF Per Sq Ft $2.50 Plots — B&W — Sq Ft PLTBSF Per Sq Ft $0.15 OTHER Burn CD / DVD CD Per Each $10.00 Delivery / Courier Out of Area DELIV2 Delivery $40.00 Web Based Application Server Hosting ITHOST Per Month $250.00 Travel Per Diem for Day Trip TRAVELI Per Person $500.00 Travel Per Diem for Overnight Trip TRAVEL2 Person Per $675.00 Unit Based Miles for eExpense EMILES Per Mile $0.575 ' Postage POSTGE Per Ounce $0.49" ' or current IRS rate " or current USPS rate Professional Services Contract (Task Order Basis) — 2015, Exhibit B Exhibit "C" City of Lubbock Stormwater Master Plan City Responsibilities The services to be performed by the City under this Contract are summarized as follows: 1. Attend Kick -Off and Status meetings to provide direction and feedback to the ENGINEER regarding deliverables. 2. Provide review of deliverables, as specified in each task order, and comments as needed. 3. Provide access to City Staff for coordination on Public Outreach strategies and goals. 4. Participate in visioning sessions to outline City goals and objectives for the overall Stormwater Department and how the Master Plan can support those goals. 5. Provide copies of the most current ordinances, manuals, and master drainage plan documents. 6. Provide digital copies of past studies, reports, master drainage plans, and related flooding and stormwater data from the City staff for the entire City. 7. Provide historical flood data documentation, photos, and account. 8. Provide rain gauge data collected at local fire stations and other City owned facilities, if applicable. 9. Provide access to City Staff, inspectors, and maintenance crews for interviews regarding known stormwater flooding, erosion, or water quality problems in the City. 10. Provide right -of -entry for ENGINEER to complete necessary field inspections of stormwater facilities and known flooding areas. 11. Provide access as needed to digital copies of all City owned stormwater digital data including GIS Shapefiles, aerial photos, LiDAR, etc. 12. Provide access to digital copies and hardcopies of all drainage complaints. Professional Services Contract (Task Order Basis) — 2015, Exhibit C Exhibit "D" City of Lubbock Stormwater Master Plan Sample Task Order This Task Order is made as of , 2015, under the terms and conditions established in the PROFESSIONAL SERVICES CONTRACT (Task Order Basis) between the City of Lubbock, Texas (City) and Halff Associates, Inc. (ENGINEER), dated (the Agreement). This Task Order is made for the following purpose, consistent with the Project defined in the Agreement: [Task Order Description]. Section A. - Scope of Services ENGINEER shall perform the following Services: The services performed by ENGINEER are described in Attachment _ to this Task Order #_ and fiilly incorporated herein. Section B. - Schedule ENGINEER shall perform the Services and deliver the related Documents (if any) according to the following schedule: Section C. - Compensation In return for the performance of the foregoing obligations, City agrees to pay to ENGINEER the amount of $ , payable in accordance with the Professional Services Contract (Task Order Basis) and Attachment to this Task Order # Professional Services Contract (Task Order Basis) — 2015, Exhibit D Section D. - City's Responsibilities In addition to the list of activities contained in Exhibit "C" of the Professional Services Contract (Task Order Basis), the City shall perform and/or provide the following: This task order does not waive the parties' responsibilities and obligations provided under the PROFESSIONAL SERVICES CONTRACT (Task Order Basis) between City and ENGINEER. IN WITNESS WHEREOF, City and ENGINEER have executed this Task Order. City of Lubbock, Texas Halff Associates, Inc. (City) Signature Name Title Date (ENGINEER) Signature Name Title Date Professional Services Contract (Task Order Basis) — 2015, Exhibit D Exhibit "Dl" City of Lubbock Stormwater Master Plan Task Order #1 This Task Order is made as of 2015, under the terms and conditions established in the PROFESSIONAL SERVICES CONTRACT (Task Order Basis) between the City of Lubbock, Texas (City) and Halff Associates, Inc. (ENGINEER), dated (the Agreement). This Task Order is made for the following purpose, consistent with the Project defined in the Agreement: Task Order 1 will initiate the planning phase of the City of Lubbock Stormwater Master Plan. The consultant will assist the City with Program Management visioning, Drainage Criteria Manual reviews and recommended updates, modeling inventory and sensitivity analysis, and Capital Improvement Planning through rapid assessment and inventory of drainage concerns. Section A. - Scope of Services ENGINEER shall perform the following Services: The services performed by ENGINEER are described in Attachment D 1 A to this Task Order #—I and fully incorporated herein. Section B. - Schedule ENGINEER shall perform the Services and deliver the related Documents (if any) according to the following schedule: The schedule of services performed by ENGINEER is presented in Attachment DIB to this Task Order # I and fully incorporated herein. Professional Services Contract (Task Order Basis) — 2015, Exhibit D I Section C. - Compensation In return for the performance of the foregoing obligations, City agrees to pay to ENGINEER the amount of $ 324.864 , payable in accordance with the Professional Services Contract (Task Order Basis) and Attachment DIA to this Task Order# 1 . Task/Description Estimated Budget 1. Program Management 1.1. Project Management 1.2. Program Management Tools $80,132 1.3. Public Outreach Strategy 1.4. Visioning 2. DCM and Ordinance 2.1. Initial Review 2.2. Benchmarking $31,484 2.3. Recommended Updates 3. Stormwater Modeling 3.1. Develop Model Inventory $109,820 3.2. Evaluation of Hydrologic Parameters 4. Capital Improvement Planning 4.1. Identify Stormwater Hot Spots 4.2. Perform Rapid Assessment $103,428 4.3. Drainage Complaint GIS Database 4.4. CIP Development Total Estimated Fee $324,864 Section D. - City's Responsibilities In addition to the list of activities contained in Exhibit "C" of the Professional Services Contract (Task Order Basis), the City shall perform and/or provide the following: No additional activities to Exhibit C are required Task Order #l. Professional Services Contract (Task Order Basis) — 2015, Exhibit Dl Exhibit "DIA" City of Lubbock Stormwater Master Plan Task Order #1 Scope of Work 1. PROGRAM MANAGEMENT 1.1 Project Management 1.1.1 Administration ENGINEER shall prepare and monitor schedule of work activities. Perform internal project control procedures on a monthly basis including schedule and budget control, quality control review, and monthly progress reports. 1.1.2 Meetings A project kick-off meeting will be held with all team members at the beginning of the project followed by a visioning discussion associated with Task 1.4. Subsequent project status meetings will be held with designated team members based on the current tasks being completed. Meeting minutes will be documented and distributed throughout the project. The Halff Program Manager shall conduct the project status meetings with the City's staff on a regular basis, approximately every four to six (4 to 6) weeks depending on the current tasks being performed, or at the request of the City. The project status meetings will: 1. Summarize previous work completed. 2. Outline and coordinate upcoming work tasks. 3. Receive comments and questions from City staff. 4. Document any project issues. Meetings will be held at significant project milestones with written documentation of each meeting provided. Correspondence and informal meetings will also be conducted on an as needed basis. In addition to the meeting minutes, all milestones and major decisions that require City approval will be tracked in a project decision and approval log. Meetings will be conducted in person orthrough web -conferencing with team members. ENGINEER will meet with the City up to six (6) times as part of the project management. Meetings associated with other project tasks will be coordinated with the project management meetings to the extent possible. Additional meetings, held via conference call or web -conferencing can be held as needed. Deliverable: Six (6) on-site meetings to discuss project status. 1.1.3 Invoicing ENGINEER will prepare monthly invoicing and work closely with the City on these submittals. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 1.1.4 Internal Halff Team Meetings ENGINEER will meet bi-weekly with internal team members throughout the project and also communicate via web -conferencing as needed. 1.1.5 Quality Management Plan and Quality Assurance/ Quality Control ENGINEER will develop a Quality Management Plan that will include the standard level of quality and the procedural framework for controlling major tasks in this task order and major tasks for Modeling, DCM/Ordinance Revisions, and Capital Improvement Planning anticipated in future modeling phases. Deliverable: Provide memorandum with quality Management Plan and Forms. 1.2 Program Management Tools Based on project goals and visioning, Halff will develop web -based project management tools. Halff will coordinate with the City to setup a Microsoft SharePoint site for the Stormwater Master Plan to share files and collaborate on document edits. The site will be established for internal team use and City staff with login credentials. The GIS database that will be developed during the course of the Stormwater Master Plan will also be hosted through a secured web map site and the Halff GIS iOS application. Deliverable: SharePoint site and web -based GIS project management tools. 1.3 Public Outreach Strategy ENGINEER will develop a strategy for Public Outreach. Tasks will include: 1) Develop alternatives to compile and analyze City Department feedback. Provide recommendation of preferred alternative; 2) Develop alternatives to compile and analyze Citizen/Stakeholder feedback. Provide recommendation of preferred alternative; 3) Develop a clear and consistent program message; 4) Develop alternatives for public outreach, including but not limited to, communication through print and electronic means, and public outreach meetings; 5) Identify polling/citizen survey firms and review their proposed scope of work for polling activities; 6) Establish baseline of public opinion/perception and identify methods to measure changes of opinion/perception over the life of the project; and 7) Prepare summary memorandum. Deliverable: Memorandum with Public Outreach Strategy. 1.4 Visioning 1) ENGINEER will facilitate a visioning session with City staff and key stakeholders from other city departments to refine the short-term goals and long-term vision for the City Stormwater Program. 2) This task will consist of two (2) meeting with City staff to establish the framework for the City Stormwater Program going forward and prioritize future phases and task orders. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 3) ENGINEER will prepare meeting agenda and coordinate with the City to select attendees. 4) ENGINEER will prepare meeting minutes and record action items to be distributed to attendees and key City staff. Deliverable: Memorandum summarizing the established goals and initiatives for the City Stormwater Program updates. Two (2) meetings to discuss visioning. 2. DRAINAGE CRITERIA MANUAL AND ORDINANCE UPDATES 2.1 Initial Review 1) ENGINEER will prepare a detailed review of the current Drainage Criteria Manual documentation and all City stormwater-related ordinances and design criteria, including the Subdivision Ordinance and Lakes, Waterways, and Floodplains Ordinance. 2) ENIGNEER will attempt to identify areas of discrepancy between the written policies and criteria of the City and the actual enforced regulations. 3) ENGINEER will meet with City staff. Meeting is intended to allow City staff to identify any written policies or criteria that limits the City's ability to effectively regulate development as intended. ENGINEER will discuss with the City any new policies that could include new data submittal requirements to assist the City with new development review procedures. Deliverable: One (1) meeting to discuss results of review and one (1) memorandum summarizing the results of the review 2.2 Benchmarking Based on Feedback from the City during the initial review and visioning sessions, ENGINEER will develop a list of benchmark cities and perform the following tasks: 1) Identify and research no more than five (5) Texas cities including special drainage districts and no more than two (2) national cities regarding their Stormwater Ordinances and Drainage Criteria Manuals for "benchmarking" exercises. 2) Research MS4 Permits that have implemented post -construction and interim bacteria reduction plan (IBRP) measures. 3) Provide summary table of key benchmarks, metrics, baseline conditions and/or strategies from the surveyed ordinances and manuals. 4) Obtain readily available government -related information on rules, laws, policies, that should be included in the revamped stormwater ordinance (i.e. EPA rules, changes in NFIP, Corps' permit policies, etc.). 5) Prepare comparison of current Stormwater-related ordinances content with the "best, most innovative and practical" ordinances from the benchmarking exercise. 6) Provide a final summary of benchmark results to the City. 7) Obtain feedback from the City in the form of a brief meeting with the City staff or by a letter of recommendation on path -forward ideas from the benchmark exercises. Deliverable: Benchmark Cities, Summary of Benchmark Criteria, Benchmark Comparisons, and Final Summary. One (1) meeting to discuss. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 3 2.3 Recommend Updates Based on the initial review, benchmarking exercise, visioning session, sensitivity analysis and City feedback, ENGINEER will prepare draft updates to Stormwater-related Ordinances and Drainage Criteria for City consideration. The draft revisions will be limited to short -polity updates. Revisions will not include significant reformatting or re -organization. This task will not include public outreach or stakeholders' meetings. Recommended updates will consider results from Task 3.2 Evaluation of Hydrologic Parameters and Rainfall Data. Meet with the City to discuss recommended updates and establish short-term and long-term policy updates. Based on meeting, ENGINEER will prepare final memorandum. Deliverable: Draft ordinonce%riteria updates and memorandum summarizing the short-term and long-term policy updates. One (1) meeting to discuss. 3. MODELING 3.1 Develop model inventory ENGINEER will collect past studies and reports, master drainage plans, and related flooding and stormwater data from the City staff for the entire City. ENGINEER will work with the City to design a comprehensive geodatabase for storing existing and future study information that is easily accessible from desktop and browser based applications. For the selected playa lake system, ENGINEER will prepare a complete model inventory and develop a list of criteria that will be used to evaluate and document the source and assumptions associated with all the collected models in the system. Model inventory will include date of model, terrain source, model assumptions, datums, etc. The inventory will include an established process and workflow for documenting other playa systems and integrating the supporting data with the ArcGIS database to expedite future model research and regulatory data references. 3.1.1 Research and Data Collection 1) Compile existing study, master drainage plan, and drainage report data 2) Inventory the collected data and document data formats (GIS, CAD, Excel, etc.) and modeling software used 3) When possible, document the scope and purpose of each study and report. 3.1.2 Design Inventory GIS Database 1) Review inventory of collected data, determine required GIS feature classes, attribute fields, and valid value domain lists 2) Prepare draft database design and present to the City 3) Address the City's comments and build the initial geodatabase using System C from the 2010 MDP as the case study. 3.1.3 Documentation and Training 1) Prepare geodatabase documentation 2) Develop workflow for incorporating additional data to the inventory Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 3) Demonstrate to the City how to use the database through the desktop GIS and web map environments Deliverable: ArcG/S Database and workflow for documentation of model inventory research. Database will be populated with the results of the model inventoryfor the selected playa lake system. 3.2 Evaluation of Hydrologic Parameters and Rainfall Data The research and evaluation of hydrologic parameters in the City's Drainage Criteria Manual to determine whether changes are needed to more accurately represent the City's rainfall probabilities and geophysical conditions for undeveloped and developed areas. Parameters will be evaluated to determine the impact to regulatory data. 3.2.1 Hydrologic Data Research 1) Compile and research published data and reports related to hydrologic parameters and rainfall data in the West Texas region. Hydrologic parameters researched will include curve numbers, impervious percentages, time of concentration, unit hydrograph methods, rainfall depths, rainfall durations, and rainfall distributions. Determine recommendations for hydrologic parameters that will be evaluated for updates and the range of variance for the parameter evaluations. 2) City will provide available records of historical rainfall events, flood photos, high water marks, rainfall gauges, or other relevant flood event data. ENGINEER will also utilize provided data and staff interviews from Task 4.1 Identification of Stormwater Hot Spots. 3) ENGINEER will compile readily available flood photos, field reports, and other historical flood data available internally and from previous projects. Deliverable, Memorandum referencing relevant published data and reports and hydrologic parameter ranges for evaluations 3.2.2 Historical Event Simulations Select up to three (3) playa lakes, with input from the City, for evaluation and sensitivity analysis. Run selected range of hydrologic parameters to determine incremental impacts on regulatory data. 1) City will provide existing HEC -HMS and HEC -RAS models for selected playa lakes. Lakes will include a combination of undeveloped and developed landuse. 2) ENGINEER will acquire historical rainfall data from City gauges and calibrated radar data to assist in the simulation of up to three (3) historical flooding events. 3) ENGINEER will execute historical flooding simulations using the original Master Drainage Plan modeling software packages, updated to the most current version of the software. 4) Calibrate hydrologic parameters based on historical simulations and recorded playa lake depths. 5) ENGINEER will evaluate the feasibility of a continuous simulation model to analyze playa hydrology and hydraulics for the entire historical rainfall record duration. This evaluation will include recommendations for tracking future flood event data to facilitate calibration efforts and model refinement. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 3.2.3 Sensitivity Analysis Utilizing the same three (3) playa lakes from the Historical Event Simulations, run selected range of hydrologic parameters from Task 3.2.1 Hydrologic Data Research memorandum to determine incremental impacts on regulatory data. 1) ENGINEER will evaluate playa lakes based on selected hydrologic parameter updates. 2) ENGINEER will incrementally vary the selected hydrologic parameters and rainfall data and record impacts to regulatory data. 3.2.4 Report and Documentation 1) Compile results and comparisons into a memorandum that includes relevant backup data and recommendations for hydrologic parameters and rainfall data updates. Recommendations will be considered as part of the Drainage Criteria Manual updates in Task 2.3. 2) ENGINEER will conduct up to two (2) meetings with the City to discuss preliminary and final results prior to the finalizing the memorandum. Deliverable: Summary memorandum with tables, figures, and report descriptions showing results of historical event simulations, calibrations, and sensitivity analysis. Memorandum will include recommendations for Drainage Criteria Manual updates for hydrologic parameters. Two (2) meetings to discuss. 4. CAPITAL IMPROVEMENT PLANNING 4.1 Identify Stormwater Hot Spots 4.1.1 Staff Interviews 1) ENGINEER will interview City staff to identify known flood, erosion, or water quality potential problems or concerns such as flooding damage, road overtopping, major erosion concerns and damage to City infrastructure 2) CITY staff includes Stormwater department employees, Stormwater inspectors, and Streets Department maintenance crews. 3) Information collected during interviews includes but is not limited to location and frequency of high water road closures, location and frequency of maintenance actions, location and frequency of high water assistance to residential or commercial facilities, routine channel and/or playa maintenance, and routine storm drain maintenance, estimated cost of damaged facilities and/or cost of routine maintenance for cost/benefit analysis. 4.1.2 Collect Data 1) ENGINEER will review City work order system for reported issues related to flooding, ponded water, or erosion. 2) ENGINEER will review previous studies and identify recommended improvements that have not been constructed to date. Prepare summary of return -event capacity by system from previous studies. 3) ENGINEER will document the results of the interviews and data collection. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 4.1.3 Perform Field Visits 1) Perform field visits of local problem areas documenting with photographs, sketches, and video existing stormwater infrastructure of these areas. 2) Perform drive through field visits along City streets to field verify presence of above ground features of the developed stormwater pipe network noting missing or new features. If new features are located, ENGINEER will request City to provide a copy of as -built plans for these systems or field surveys can be accomplished as Additional Service or in future phases of the Project. Deliverable: Summary memorandum documenting the identified stormwater hot spots. Three (3) days for field visits, two (2) with city staff. 4.2 Perform Rapid Assessment Perform a rapid assessment desktop analysis for the City of Lubbock and ETJ as a screening tool to identify flooding hot spots and ponding locations within the playa systems. Analysis will be performed using InfoWorks ICM and the City will be divided into a maximum of eight (8) analysis areas. The analysis areas will follow playa system boundaries, but some system will be combined to optimize the rapid assessment effort. ENGINEER will utilize the following data and methodology in executing desktop analyses: 1) Existing conditions land use assumptions from inspection of aerial photography provided by City and impervious area delineations developed during the Storm Water Utility Fee project; 2) Infiltration parameters will be defined using initial and constant loss methodology; 3) Existing 1 -foot LiDAR topographic information provided by City will be used to create a ground surface mesh. Triangle size will be adjusted to provide adequate resolution without breaklines; 4) Buildings will be represented within the mesh based on high Manning's n values or building footprints based on existing GIS information; 5) Manning's n values for hydraulic roughness will be based on existing GIS landuse datasets; 6) Define and adjust rainfall hyetograph to account for storage within the stormwater pipe system; 7) All playa systems within the City and ETJ will be analyzed but models will be separated to allow for greater detail within hydraulic mesh. Some playa systems may be combined where possible based on the level of development and detail required; 8) Execute "rain on mesh" simulation for City and ETJ utilizing 2 -year and 10 -year return events with a 24-hour storm duration; 9) Initial conditions for playas and playa overflow paths will be based on the elevations represented by the LiDAR. 10) Delineate areas of flooding hot spots and ponding locations during each storm event. Deliverable: Preliminary inundation mapping and digital data output including ponding areas, flow accumulation grids, terrain based watershed delineations, and other ArcHydro output files. Two (2) meetings to discuss modeling process and results. 4.3 Drainage Complaint GIS Database Professional Services Contract (Task Order Basis) —2015, Exhibit DIA 4.3.1 Create GIS Database 1) Design a complaint geodatabase based on the identified problems resulting from staff, citizens, field work, previous reports, hot spot identification and the rapid assessment analysis. This geodatabase will be designed in coordination with the model inventory geodatabase. 4.3.2 Populate GIS Database 1) Identified problems resulting from staff, citizens, field work, previous reports, hot spot identification and the rapid assessment analysis will be imported into the geodatabase. 2) Using GIS spatial analysis tools, perform a comparison of complaint and maintenance areas with identified ponding areas from rapid assessment analysis. 3) Recommendations for updates and processes for maintaining this geodatabase will be provided. Deliverable: ArcGlS geodatabase and workflow document to track future drainage complaints. Two (2) meetings to discuss. 4.4 Stormwater Project Screening Report 1) Meet with City to discuss findings and comparison for identification of Top 10 Hot Spots across the City. Identify areas of immediate concern for possible creation of needed drainage CIP projects in advance of Stormwater Master Plan completion. 2) ENGINEER will prepare a Stormwater Project Screening Report that includes the Top 10 Hot Spot area descriptions, preliminary evaluation methodology and results, conceptual improvement alternatives (excluding detailed analysis, modeling or calculation), exhibits and order -of - magnitude construction cost. 3) Any projects identified for immediate CIP will be ranked for priority of design and construction. 4) ENGINEER will develop and deliver two (2) hard copies of the draft project screening report. 5) ENGINEER will receive and incorporate City comments to the draft project screening report. 6) ENGINEER will develop and deliver two (2) hard copies of the final project screening report, along with electronic files of the reports, models, exhibits, and GIS data. Deliverable, Report that includes relevant descriptions, tables, backup data, and figures to summarize effort and results of Tasks 4.1— 4.3. Two (2) meetings to discuss. 4.5 Capital Improvements Program Development 1) ENGINEER will meet with City Staff (Stormwater Engineering Department) to discuss community priorities for Stormwater system function, services, future goals and needed improvements. ENGINEER will provide a list of commonly identified criteria for prioritizing CIP projects. Criteria may include, but is not limited to, geographic location, construction cost, economic development consideration, depth of roadway overtopping, business interruption, life safety, structure inundation and property inundation. 2) Identified criteria will be ranked using a Pairwise Analysis process to provide a relative weight to each criteria category. 3) ENGINEER will coordinate with City to adjust the ranking procedures to conform to City specific requirements and gain staff input. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A 4) Upon determination of proposed improvement projects (future phase), ENGINEER will evaluate each project on a scale of 1— 5 for each identified criteria. Resulting numerical ranking of projects will be documented. A one-page summary of each project will be generated for use in presenting selected projects to stakeholders, constituents, elected officials and the general public. 5) ENGINEER will finalize list of projects that are ranked on a City-wide basis. ENGINEER will coordinate with City staff to discuss potential mechanisms to fund projects and to recommend a timing of expected project implementation, based on the City supplied funding schedule for proposed projects. 6) ENGINEER will prepare a Stormwater CIP Summary Report that includes identified problem area descriptions, preliminary evaluation methodology and results, CIP ranking procedures and results, problem areas selected for detailed study, proposed CIP alternatives, exhibits and opinions of probable construction cost. Deliverable: Prioritization criteria database. Three (3) meetings to discuss the CIP development process. Initial CIP report. Professional Services Contract (Task Order Basis) — 2015, Exhibit D1A ! I , . , (� ! K / ] � _ - . �. LL _