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HomeMy WebLinkAboutResolution - 2016-R0154 - HDR Engineering, Inc. - 04_28_2016Resolution No. 2016-RO154 Item No. 6.15 April 28, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement, by and between the City of Lubbock and HDR Engineering, Inc., for planning and management of groundwater supply systems, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this April 28 , 2016. GLEN C. R BERTSO , MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Aubrey A. Spear, ., Directo4oWZaterUtii`ities APPROVED AS TO FORM: Amy s, Deputy ' y Attorney Res-PSAgreement-HEIR Engineering Inc 4716 Resolution No. 2016-RO 154 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract" or "Agreement"), effective as of the28th day of April, 2016 (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 planning, evaluating, permitting, designing, and construction management of groundwater supply systems used for drinking water (the "Activities" or "Project"); and WHEREAS, ENGINEER has a professional staff experienced in, and is qualified to provide, professional engineering services 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 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 365 days, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. If the ENGINEER determines that additional time is required to complete the Services, the Director of Water Utilities 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 Brackish Groundwater Supply Evaluation Page 1 of 21 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", for a not -to -exceed price of Ninety-nine thousand and seven hundred dollars ($99,700). 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. B. Termination and Remedies. In the event ENGINEER materially breaches any term and/or provision of this Contract and fails to cure within I0 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 Brackish Groundwater Supply Evaluation Page 2 of 21 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 of care, 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 Brackish Groundwater Supply Evaluation Page 3 of 21 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 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 of A-VII or better. All policies will be written on per Brackish Groundwater Supply Evaluation Page 4 of 21 occurrence basis except Professional Liability, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: General Aggregate Limit: Professional Liability: Per Claim: Automobile Liability: Combined Single Limit for any auto: $1,000,000 $2,000,000 $1,000,000 $1,000,000 Per Occurrence 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 and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Brackish Groundwater Supply Evaluation Page 5 of 21 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; b) Information disclosed to ENGINEER by a third party who is not under a confidentiality obligation; Brackish Groundwater Supply Evaluation Page 6 of 21 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, 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 Brackish Groundwater Supply Evaluation Page 7 of 21 mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. are: B. ENGINEER's Address. ENGINEER's address and numbers for the purposes of notice HDR Engineering, Inc. Attn: David D. Dunn, P.E. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5136 Facsimile: (512) 912-5158 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 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 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. Brackish Groundwater Supply Evaluation Page 8 of 21 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. 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 circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances Brackish Groundwater Supply Evaluation Page 9 of 21 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 parry's rights with respect to any other or subsequent breach. 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 Brackish Groundwater Supply Evaluation Page 10 of 21 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Glen oberton, Mayor ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Aubrey A. Sp E., Directo of Water Utilities APPROVED AS TO FORM: HDR Engineering, Inc. ell a z, r Vice President Brackish Groundwater Supply Evaluation Page 11 of 21 EXHIBIT A BRACKISH GROUNDWATER SUPPLY EVALUATION SCOPE OF WORK The HDR Team for this Scope of Work includes: HDR Engineering, Inc. (HDR) and 1NTERA, Inc. (INTERA). Services include hydrogeologic characterization, test well installation, development, data collection, and summary of test well data for a potential brackish groundwater water supply well in the Dockum Aquifer near Lubbock, Texas. Background The HDR Team will prepare plan, design, and specification documents to conduct a test well installation and data collection program and provide analyses of field data in support of a test well to be installed in the Dockum Aquifer, likely at Lubbock's South Water Treatment Plant (SWTP). The data and analyses will expand the information available regarding the brackish well field strategy included in the City's 2013 Strategic Water Supply Plan (SWSP) and will provide the City new information and data that can be used to evaluate the feasibility of developing a brackish groundwater supply from the Dockum Aquifer. Scope of Work The HDR Team will perform the following tasks for the City. Task 1. Evaluate Hydroge000gy and Regulatory Framework Specific subtasks associated with this effort are as follows. Task 1.1 Review the City's Current Strategic Water Supply Plan The HDR Team will review the brackish well field strategy in the City's current SWSP. The HDR Team has an understanding of the City's SWSP and water sources and will hold discussions with City staff to verify any changes or future plans of the City related to brackish water supplies. Task 1.2 Characterize Hydrogeologic Features in the Vicinity of Lubbock The primary purpose of the hydrogeologic characterization of the area is to estimate the structure, physical properties, and water quality in the Dockum Aquifer to determine potential brackish production zones, as well as identify the locations of existing production and disposal wells using publicly available databases in the vicinity of the City's SWTP. Brackish Groundwater Supply Evaluation Page 12 of 21 The HDR Team will prepare a hydrogeologic summary describing the Dockum Aquifer in the vicinity of the SWTP. A member of the HDR Team developed the High Plains Aquifer System (Ogallala Aquifer, Dockum Aquifer, Edwards -Trinity (High Plains) Aquifer, and Rita Blanca Aquifer) groundwater availability model (GAM) and will take the lead in characterizing the Dockum Aquifer properties, aquifer conditions and groundwater pumping and quality. The additional analyses will include evaluation of geophysical logs in the vicinity of the SWTP that can help inform estimates of productivity and water quality in zones where few or no production wells currently exist. The Railroad Commission of Texas (RRC) considers the base of useable quality water in the area to be approximately the base of the Ogallala Aquifer. Oil field effluent disposal is thus occurring in the Dockum Aquifer and potentially other, deeper formations. The HDR Team will use RRC records to identify the location and, where possible, the injection intervals for these existing disposal wells near the SWTP. The key product of the hydrogeologic characterization will be a summary of the information available in the vicinity of the SWTP, including aquifer depth, productivity, and water quality in the Dockum Aquifer. The characterization of the Dockum Aquifer properties determined at the SWTP as a known data point will be useful in extrapolating these results to the vicinity of Lubbock in the future. Task 1.3 Evaluate Brackish Groundwater Availability The HDR Team will use the current version of the GAM to calculate a water budget in the vicinity of the SWTP in the Dockum Aquifer for analysis of brackish groundwater production in this formation. The project simulation will be based on the predictive regional simulations being performed for GMA-2 as part of the regional planning process, but will add the production from a potential well located at the SWTP. The water budget will estimate how the contributing components, such as cross -formational flow, recharge, and contribution from storage, evolve through time. In addition, this project simulation will help to determine trends in water levels to support estimates of travel times from existing disposal wells to the brackish well located at the SWTP, and pumping lifts required for energy calculations. Task 1.4 Assess Regulatory, Permitting and Institutional Framework The HDR Team will identify and assess potential permitting, institutional and regulatory considerations related to brackish groundwater desalination projects, with specific emphasis given to the High Plains Underground Water Conservation District No. 1 (HPWD), Texas Commission on Environmental Quality (TCEQ), and RRC. In addition, the team will address and discuss in the report the potential effects of nearby landowner activities on a brackish groundwater desalination project. Task 2. Prepare and Coordinate Test Well Program This task will commence following written approval by the City to proceed. The test well program will include engineering, contracting, constructing, collecting and analyzing field data, and preparing a report of the findings and conclusions. The program includes the installation and Brackish Groundwater Supply Evaluation Page 13 of 21 development of a permanent test well screened or perforated in the Dockum Aquifer that can be used for current and future data collection and studies. Locations considered for the test well will be on City -owned property at the SWTP. Task 2.1: Prepare Test Well Plan Including Plan and Specification Documents This task will include the HDR Team's preparation of plans and specifications for the test well installation phase of the project. Specific items include the following: • Design the test well installation, development, and data collection program, • Prepare preliminary plans and specifications for the construction and testing of the test well, • Review the preliminary plans and specifications with the City and HPWD, and • Finalize plans and specifications. Task 2.2: Assist with Selection Test Well Contractor This task will include HDR collaborating with the City in the selection of a test well contractor, with the City entering into a contract with a contractor. Specific items to be completed by HDR include the following: • Review contract documents and request for proposals prepared by the City for advertisement, • Compile a list of potential test well contractors, • Collaborate with the City in evaluating proposals received from contractors, and • Provide input and recommendations regarding the selection of a test well contractor by the City. Task 2.3: Observe Field Activities This task will include HDR's observation of field activities for the test well installation phase of the project. Specific tasks include the following: • Visit the construction site and observe geophysical logging, well installation and pump testing (includes two trips to the drilling site and 40 hours of a licensed engineer at the drilling site), • Coordinate with others who may be requested to describe drill cuttings (i.e., Texas Tech University student or staff and City staff) (This scope of work includes 80 hours of a Texas Tech University student describing cuttings at the drilling site.), • Observe the collection of driller's logs and samples, • Contract with a water quality laboratory for the analyses of samples collected by the driller and, • Compile, summarize and analyze drilling, formation, and test data. Brackish Groundwater Supply Evaluation Page 14 of 21 Two water samples will be analyzed for the following water quality parameters. Field Parameters pH Specific Conductivity Turbidity Dissolved Oxygen (DO) Temperature Oxidation Reduction Potential (ORP) Laboratory Parameters Silica Calcium Magnesium Sodium Potassium Carbonate Bicarbonate Sulfate Chloride Fluoride Nitrate Total Dissolved Solids TDS Alkalinity Specific Conductivity Hardness as CaCO3 Percent Sodium Sodium adsorption ratio SAR Residual sodium carbonate RSC HDR anticipates the drilling contractor will complete the following tasks. These tasks are not included in this Scope of Work. • Construction of an estimated 1,400-ft deep (based on geophysical logs near the SWTP) test well, including: o Mobilizing, drilling, casing, screening, and cementing the well, Brackish Groundwater Supply Evaluation Page 15 of 21 o Developing the test well, and o Completing the wellhead. • Completion of data collection program, including: o Obtain a bailed water sample and test for the field parameters listed above. This does not constitute one of the two water samples noted above. o Installing and operating a pump test, o Completing a pump test, which will consist of a series of step tests and a constant rate test, not to exceed 36 hours, o Disposing of pumped water into adjacent City of Lubbock facilities (evaporation ponds or storm water detention pond)], o Measuring test well water levels with automated recorder and hand line, and o Collecting water samples and delivery to the laboratory. HDR anticipates the United States Geological Survey (USGS) under contract with HPWD will complete the following task. This task is not included in this Scope of Work. • Completion of geophysical logging Task 3. Proiect Administration, Data Analyses and Proiect Report Project administration, quality assurance/quality control (QA/QC), data analyses, and report preparation activities will be performed under this task. Data analyses will include: • Delineation and summary of the geologic descriptions of water -bearing and confining beds of the Dockum Aquifer in the vicinity of the SWTP, • Calculation of aquifer properties from the pump tests, • Characterization of the water chemistry, and • Description of test program results in context with the information prepared in Task 1. A project report will be prepared and will include: • Summary of information compiled from Task 1, • Summary of data and findings obtained from the test well program (Task 2), and • Recommendations for further evaluations of brackish groundwater desalination as a potential drinking water supply. 1 If disposal of pumped water in adjacent City facilities is not possible due to high levels of dissolved solids or other factors, contractor will need to utilize water trucks to haul and dispose of water in an appropriate facility. This would modify the length and form of the pump test to accommodate potentially smaller water volumes. Brackish Groundwater Supply Evaluation Page 16 of 21 An electronic draft of the report will be presented to the City for review. The HDR Team will respond to the comments and suggestions and prepare a final report within three weeks of receiving the City's comments. The final report will be delivered in electronic Portable Document Format (PDF) with six (6) hard copies. Task 4. Present Findings to the LWAC The final results of the project will be presented to the Lubbock Water Advisory Commission (LWAC) when requested by the City. A PowerPoint presentation of the findings and conclusions of the work effort and recommendations for further evaluations of a brackish groundwater desalination program will be prepared. This presentation will be reviewed with City staff prior to presentation to the LWAC. This scope of work anticipates that two members of the HDR Team will attend the presentation in Lubbock and be available to answer questions. Deliverables include a PowerPoint presentation and any associated boards and visual aids, including handout packages for the LWAC members. Proiect Assumptions Major assumptions in this Scope of Work include: • This scope of work includes two trips to the drilling site and 40 hours of a licensed engineer at the drilling site. • HDR will not be onsite for drilling initiation nor serve as a resident project representative (RPR) for the drilling phase of the project. HDR will be available to discuss drilling status with the City. • The duration and pumping rates are dependent on the salinity of the produced water. If the water is too saline to discharge to natural drainage facilities on the SWTP site based on regulatory guidelines or capacity of current retention areas, production will be limited to the available capacity or what volume can be disposed of off -site, based on coordination with the City. • If drill cutting descriptions are completed by City staff or other entity (i.e., Texas Tech student), these descriptions will be provided to HDR for use in the data analyses. • This scope of work includes 80 hours of a Texas Tech University student describing cuttings at the drilling site. Additional Services This Scope of Work is intended to provide baseline information that can be used for further evaluation of the feasibility of the City developing a brackish groundwater supply from the Dockum Aquifer. Additional services that are not included in this Scope of Work, but could be considered for future evaluations, include: • Estimation of subregional brackish groundwater availability in order to characterize the longevity of potential brackish groundwater sources, • Evaluation of desalination treatment options, Brackish Groundwater Supply Evaluation Page 17 of 21 • Evaluation of brine concentrate disposal options, Evaluation of desalinated brackish groundwater compatibility with the City's existing sources of supply, • Integration of the new source into the City's distribution system, and • Update of strategy evaluations in the City's Strategic Water Supply Plan. Project Schedule The proposed timeline for completion of the major tasks of the Scope of Work is as follows: Task Description Schedule Task 1 Evaluate Hydrogeology and 60 days from Notice to Proceed Regulatory Framework Task 2.1 Prepare Test Well Plan 90 days from Notice to Proceed To be determined based on the City's Tasks 2.2 Complete Test Well Program schedule for selection and engagement of and 2.3 drilling contractor Project Administration, Data 30 days following the completion of the test Task 3 Analyses and Project Report well Task 4 Present Findings to the LWAC When requested by the City Brackish Groundwater Supply Evaluation Page 18 of 21 EXHIBIT B BRACKISH GROUNDWATER SUPPLY EVALUATION BUDGET CITY and ENGINEER have established a not -to -exceed fee of $99,700 to complete all services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to - exceed fee. Fees will be billed as total salary costs times a multiplier of 2.159 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. ENGINEER agrees to complete these services as delineated above. If a change in Scope of Work or Time of Performance becomes necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fees necessary to accomplish the scope of work. Task Task Description Fee 1 Evaluate Hydrogeology and Regulatory Framework $14,700 2 Prepare and Coordinate Test Well Program $53,800 3 Project Administration, Data Analyses and Project Report $26,500 4 Present Findings to the LWAC $4,700 Total Fee $99,700 Brackish Groundwater Supply Evaluation Page 19 of 21 BRACKISH GROUNDWATER WATER SUPPLY EVALUATION BREAKDOWN OF LABOR HOURS salaryCosts Olroet Expenses Subcontracts Task ect Proeees Sr WS Clerical GC et CADD Sr. prefect prolect_ GIS Clerical Technology Travel Other Grand No. Task Description Prilldrial I Enainoor En near I Erobw TechnjcW I Admin Edlbdal Engineer Gaimm GeclE 2%0Lekor _ Total 1 Evaluate Hydrogeology and Regulatory Framework 1 1 Review of Cays Current Strafe is Water Supply Plan 1 2 2 1 4 $22 $7 S __ 100 1 2 Charactenzatbn of the is feahaes and limprig 12 24 $0 $0 _ S 1.3 Assess.erdofBraclashWaterAva4abigy 1 20 $0 s0 $ 4r700_ 14 Assessment of Re ulam arM Ptmac Issues 2 4 4 $37 $12 $ 100 dal • i 1 -0 - 1 44 $59 s0 $19 $ 147w 2 Prepare and Coordinate Test Drilling P m 2 1 Preare ermyneenrig designs and s ecilications 40 8 16 10 20 $455 $136 22 Assist m Selection of Wen Driller 20 4 4 8 $163 $0 $44 $ TALC23 Observe Field ActmWs 16 6 40 80 $525 $2.000 $128 $ 23PWdal a . 76 18 83 . V44 31 143 $2.000 $308 $ 638003 Proect Admin Dsta Ana es and Proect R ort 8 24 40 4 8 8 16 4 20 4 340 4 $98 IspodPM,OC,PARR 4 4 20 16 6 185 $61 $ 10del ask 12 28 60 4 8 6 1 4 20 4 25$159 $ 26,PressM Flndin0a to the LWAC 4 12 2 $67 $1,000 $21 - S 4,700 T le! Por Testis t� i7 1 96 4 9i @ 98 e�2ilT 5 N 20 4 f I Qr� S 000 t910 S4:r r'rk) Brackish Groundwater Supply Evaluation Page 20 of 21 BRACKISH GROUNDWATER SUPPLY EVALUATION HOURLY RATE SCHEDULE Rates for January 1, 2016 through December 31, 2016 Specific Rates for Water Resources Engineering Support HDR Engineering, Inc. Job Titles & Classifications Rate Range Principal $ 220.00 $ 300.00 ]Engineers Sr. Water Resources Engineer / Project Manager $ 150.00 $ 275.00 Water Resources Engineer $ 135.00 $ 225.00 Hydrologist $ 110.00 $ 190.00 Technical / Support Staff GIS Analyst $ 100.00 $ 180.00 GIS Technician 11 $ 75.00 $ 160.00 Administrative 11 / Accountant $ 63.00 $ 170.00 Administrative I / Clerical $ 47.25 $ 100.00 Rate Calculation Fees will be billed as total salary costs times a multiplier of 2.159 plus direct expenses. Salary costs are defined as direct labor rates plus fringe benefits. A technology charge, which covers CADD, GIS, network communications, digital photography, etc., will be included at a flat rate of $3.70 per labor -hour charged directly to a project under this contract. Other reimbursable 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, 2016 through December 31, 2016. 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. Brackish Groundwater Supply Evaluation Page 21 of 21 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 12016-38098 CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, Inc. Austin, TX United States Date Filed: 04/11/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 160411 Professional Engineering Services 4 Nature of interest (check applicable) Name of Interested Parry City, State, Country (place of business) Controlling Intermediary HDR, Inc. Omaha, NE United States X Little, George A. Omaha, NE United States X Keen, Eric L. Omaha, NE United States X Felker, Brent R. Davis, CA United States X O'Reilly, Charles L. Boston, MA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. PV6 ••• MICH lE M BRITTON :•O PpV NOTARY PUBLIC f; State of Texas comm. Exp. 06-27-2017 azure of zed agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE }� Sworn to and subscribed before me, by the said [ this the 1� day of, 20_, to certify which, witness my hand and seal df office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645