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HomeMy WebLinkAboutResolution - 2003-R0353 - Amendment To Contract - Texas Water Development Company, LLC. - 08_28_2003 (2)Resolution No. 2003-RO353 August 28, 2003 Item No. 67 RESOLUTION WHEREAS, by Resolution Number 2003-RO113 (the "Resolution"), dated March 5, 2003, the City Council of the City of Lubbock entered into a Contract for consulting services with Texas Water Development Company, LLC; and WHEREAS, the City Council of the City of Lubbock desires to amend the Resolution to expand the Contract's scope of work, including developing additional annual yield estimates for the City's water supply resources, consulting with the Lubbock Water Advisory Commission, and advising the City with regard to its decision to ensure the preservation of the City's use and control of its developed water; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT Resolution Number 2003-RO113 is amended by adding the First Amendment to Contract. Said Amendment to 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. 2. Except as expressly amended hereby, Resolution Number 2003-RO113 shall remain as originally provided. Passed by the City Council this 28th day of Au9st , 2003. DOXIGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: erry Ellerbrook, Director of Public Works APPROVED AS TO FORM: Anita Burgess, City Attorney Ke/ccdocs/Contract-Texas WaterDev.Amend. res Resolution No. 2003—RO353 August 28, 2003 Item No. 57 FIRST AMENDMENT TO CONTRACT This First Amendment ("First Amendment") to the Contract between the City of Lubbock, Texas ("City") and Texas Water Development Company, LLC, dba "WaterTexas, a Texas limited liability company ("WaterTexas"), is made and entered into on the _ day of August, 2003, and amends that certain Contract by and between City and WaterTexas dated March 5, 2003 ("Contract"). A. Amendment of Contract. The Contract is hereby amended by this First Amendment by deleting and replacing the indicated sections and subsections as follows: Section 1: TERM OF CONTRACT The term of this Contract shall begin when fully executed by all parties and shall end thirty days after the completion of the Work described in Exhibit A, unless terminated earlier or extended pursuant to the provisions hereof. Section 4: PAYMENT/PAYMENT PROCEDURES A. For the Work outlined in this Contract prior to the execution of the Contract's First Amendment, the City will pay to WaterTexas a flat fee of $90,000.00. Payment shall be as follows: March 31 $10,000 April 30 $10,000 May 31 $10,000 June 30 $10,000 July 31 $10,000 August 31 $40,000 Total $90,000 B. In addition to the payments in Subsection 4A above, the City will reimburse WaterTexas for out-of-pocket expenses associated with the Work referenced in Subsection 4A at the time of the final payment for such referenced Work (i.e., August 31, 2003). C. For the following work as provided in the amendments to the Scope of Work resulting from the Contract's First Amendment, the City will pay WaterTexas a flat fee of $35,000: i) consulting with the City's Water Advisory Board; ii) building a reservoir operation model for the Canyon Lakes to estimate the firm annual yield of Reservoirs 7 and 8; and iii) advising the City on matters related to preserving the City's continuing right to use and control its developed water. Payment shall be as follows: September 30 $ 5,000 October 31 $10,000 November 30 $10,000 December 31 $10,000 Total $35,000 D. In addition to the payments in Subsection 4C above, the City will reimburse WaterTexas for out-of-pocket expenses associated with the Work referenced in Subsection 4C within 30 days after the date on which such expenses are submitted for reimbursement in accordance with Section 4G. E. The City will have the right to approve in advance any single expense greater than $2,500 and any expenses exceeding $5,000 in the aggregate. F. Payments to WaterTexas will be made by check delivered by regular mail at the address set forth in Section 5. G. WaterTexas will provide receipts and or other appropriate documentation for all out-of-pocket expenses submitted for reimbursement. If requested, WaterTexas will provide a written explanation of any expenses so submitted. B. Amendment of Scope of Work. The Scope of Work to the Contract is hereby amended by replacing the original thereof with the attached, amended Scope of Work. C. Full Force and Effect. Except as expressly amended hereby, the Contract shall remain in full force and effect in accordance with its terms. 2 IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Amendment by having their representatives affix their signatures below. CITY: City Of Lubbock By: Nan Tith CONSULTANT: Texas Water Development Company, LLC dba WaterTexas By:�v- Name: I mn Sh Title: I resident 3 ATTEST: City Secretary Approved as to C tent: roved as to Fo -"&- E tZ(�-� \C l k AViff e s Resolution No. 2003—R0353 EXHIBIT A STATEMENTSCOPE OF WORK Purpose: The purpose of the work is to evaluate and make recommendations to the City and its Water Advisory Board during the Contract's term regarding how the City can optimize existing and potential water supplies on a short-term, mid-term, and long-term basis, and to provide a written report containing an analysis of and recommendations regarding: The City's current water supplies from one end of its system to the other, including the reuse of treated effluent; Potential alternative water supply and reuse options; and The potential for realizing value from existing supplies when they are not being utilized by the City. Scope of Work: Described below is the proposed scope of work to be conducted by WaterTexas for the project. The overall objective of this Scope of Work (SOW) is to research, review, evaluate, and/or analyze the following questions, issues and concerns listed in Section I and perform the services and prepare and deliver the report described in Section II. SECTION I 1. What is the ultimate capacity of the CRMWA pipeline and related water resources and to what degree can they meet Lubbock's future demands and the future demands of other CRMWA customer cities? 2. What are the projected costs and issues related to any system improvements or additional water supplies that are needed for CRMWA to meet such future demands (e.g., facility upgrades, additional pipelines or other infrastructure, new groundwater supplies, etc.)? 3. What is the viability of Lake Meredith as a potential water supply and what is the best estimate of firm yield for Lake Meredith? Bailey County Well Field 1. Can Lubbock's use of the Bailey County well field be expanded (e.g., can it be used for more than a peak day supply) and/or can a new well field be developed near the existing well field or elsewhere in Bailey County? 2. What are the projected costs and issues related thereto? 4 3. What is the estimated useful life of the existing well field and well field assets? Lake Alan Henry and the Post Reservoir 1. Given different demand scenarios, what is likelihood of utilizing Lake Alan Henry and the Post Reservoir as water supplies for Lubbock? 2. Under present and future conditions, what are the projected costs and issues related to utilizing Lake Alan Henry as a water supply for Lubbock? 3. Under present and future conditions, what are the projected costs and issues related to constructing the Post Reservoir and utilizing it as a water supply for Lubbock? 4. Are there ways to avoid all or part of the significant O&M costs associated with lifting water 1,000 feet in elevation from either or both reservoirs to Lubbock? 5. Are there ways to realize value from Lake Alan Henry (and the Post Reservoir, if constructed) prior to utilization as a Lubbock water supply (e.g., cooling water for a power plant; terminal storage for another entity's water supply project)?. 6. Is one of the possible ways of realizing value to contract with a power generation company to provide the water for cooling or other needs of a power plant and what are the issues related to this possibility? Alternate Sources of Supply and Demand Issues 1. What other sources of supply should Lubbock consider? 2. What are the projected capital and operating costs and issues related to developing them and utilizing them as part of Lubbock's system? 3. How do they compare to Lubbock's existing sources of supply? 4. Are their potential sources which could become acceptable water supplies if developed using reverse osmosis (RO) technologies and what are comparable costs and key issues in these RO projects? 4. What is the estimated demand for water use by the City and by the cities and communities in the general vicinity of the City (50 mile radius) under various growth and usage scenarios? 5. What are the potential markets in surrounding cities and communities for sale of excess water supply, what are the issues that will be encountered, and how will sales of excess water supply effect the costs of recommended projects? 5 6. How do the various supply alternatives and demand scenarios correlate to the City's water demand and supply over the planning period of the State Water Plan and what are the variances? 7. What are the potential risks for the various supplies from, and what could the costs be for compliance with, the Concentrated Animal Feeding Operations (CAFO) regulations of the U.S. Environmental Protection Agency (EPA). Alliances and Partnerships 1. Are there alliances or partnerships, public or private, that Lubbock could pursue to ensure that its customers have short-, mid-, and long-term water supplies of considerable quality at the lowest possible cost? 2. What are the projected costs and issues related to developing such alliances or partnerships? SECTION II. Services To Be Performed WaterTexas will conduct an Opportunities Assessment for the City. The procedure therefore is as follows: WaterTexas will meet with the City's project liaison to: (i) assess the information, data, and resources available at the City; and (ii) to establish milestones for the project. 2. WaterTexas will conduct a comprehensive review and analysis of the City's current water supply situation in light of its existing water supplies, given demand scenarios over the short-, mid-, and long-term (1-5 years, 6-20 years, and 21-50 years, respectively). This analysis will include a general assessment of potential alternative water supply options not currently included in Lubbock's existing system or future planning options. 3. Except as otherwise provide herein, WaterTexas will utilize existing and available data and information, relying on reports and studies within the custody or control of the City, the State, and other entities in the South Plains region. WaterTexas will update existing and available data and information as appropriate and will evaluate it using a common cost - comparative, legal, regulatory, and institutional framework. 4. WaterTexas will prepare a template and methodology which uses uniform measuring factors for the City to use in water resource planning and analysis. @. 5. Specific activities performed within the timeframe provided herein as part of the Opportunities Assessment will include: a) Evaluating Lubbock's water rights, water supply contracts, water use reports, bed and banks permits, wastewater discharge permits, rate structures, and bond capacity; b) Reviewing available water and wastewater master plans, studies, proposals, and reports (including the Llano Estacado Regional Water Plan) pertaining to the City's water supply, treatment, delivery, and reuse systems, and those of other water utilities in the area, and evaluating assumptions incorporated therein; c) Reviewing information and agreements related to Lake Alan Henry and the Post Reservoir; d) Reviewing landowner agreements and other land ownership information pertaining to the City's water supplies and water systems, including that pertaining to well field development and pipeline rights -of -way; e) Standardizing the assumptions of the different projects the City has evaluated, implemented, or might consider, including standardizing costs in terms of current dollars and standardizing legal and regulatory frameworks in terms of current realities; f) Reviewing and evaluating relevant rules and regulations, including those of pertinent groundwater districts; g) Evaluating potential impacts (whether favorable or adverse) on special stakeholder groups that might result from different water supply options; h) Conducting interviews with City staff and outside consultants (e.g., engineers, financial advisors) regarding water supplies, infrastructure, and historical water management practices; and, i) Conducting interviews with outside interests, including CRMWA and potential suppliers of alternative water supplies not currently included in Lubbock's system (as appropriate and as specifically authorized by the City). j) Advising the City, its attorneys, and consultants regarding matters related to preserving the City's continuing right to use and control its developed water. k) Constructing a reservoir operation model for the Canyon Lakes to estimate the firm annual yield of Reservoirs 7 and 8, as proposed in a 1969 report prepared for the City by Freese and Nichols. 1) Advising the City's Water Advisory Board. 7 6. Subsequent scopes of work, if required, will involve either or both of the following: a) Comprehensive evaluation, analysis, and possible pursuit of potential alternative water supply options not currently included in Lubbock's water supply portfolio; and b) Comprehensive evaluation, analysis, and possible pursuit of options for realizing the value of Lubbock's water supplies when they are not being utilized. Terms and conditions for subsequent scopes of work will be determined by mutual agreement of the parties. 7. The timeframe for completing the performance of the foregoing services, including all advice and services in connection therewith, whether in connection with workshops or otherwise, and preparation and delivery of the Report (as defined below), will be to be no later than December 31, 2003. 8. As part of the Opportunities Assessment and prior to the completion of its Report, WaterTexas will conduct up to four workshops with the City's Water Advisory Board to present and explain our findings and preliminary conclusions and to respond to any ideas, suggestions, and questions the Water Advisory Board may have. 9. At the conclusion of the Opportunities Assessment, WaterTexas will prepare a written report to the City, which will set forth WaterTexas's findings, conclusions, and recommendations (the "Report"). The Report will be provided in draft form to City staff for initial review and comment. The comment period for this initial review will not exceed thirty (30) days. Once any comments or recommendations are received, WaterTexas will prepare a final Report. The final Report will include the following: Volume I. a) Table of Contents b) Summary c) Analysis and Recommendations (1) Existing Supplies (2) Projected Demand (3) Alternative Supplies and Strategies for Existing Supplies (4) Recommendations d) Conclusion and Suggestions for Subsequent SOWS Volume II. Exhibits, Appendices, and Supporting Documentation WaterTexas will provide five (5) complete (Volumes I and II) copies of the Report to the City Manager, and one (1) copy of the complete Report for each member of the City Council. Ten (10) additional copies of Volume I and an electronic version of Volume I will be provided. 0 Additional copies of the Report will be provided upon request and at the expense of the City. In addition, WaterTexas will provide a similar number of hard and electronic copies of the presentation and workshop materials, as discussed below. 10. WaterTexas will conduct at least one (1) but not more than two (2) workshops with the City Council to present and explain our report and to respond to any questions the City Council may have. 11. The following employees or other persons ("key persons") will, at a minimum, be involved in performing the services hereunder: Employees — Lynn R. Sherman, Derek W. Saunders, Steve Mobley; Subconsultants — Donald G. Rauschuber, P.E. W