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HomeMy WebLinkAboutResolution - 2023-R0093 - Contract 17155 with HDR Engineering, Strategic Water Supply Plan 2.28.23Resolution No. 2023-R0093 Item No. 5.10 February 28, 2023 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, Professional Services Contract No. 17155 for the planning, evaluation, permitting, designing, and construction of strategic water supplies and related services, by and between the City of Lubbock and HDR Engineering, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 28, 2023 APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Amy L i , Deputy City Attorney RES.PSC- HDR Engineering 17155 Resolution No. 2023-R0093 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17155 is entered into this 28th day of February, 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc., (the" Engineer"), a Nebraska corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the planning, evaluation, permitting, designing, and construction of strategic water supplies and management strategies and related services, (the "Activities"); and WHEREAS, the 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 the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional 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 Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 12 months. 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 or her 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 II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services") B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $249,500 as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement 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. 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. The 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. Strategic Water Supply Plan Update Page 2 of 23 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The 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. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement 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. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the 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 the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in Strategic Water Supply Plan Update Page 3 of 23 which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the 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 The 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 the 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. The 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 the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Per Claim and in the Aggregate Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and cant', during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a Strategic Water Supply Plan Update Page 4 of 23 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. The 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. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the 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, the Engineer fails to maintain the required insurance in full force and effect, the 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 the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement 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 Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third 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 Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Strategic Water Supply Plan Update Page 5 of 23 ARTICLE X. CONFIDENTIALITY The 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 third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE 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 ATTORNEYS 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 THE ENGINEER, ITS AGENTS, EMPLOYEES, AND,'OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT 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 The 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 Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement 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. Strategic Water Supply Plan Update Page 6 of 23 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: HDR Engineering, Inc. David Dunn, P.E. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5136 Email: david.dunn(-)hdrinc.com C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Aubrey A. Spear, P.E., Director of Water Utilities 406 Municipal Drive Lubbock, Texas 79457 Telephone: 806-775-2585 Email: asnear(&mvlubbock.us D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, 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 Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, and as the Engineer is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The 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, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Strategic Water Supply Plan Update Page 7 of 23 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT 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 AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement 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 Agreement 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 Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the 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 the Engineer and the City. Strategic Water Supply Plan Update Page 8 of 23 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 the 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. L. Notice of Waiver. A waiver by either the City or the 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. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, 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 Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Strategic Water Supply Plan Update Page 9 of 23 Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. Strategic Water Supply Plan Update Page 10 of 23 EXECUTED as of the Effective Date hereof. A EST: ./U' I /L j V& , � *- BecYcy Garza, City Secretffy APPROVED AS TO CONTENT: Aubrey A. Sp , P.E., Director of Water Utilities APPROVED AS TO FORM: Amy Si si orney CITY OF TRAWAYNEl11(AYOR Firm HDR Engineering, Inc. Mark Borenst m, P.E., Sr. Vice President Email: mark.borenstein@hdrinc.com Strategic Water Supply Plan Update Page 11 of 23 Exhibit A Strategic Water Supply Plan Update Scope of Services Background In 2013, HDR Engineering, Inc. (HDR) assisted the City of Lubbock (the City) in developing the City's 2013 Strategic Water Supply Plan (SWSP). HDR assisted the City in updating the SWSP in 2018 and has been asked to assist the City in developing the 2023 SWSP. The SWSP contains projections of population and water demands for a 100-year planning horizon, analyses of currently available supplies, and evaluations of a wide range of water supply alternatives to meet future water supply shortages. As no single supply alternative is capable of meeting the City's future water supply needs, the 2018 SWSP identified different combinations of supply alternatives, or "packages", each intending to meet future water supply needs from different perspectives. Scope of Services HDR will update the 2018 SWSP to develop the 2023 SWSP. Water demand projections and analysis of water needs will be completed similarly to previous efforts. This update will also include additional detail in the evaluations of some current supplies and water supply strategies than was completed for the 2018 SWSP. This additional detail is intended to support development of a Purpose and Need (P&N) statement related to the potential development of the proposed Lake 7. Task 1: Project Management. a. HDR will provide project management activities under this task, including coordination, scheduling, budgeting, and accounting. Assumptions: a. One Kickoff Meeting will be held to discuss project scope, schedule, goals, roles, data needs and communication procedures. This meeting will be up to two hours, attended by HDR's project manager and other team members as necessary, and held through a virtual platform. Deliverables: a. Kickoff meeting agenda, materials, and notes. b. Monthly progress reports to accompany monthly invoices. Schedule: a. Ongoing through project completion. b. Kickoff meeting to be held within two weeks of Notice to Proceed (NTP). Strategic Water Supply Plan Update Page 12 of 23 Task 2: Update Introduction. a. The City will be responsible for updating Chapter 1 Introduction from the 2018 SWSP and will provide draft text and figures to HDR. b. HDR will provide editorial review of the text and figures provided by the City and will format and incorporate the information provided by the City into the draft and final 2023 SWSP. Information to be Provided by the City: a. The City will provide updated text and figures for Chapter 1 Introduction. Assumptions: a. The City will provide text and figures in formats compatible with MS Office. Deliverable: a. Edited and formatted Introduction section in the draft and final 2023 SWSP. Schedule: a. The City will provide the draft text and figures to HDR no later than 9 months following NTP. b. Report text and graphics to be completed concurrently with the draft 2023 SWSP. Task 3: Water Demand Projections. HDR will update water demand projections based on information obtained since the 2018 SWSP. Task 3.1. Population Projections. a. HDR will acquire annual population estimates (2011— 2022) for the City and its customers from the U.S. Census Bureau, including the 2020 U.S. Census determinations, and will acquire the population projections for the City and its customers anticipated to be used to develop the 2026 Llano Estacado (Region O) Regional Water Plan. HDR also will acquire population estimates for the City from the City's Planning Department. b. Using the aforementioned data and 2000 and 2010 census data, HDR will develop projections of future population for the City and its customers through year 2123. HDR anticipates developing two separate projections — Expected Growth and Accelerated Growth, consistent with those developed for the 2018 SWSP. c. HDR will summarize the population projections and assist the City in coordinating with the Llano Estacado Regional Water Planning Group so that the projections utilized for the 2026 Llano Estacado Regional Water Plan are consistent with the City's growth projections. d. Following development of draft population projections, HDR will lead a meeting with the City to discuss the projections and any modifications the City may request. Strategic Water Supply Plan Update Page 13 of 23 Task 3.2. Per Capita Consumption. a. HDR will utilize production data provided by the City to estimate per capita consumption for years 2010 — 2022. b. These data will be utilized to project per capita consumption through year 2123. The City's recent water conservation efforts will be considered in developing near -term and long-term projections of per -capita consumption. c. HDR will coordinate with the City to develop updated consumption projections that are consistent with recent experience and the City's long-term conservation goals. Task 3.3. Annual Water Demand Projections. a. HDR will utilize the projected population and per -capita consumption to develop two alternative annual water demand projections — Expected Water Demands and Accelerated Water Demands — using a single set of projected per capita consumption projections. b. HDR will coordinate with the City to identify two additional scenarios reflecting new demands from potential additional industrial and/or wholesale water customers. These two scenarios will be added to the Expected Water Demands and Accelerated Water Demands projections to demonstrate the impact of potential additional industrial and/or wholesale water customers on the water demand projections. Task 3.4. Maximum -Day Water Demand Projections. a. HDR will utilize the production data obtained under Task 3.2 to estimate the City's ratio of maximum -day to average -day water use (max -day ratio). b. HDR will coordinate with the City regarding how the City's continuing water conservation efforts are expected to influence the max -day ratio and project future max -day ratios through year 2123. c. HDR will apply the projected max -day ratios to the annual water demands projected under Task 3.3 to project maximum -day demands through year 2123. Task 3.5. Update Appendix A. a. HDR will update Appendix A of the 2018 SWSP with the new information developed in this task to be included in comparable appendix of the 2023 SWSP. Assumptions: a. Population projections to be used for the 2026 Llano Estacado Regional Water Plan will be made available within 2 months of NTP. b. All water production, consumptions, etc., data will be provided in Excel formatted digital documents. Deliverables: a. Excel spreadsheet containing the population and water demand projections. Strategic Water Supply Plan Update Page 14 of 23 b. HDR will lead a meeting with the City to discuss and fmalize the water demand projections. Schedule: a. The meeting to review the draft population projections to be held within 5 weeks of NTP. b. Coordination with the Llano Estacado Regional Water Planning Group regarding the draft population projections will be accomplished through a schedule to be determined. c. The meeting to review the water demand projections to be held within 8 weeks of NTP. Information to be Provided by the City: a. Population estimates from the City Planning Department. b. Last 5 years daily production data from the City's Bailey County Wellfield, South Water Treatment Plant (SWTP), and North Water Treatment Plant (NWTP). c. Last 5 years daily sales to wholesale water customers. d. Last 5 years monthly billing to retail and wholesale customers. Task 4. Current Water Supplies. HDR will update evaluations of current water supplies available to the City. Task 4.1. Lake Alan Henry. a. HDR will update the Riverware model developed previously by HDR to include hydrology through year 2022, and convert reservoir hydrology (inflows, evaporation, etc.) from monthly to a daily basis over the period of record available. b. HDR will utilize the updated Riverware model to determine the 2-year safe yield of Lake Alan Henry. c. To account for potential impacts of climate variation, HDR will develop a set of hydrologic data reflecting historical flows and net evaporation rates adjusted to reflect a future climate scenario to be selected in coordination with the City. HDR will use these updated hydrology data and the Riverware model to determine the safe yield of Lake Alan Henry under these projected future climatic conditions. Task 4.2. Bailey County Wellfield. a. HDR will summarize the information performed during the March 2018 analysis of the long-term viability of the City's Bailey County Wellfield and incorporate those results into an evaluation of the long-term sustainable supply from the Bailey County Wellfield. Task 4.3. Canadian River Municipal Water Authority (CRMWA) Supplies. HDR will update supplies available from CRMWA, which consist of Lake Meredith and a wellfield in the Roberts County area. Strategic Water Supply Plan Update Page 15 of 23 a. HDR will develop a Riverware model of Lake Meredith and use the model to verify supplies available from the reservoir. HDR will coordinate with CRMWA to identify up to three alternative operational strategies to better define available supplies. b. HDR will coordinate with CRMWA regarding supplies available from the Roberts County Wellfield and CRMWA's plans for expansion to maintain current supplies. c. HDR will utilize information from the City's current contractual arrangement with CRMWA and the evaluation of supplies from Lake Meredith and Roberts County to determine current and long-term supplies available from CRMWA. Task 4.4. Daily Supply Capacities. a. HDR will obtain information from the City and CRMWA regarding the capacities of existing infrastructure to supply maximum -day demands. Task 4.5. Reclaimed Water Projections. a. HDR will obtain 5 years of wastewater plant effluent produced by the Southeast Water Reclamation Plant (SEWRP) and the Northwest Water Reclamation Plant (NWWRP) and combine those data with previous wastewater flow projections to update wastewater flow projections through 2123. HDR will coordinate with City staff regarding current and future commitments of reclaimed water to project annual volumes of reclaimed water available to the City through 2123. Assumptions: a. Information needed from the City and from CRMWA will be made available within 6 weeks following NTP. Deliverables: a. Report text and figures to be included in the draft and final 2023 SWSP. b. HDR will lead a meeting to discuss the water supply determinations. Schedule: a. The meeting to discuss water supplies to be held within three months following NTP. b. Summaries of current supplies will be included in the draft 2023 SWSP. Information to be Provided by the Cites a. Contractual information regarding CRMWA supplies. b. Updated information regarding recent operations of the Bailey County Wellfield. c. The City will assist with obtaining information from CRMWA regarding supplies and delivery capacities from Lake Meredith and the Roberts County Wellfield. d. Last 5 years daily wastewater effluent from the SEWRP and the NWWRP. e. Current and likely future commitments of reclaimed water. f. Current estimates of daily supply capacities from the City's existing sources. Strategic Water Supply Plan Update Page 16 of 23 Task 5. Comparison of Supplies and Demands. a. HDR will compare the projected demands from Task 3 with current and projected supplies from Task 4 to determine the City's future water supply needs. b. HDR will compare the capacities of the existing infrastructure to projected maximum -day demands to determine the capability of meeting the projected maximum -day demands. c. HDR will lead a meeting with the City to discuss the comparison of supplies and demands. Assumptions: a. None. Deliverables: a. Excel spreadsheet containing the comparison of demands and supplies. b. Meeting to discuss comparison of supplies and demands. c. Report text and graphics to be included in the draft and final 2023 SWSP. Schedule: a. Meeting to discuss the comparison of supplies and demands to be held within one month following completion of Tasks 3 and 4. Information to be Provided by the City: a. None. Task 6. Water Conservation Strategies. a. HDR will update the information contained in Chapter 5 Water Conservation Strategies and Appendix C of the 2018 SWSP to reflect current practices by the City, recent data, and the City's most current Water Conservation Plan and Ordinance. b. The City will assist by providing necessary data for the update and confirming that specific water conservation strategies are still applicable. Assumptions: a. None. Deliverables: a. Report text and graphics to be included in the draft and final 2023 SWSP. Schedule: a. Report text and graphics to be completed concurrently with the draft 2023 SWSP. Information to be Provided by the City: a. The City's current Water Conservation Plan and Ordinance. Strategic Water Supply Plan Update Page 17 of 23 b. Updated data regarding the effectiveness of the City's water conservation efforts. Task 7. Updated Evaluations of Previous Supply Alternatives Considered. a. HDR will update evaluations of supply alternatives considered in the 2018 SWSP. Costs will be updated to 2023 dollars and where necessary, supplies will be updated to account for additional hydrologic data and other information that may be available. b. Evaluations of strategies described in "Chapter 11. Other Strategies Considered" of the 2018 SWSP will not be updated. Evaluations of the following water supply alternatives will be updated: 1. Reclaimed Water Strategies • Indirect Reuse o CR 7300 Diversion from the North Fork o South Fork Discharge to Lake Alan Henry o North Fork Diversion to Lake Alan Henry Pump Station • Direct Potable Reuse o SEWRP to the NWTP o SEWRP to the SWTP o NWWRP to NWTP o NWWRP to Pump Station 9 o Lubbock Land Application Site (LLAS) Groundwater Potable Reuse 2. Groundwater Strategies • Roberts County Wellfield Capacity Maintenance • Bailey County Wellfield Capacity Maintenance • Roberts County Wellfield New Transmission Line 3. Aquifer Storage and Recovery (ASR) Strategies • Reclaimed ASR to NWTP • Reclaimed ASR to SWTP • CRMWA Supplies to ASR 4. Surface Water Strategies • Lake Alan Henry Phase II • Jim Bertram Lake 7 • Post Reservoir • North Fork Scalping Operation to Lake Alan Henry Assumptions: Strategic Water Supply Plan Update Page 18 of 23 a. Supply strategies to be evaluated are limited to the above list. Deliverables: a. Report text and graphics to be included in the draft and final 2023 SWSP. Schedule: a. Updated evaluations will be completed within 5 months of NTP. Information to be Provided by the City: a. The City will provide any updated information pertinent to the supplies from and costs of the water supply strategies to be evaluated. Task 8. Scoring and Ranking of Alternative Supply Strategies. a. HDR will coordinate with the City to modify the scoring/ranking methodology used in the 2018 SWSP to account for any changes in City priorities. b. HDR will update the scoring and ranking of the supply strategies evaluated using the modified scoring and ranking methodology. Assumptions: a. None. Deliverables: a. HDR will lead a workshop in person with the City to review and update the scoring/ranking methodology to be used. b. Report text and graphics to be included in the draft and final 2023 SWSP. Schedule: a. Meeting to review and update the scoring/ranking methodology to be held within one month following completion of Task 7. b. Report text and graphics to be completed concurrently with the draft 2023 SWSP. Information to be Provided by the City: a. Updated information regarding the City's priorities with regard to the scoring and ranking of potential water supply projects. Task 9. Water Supply Packages. a. HDR will develop up to seven separate water supply packages using combinations of the water supply alternatives, similar to the packages developed for the 2018 SWSP. These packages will be identified to meet specific goals as coordinated with the City. b. HDR will determine the financial impact of each water supply package following the methodology used for the 2018 SWSP. Strategic Water Supply Plan Update Page 19 of 23 Assumptions: a. Water supply packages will be developed considering draft practicability scores from Task 5 of the Lake 7 Pre-App Services (under separate contract). Deliverables: a. Report text and graphics to be included in the draft and final 2023 SWSP. b. HDR will lead a remote meeting to discuss the various options for combining strategies into the water supply packages Schedule: a. HDR will develop the water supply packages within one month following completion of Task 8. b. Report text and graphics to be completed concurrently with the draft 2023 SWSP report. Information to be Provided by the City: a. Updated information regarding the City's rates and utility financial structure. Task 10. Project Report. a. HDR will develop and propose a report format that will differentiate the 2023 SWSP from previous SWSPs. b. HDR will prepare a draft report in PDF format and provide the draft report for City staff review. c. The City will distribute the draft report amongst City staff as appropriate for review and provide a compiled, coordinated set of comments regarding the draft report. d. HDR will address the City's comments into a final report and provide the final report in electronic (PDF) file format. Assumptions: a. None. Deliverable: a. Draft and Final 2023 SWSP report in PDF format. Schedule: a. HDR will provide the Draft 2023 SWSP report for City review within 11 months following NTP. b. The City will provide review comments within one month following receipt of draft report. c. HDR will provide the Final 2023 SWSP report within three weeks of receipt of City comments. Information to be Provided by the City Strategic Water Supply Plan Update Page 20 of 23 a. Compiled set of review comments. Task 11. Present Findings to the Lubbock Water Advisory Commission (LWAC). a. HDR will present the findings of the final 2023 SWSP to the LWAC at a day/time selected by the City, but within three months of submission of the Final 2023 SWSP. b. HDR will provide a draft of the PowerPoint presentation of the findings and conclusions of the work effort for review by City staff prior to presentation to the LWAC. Assumptions: a. One HDR staff member will attend the presentation and be available to answer questions. Deliverables: a. PowerPoint presentation summarizing the work effort for presentation to the LWAC. Schedule: a. Within three months of submission of the Final SWSP report. Information to be Provided by the City. a. Review of draft presentation. Schedule The scope of services described above will be completed and the draft report submitted to the City for review within 11 months following NTP. Interim project milestones are identified within each task description. Strategic Water Supply Plan Update Page 21 of 23 Exhibit B Strategic Water Supply Plan Update Budget CITY and ENGINEER have established a not -to -exceed fee of $249,500 to complete all services under this Contract on a time and materials basis, as shown below by task. This amount will not be exceeded without a contract amendment. Fees for each task are estimates only and 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 charged per the Hourly Rate Schedule, which is subject to annual review and revision. ENGINEER agrees to complete these services as delineated above. If a change in Scope of Services or Time of Performance becomes necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of work. Task Task Description Estimated Fee 1 Project Management $22,800 2 Update Introduction $4,200 3 Water Demand Projections $14,500 4 Current Water Supplies $55,200 5 Comparison of Supplies and Demands $4,000 6 Water Conservation Strategies $10,700 7 Updated Evaluations of Supply Alternatives $50,700 8 Scoring and Ranking of Alternatives $22,300 9 Water Supply Packages $17,200 10 Project Report $36,900 11 LWAC Presentation $11,000 Total Fee $249,500 Strategic Water Supply Plan Update Page 22 of 23 Hourly Rate Schedule Rates for January 1, 2023 through December 31, 2023 Specific Rates for Water Resources Engineering and Field Support HDR Engineering, Inc. Job Titles & Classifications Rate Range Principal $ 275.00 $ 375.00 Engineers / Geologists Senior Water Resources Engineer / Senior Geologist: Project Manager $ 250.00 $ 350.00 Water Resources Engineer (PE) / Geologist (PG) $ 160.00 $ 250.00 Geologist (GIT) : Engineer (EIT) $ 130.00 $ 235.00 Hydrologist $ 160.00 $ 190.00 Environmental Scientists Senior Environmental Scientist r Environmental Project Manager $ 200.00 $ 320.00 Senior Environmental Scientist 1 Cultural Resources Principal Investigator $ 165.00 $ 235.00 Environmental Scientist ; Cultural Resources Specialist $ 100.00 $ 185.00 Field Staff Senior Field Technician $ 100.00 $ 150.00 Field Technician $ 50.00 $ 100.00 Technical / Support Staff GIS Analyst $ 100.00 $ 180.00 GIS Technician II $ 75.00 $ 160.00 Administrative I[ ' Accountant $ 63.00 $ 170.00 Administrative I Clerical $ 47.25 $ 135.00 Rate Calculation Fees will be billed as total payroll costs times a multiplier of 2.191 plus direct expenses. Payroll costs are defined as direct labor rates plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto (currently 50.63 percent of direct labor). Direct expenses will be passed through directly to the City of Lubbock with no multiplier and include mileage (standard IRS reimbursable rate), lodging, Per Diem expenses, incidentals, and copier.'plotting costs. *Note: The rates are for January 1, 2023, through December 31, 2023. 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. Strategic Water Supply Plan Update Page 23 of 23 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. 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. 2023-987697 HDR Engineering, Inc. Austin, TX United States Date Filed: 02/24/2023 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 services, goods, or other property to be provided under the contract. 17155-2023 Water Supply Plan Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary HDR, Inc. Omaha, NE United States X Keen, Eric Omaha, NE United States X Meysenburg, Galen Omaha, NE United States X LeCureux, David Omaha, NE United States X McLaughlin, Thomas White Plains, NY United States X Henderson, John Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mark D. Borenstein and my date of birth is My address is 710 Hesters Crossing, Suite 150 Round Rock , TX 78681 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, State of Texas on the 24thday of February , 2023 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 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. 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. 2023-987697 HDR Engineering, Inc. Austin, TX United States Date Filed: 02/24/2023 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: 02/28/2023 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 services, goods, or other property to be provided under the contract. 17155-2023 Water Supply Plan Professional Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Keen, Eric Omaha, NE United States X Meysenburg, Galen Omaha, NE United States X LeCureux, David Omaha, NE United States X McLaughlin, Thomas White Plains, NY United States X Henderson, John Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0