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HomeMy WebLinkAboutResolution - 2023-R0092 - Contract 17158 with HDR Engineering 2.28.23Resolution No. 2023-R0092 Item No. 5.9 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. 17158 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: i L6� -, --- - - �-" Erik (Nino, Assistant City Manager APPROVED AS TO FORM: 4 Amy ims, Deputy City Attorney RESTSC- HDR Engineering 17158m Resolution No. 2023-R0092 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17158 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 18 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. Lake 7 — USACOE 404 Pre -Application Phase Support Page 1 of 21 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 $349,800 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. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Lake 7 — USACOE 404 Pre -Application Phase Support Page 2 of 21 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 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 Lake 7 - USACOE 404 Pre -Application Phase Support Page 3 of 21 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, carved 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 carry, 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 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. Lake 7 — USACOE 404 Pre -Application Phase Support Page 4 of 21 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. Lake 7 — USACOE 404 Pre -Application Phase Support Page 5 of 21 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 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 THE ENGINEER, ITS AGENTS, EMPLOYEES, AND.iOR 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. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Lake 7 — USACOE 404 Pre -Application Phase Support Page 6 of 21 HDR Engineering, Inc. David Dunn, P.E. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5136 Email: david.dunnAhdrinc.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: 806-775-25 85 Email: asyearamylubbock.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. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. Lake 7 — USACOE 404 Pre -Application Phase Support Page 7 of 21 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. 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. Lake 7 — USACOE 404 Pre -Application Phase Support Page 8 of 21 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. 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, Lake 7 — USACOE 404 Pre -Application Phase Support Page 9 of 21 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. Lake 7 — USACOE 404 Pre -Application Phase Support Page 10 of 21 EXECUTED as of the Effective Date hereof. EST: ky Garza, City Secretary APPROVED AS TO CONTENT: tLt4� e �, Aubrey A. Sp , P.E., Director of Water Utilities APPROVED AS TO FORM: Am s, A C' ey CITY OF TRAV,MYNE, MAYOR Firm HDR Engineering, Inc. Mark Borenstein, P. ., Sr. Vice President Email: mark.borenstein@hdrinc.com Lake 7 — USACOE 404 Pre -Application Phase Support Page 11 of 21 Exhibit A City of Lubbock Lake 7 Pre -Application Phase Environmental Planning Support Scope of Services Background The City of Lubbock (the City) initiated preliminary planning and evaluation efforts for a water supply project known as Lake 7 in the early 2000s. In October 2005, the City filed a water right application to the Texas Commission on Environmental Quality (TCEQ), which was considered administratively complete on April 17, 2006. The City and HDR Engineering, Inc. (HDR) have responded to numerous formal and informal requests for information since 2005, and completed an additional feasibility evaluation, including environmental, engineering, and modeling analyses. A Draft Permit was issued by the TCEQ for City review on November 15, 2021. This milestone marked a key step in the feasibility evaluation and regulatory reviews for the project. The City is currently proposing to undertake additional environmental and strategic water supply planning activities to support pre -application and application development for the Clean Water Act, Section 404 Permit and Mitigation Plan, including preliminary assessment of Lake 7 and other alternatives to meet the project purpose and need in preparation for an anticipated National Environmental Policy Act (NEPA) review of the proposed project. This project will further develop and present information, as noted below, to the City. This information will assist the City in deciding if Lake 7 is likely to be the least environmentally damaging practicable alternative (LEDPA) and decide whether or not to pursue a Section 401/404 Joint Permit Application to the US Army Corps of Engineers (USACE) for the Lake 7 project, or identify an alternative that will meet the water supply needs identified in the 2023 Strategic Water Supply Plan. The tasks in this scope of services are aligned with those contained in Scope of Services for the 2023 Strategic Water Supply Plan. This contract represents Phase 1 of a potential multi -phase permitting process. This Phase 1 will develop information to the point where a preliminary LEDPA can be determined and the City can decide if further pursuit of Lake 7 is reasonable. Future phases might be done under amendments to this contract or separate contracts, to be determined. Future phases are anticipated to develop additional information needed to submit a permit application to the USACE, initiate coordination with the agency, and explore and initiate funding with the Texas Water Development Board. Lake 7 - USACOE 404 Pre -Application Phase Support Page 12 of 21 Phase 1. Preliminary LEDPA Determination Phase 1 Scope of Services 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). Task 2. Project Implementation Plan. a. HDR will develop a Project Implementation Plan (PIP) establishing the overall objectives, scope, schedule, and strategies for pursuing development of Lake 7. The overall development of Lake 7 will encompass multiple generations of City leadership and staff, and the PIP will serve as a guidebook for those involved in the project. b. HDR will lead up to 2 in -person workshops as the PIP is developed to allow for input from City staff and leadership. Assumptions: a. The PIP is anticipated to identify a path forward that may add additional activities to what is listed in this scope of services or change the timing of certain activities. b. The City will make key staff and senior leadership available to provide input during the workshops as the PIP is developed. The City should anticipate including staff from engineering, legal, and financing support during development of the PIP. c. The City will host the workshops at City facilities in Lubbock. Deliverables: Lake 7 - USACOE 404 Pre -Application Phase Support Page 13 of 21 a. HDR will prepare presentation materials (handouts, PowerPoint, etc.) to facilitate discussion during the workshops. b. HDR will prepare minutes of the workshops. c. An electronic (PDF) document of the PIP. Schedule: a. Workshops will be scheduled during the Project Kickoff Meeting (Task 1) but will be completed within 3 months following NTP. The first workshop may be held in conjunction with the Project Kickoff Meeting. b. The draft PIP will be submitted to the City within 3 weeks of the final in -person workshop. c. The City will provide a consolidated list of review comments within 3 weeks of submission of the draft PIP. d. The final PIP will be submitted within 2 weeks of receipt of City comments. Information to be Provided by the City: a. The City will provide input during workshops regarding information to be included in the PIP. Task 3. Draft Purpose and Need (P&N) Statement. a. In coordination with the information included in the 2023 Strategic Water Supply Plan (SWSP), HDR will develop a draft purpose and need (P&N) statement for use in evaluation of the practicability of water supply project alternatives. b. The Draft P&N statement will articulate the need the City is attempting to meet and the purpose of the project in meeting that need. c. The Draft P&N statement will identify the concise water supply shortage the USACE typically recognizes in their NEPA and permitting evaluations, but also resiliency and safety/emergency preparedness considerations. d. HDR will lead up to two in -person workshops to develop, refine, and finalize the Draft P&N statement. Assumptions: a. The City will make key staff and senior leadership available to provide input during the workshops as the Draft P&N statement is developed. b. The City will host the workshops at City facilities in Lubbock. Deliverables: a. HDR will prepare presentation materials (handouts, PowerPoint, etc.) to facilitate discussion during the workshops. b. HDR will prepare minutes of the workshops. c. An electronic (PDF) document of the Draft P&N statement. Lake 7 — USACOE 404 Pre -Application Phase Support Page 14 of 21 Schedule: a. The first workshop will be held following completion of Task 5 Comparison of Supplies and Demands during development of the 2023 Strategic Water Supply Plan (separate contract). b. A subsequent workshop will be scheduled as needed to refine the Draft P&N statement. c. The initial Draft P&N statement will be submitted to the City within 3 weeks of the first or second (if needed) in -person workshop for review and comment. The final Draft P&N statement will be included in the Preliminary Alternatives Evaluation (see Task 5). d. The City will provide a consolidated list of review comments within 3 weeks of submission of the initial Draft P&N statement. e. The fmal Draft P&N statement will be submitted within 2 weeks of receipt of City comments. Information to be Provided by the City: a. The City will provide input during workshops regarding information to be included in the Draft P&N statement. Task 4. Update and Advance the Previous Feasibility Analysis of Lake 7. a. HDR will advance the previous feasibility analysis and proposed design concepts of Lake 7 (as prepared by HDR, Feasibility of Constructing the Proposed Lake 7, 2011) to further refine the Lake 7 concept and provide an updated Opinion of Probable Construction Cost as described herein. b. This task will include advancing two primary design aspects: hydraulics and structural stability, and includes the following subtasks: 1. HDR will update the dam and spillway design flood (full probable maximum flood, PMF) in accordance with the new Texas Commission on Environmental Quality (TCEQ) probable maximum precipitation (PMP) data for Texas released in 2016 and convert the hydraulic model for the dam and reservoir to a new HEC-RAS model to take advantage of the latest 2-dimensional hydraulic modeling capabilities. 2. Using the updated model, HDR will refine the concepts for dam height, spillway type, and stilling basin configuration 3. HDR will perform a preliminary structural evaluation of the Roller Compacted Concrete (RCC) spillway section including an evaluation of sliding, overturning, and bearing capacity to estimate extent of foundation elements based on the currently available limited geotechnical information, for cost estimating purposes. c. HDR will develop revised preliminary design drawings of the proposed dam and spillways including updated dam site plan, typical sections, and dam centerline profile. d. HDR will develop an updated Opinion of Probable Construction Cost. e. HDR will prepare a technical memorandum summarizing the above tasks. Assumptions: Lake 7 — USACOE 404 Pre -Application Phase Support Page 15 of 21 a. This task will rely on geotechnical information made available during the initial feasibility evaluation of Lake 7 in 2011. b. Any opinions of probable project cost or probable construction cost provided by HDR are made on the basis of information available to HDR and on the basis of HDR's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since HDR has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, HDR does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost HDR prepares. HDR will prepare the Opinion of Probable Construction Cost to a Class 4 level, as defined by the American Academy of Consulting Engineers (AACE) International Cost Classifications. Deliverables: a. An electronic (PDF) document of the technical memorandum with updated drawings attached. b. HDR will provide the updated hydraulic model if requested by the City. Schedule: a. The draft technical memorandum will be submitted to the City within 5 months following Notice to Proceed (NTP). b. The City will provide a consolidated list of review comments within 3 weeks of submission of the draft technical memorandum. c. The final technical memorandum will be submitted within 2 weeks of receipt of City comments. Information to be Provided by the City: a. None. Task 5. Preliminary Alternatives Evaluation. a. HDR will evaluate a range of reasonable alternatives that could meet the purpose and need for the proposed project to prepare for a USACE Section 404(b)(1) and NEPA evaluation. This evaluation will include the following efforts: 1. Develop a matrix for the alternatives with potential to meet the purpose and need based on alternatives identified in the 2023 SWSP. 2. Develop and apply a practicability screening methodology to identify up to six practicable strategies to meet the purpose and need. 3. Develop daily operations analyses of surface water and indirect reuse alternatives. 4. Prepare preliminary desktop assessments of the environmental and cultural resource critical issues of alternatives potentially meeting purpose and need. This task will include the following efforts: Lake 7 — USACOE 404 Pre -Application Phase Support Page 16 of 21 i. Aerial photo and GIS database updates ii. Texas Historic Site Atlas review for alternative project sites, including Lake 7, (with approximate 1-mile buffer) for both historic sites and limits of previous archeological surveys. iii. Probability mapping for alternative sites with outdated, no prior surveys, or only partial survey status. iv. Preliminary archival review and NRHP eligibility assessment for potentially affected structures. v. Database updates of the U.S. Fish & Wildlife Service's Information for Planning and Consultation Tool (IPaC) for each alternative site and preliminary evaluation of protected species habitat potential occurrence in project area / vicinity. vi. Feasibility level mitigation evaluation for each practicable alternative based on GIS remote assessment of aquatic resources, generalized ratios, and publicly available property data. vii. GIS-based evaluation of potential waters of the U.S. based on pre-2015 USACE Guidance or the regulatory definitions in place at the time of report preparation. viii. Preliminary impact assessment for fill / inundation footprints. b. HDR will prepare a draft 404(b)(1) evaluation and preliminary determination of the least environmentally damaging practicable alternative (LEDPA) using a combination of anticipated environmental effects (waters and other protected resources) screened by a combination of logistics, available technology, and cost. Note that the USACE may require additional analysis and/or evaluation of additional alternatives before determining the LEDPA. c. HDR will prepare a technical memorandum summarizing the draft 404(b)(1) evaluation that incorporates the final Draft P&N statement (Task 3), the findings of the alternatives evaluation, and a table or matrix summarizing the environmental and cultural resource constraints identified for each alternative project. The memo and alternatives matrix will also summarize findings from the 2023 SWSP regarding whether each alternative would meet the purpose and need based on a combination of costs, logistics, and technology. AssMRttions: a. The practicability scoring and ranking system will identify six (6) practicable alternatives. b. HDR will evaluate up to six (6) alternatives considered to be practicable based on the preliminary evaluation. c. This task will rely on existing environmental and cultural resources information publicly available.HDR will evaluate Lake 7 and up to 5 other water supply strategies to meet the projected need. d. Since this work will be developed by the prospective applicant prior to interagency coordination and NEPA scoping by the USACE, it will be a preliminary evaluation for submittal to the USACE (lead federal agency) as applicant -prepared supporting information. e. The USACE will utilize this information to be submitted as part of a future 404 application to help inform their agency recommended scope of analysis. Lake 7 — USACOE 404 Pre -Application Phase Support Page 17 of 21 f. It is important to note that the USACE may concur or choose to expand the scope of the alternatives analysis their staff and/or a third -party contractor will conduct to meet federal requirements under NEPA. Deliverables: a. HDR will lead a workshop in person with the City to develop the practicability scoring and ranking system. b. Technical Memorandum describing the development of the draft 404(b)(1) evaluation. Schedule: a. The practicability scoring and ranking to be completed within 2 months following completion of Task 7 of the 2023 SWSP (under separate contract). b. The updated alternatives evaluation will be completed and the draft memorandum submitted to the City within 3 months following completion of Task 9 of the 2023 SWSP (under separate contract). c. The City will provide a consolidated list of review comments within 3 weeks of submission of the draft technical memorandum. d. The final technical memorandum will be submitted within 2 weeks of receipt of City comments. Information to be Provided by the City. a. Coordination with HDR regarding the practicability scoring and ranking system. Task 6. Consideration of the Preliminary LEDPA Determination. a. HDR will lead an in -person workshop with City staff and leadership to discuss the preliminary determination of the LEDPA to meet the purpose and need identified in Task 2. The purpose of this workshop will be to review the information developed to this point regarding Lake 7 and other supply alternatives and decide on the path forward for the project. Assumptions: a. The City will make key staff and senior leadership available to provide input during the workshop as the preliminary LEDPA and future work are discussed. b. The City will host the workshop at City facilities in Lubbock. Deliverables: a. HDR will prepare presentation materials (handouts, PowerPoint, etc.) to facilitate the discussion of the LEDPA. b. HDR will prepare minutes of the workshop. Schedule: Lake 7 — USACOE 404 Pre -Application Phase Support Page 18 of 21 a. The workshop will be held within 4 weeks of submission of the technical memorandum prepared under Task 5. Information to be Provided by the City: a. None. Schedule The proposed timeline for completion of the major tasks in this Scope of Services is as follows. Task Task Description Time for Completion Phase 1. Preliminary LEDPA Determination 1 Project Management ongoing 2 Project Implementation Plan PIP completed 4 months following NTP Draft P&N Statement completed 2 months following completion of Task 5 3 Draft Purpose and Need (P&N) Statement of the 2023 SWSP, subject to scheduling of City staff workshops 4 Update and Advance Feasibility of Lake 7 Draft technical memorandum submitted within 5 months following NTP Draft technical memorandum submitted 5 Preliminary Alternatives Evaluation within 3 months following completion of Task 9 of the 2023 SWSP 6 Consideration of the Preliminary LEDPA Workshop to be held within 4 weeks following completion of Task 5 Future Phases To be determined. ---------------- Lake 7 — USACOE 404 Pre -Application Phase Support Page 19 of 21 Exhibit B City of Lubbock Lake 7 Pre -Application Phase Environmental Planning Support Budget CITY and ENGINEER have established a not -to -exceed fee of $349,800 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 Description Budget Phase 1. Preliminary LEDPA Determination 1 Project Mana ement $37,300 2 3 Project Im lementation Plan _ Draft Purpose and Need P&N Statement $44,400 $50,400 4 Update and Advance the Previous Feasibility Analysis of Lake 7 $83,100 5 Preliminary Alternatives Evaluation $116,400 6 Consideration of the Preliminary LEDPA Determination $18,200 Total Phase 1 Tasks 1-6 $349 800 Future Phases To be determined. Lake 7 — USACOE 404 Pre -Application Phase Support Page 20 of 21 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 / Environmental Project Manager $ 200.00 $ 320.00 Senior Environmental Scientist / 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 II / 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. Lake 7 — USACOE 404 Pre -Application Phase Support 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. 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. 2023-987686 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. 17158-Lake 7 USACOE 404 Permit Professional Engineering Services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (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 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 , 20 23 (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. 2023-987686 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. 17158-Lake 7 USACOE 404 Permit 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