Loading...
HomeMy WebLinkAboutResolution - 2023-R0152 - Professional Service Agreement 17227 with HDR Engineering 3.21.23Resolution No. 2023-R0152 Item No. 6.9 March 21, 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. 17227 for professional services for wastewater systems, land application evaluations, permitting, subsurface hydrologic investigations, data evaluation, modeling, reporting, remediation engineering, 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 March 21, 2023 all Paz, VED AS TO CONTENT: G� Rejino, Assistant City Manager PROVED AS TO FORM: Deputy City -Attorney PSC- HDR Engineering 17227 Resolution No. 2023-RO152 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17227 is entered into this 21 st day of March, 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 wastewater systems, land application evaluations, permitting, subsurface hydrologic investigations, data evaluation, modeling, reporting, remediation engineering, 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 66 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 $890,000 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. Land Application Sites Groundwater Remediation Evaluation Page 2 of 17 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 Land Application Sites Groundwater Remediation Evaluation Page 3 of 17 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 carvers 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 Land Application Sites Groundwater Remediation Evaluation Page 4 of 17 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. Land Application Sites Groundwater Remediation Evaluation Page 5 of 17 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 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/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. Land Application Sites Groundwater Remediation Evaluation Page 6 of 17 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Paula Jo Lemonds, P.E., PG HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5127 Facsimile: (512) 912-5158 paula.lemonds(a-)hdrinc.com C. City's Address. The City's address and numbers for the purposes of notice are: Aubrey A. Spear, P.E., Director of Water Utilities City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79401 Telephone: 806-775-25 85 Facsimile: (806) 775-3027 asnear(d,mylubbock.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, so long as the City 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. Land Application Sites Groundwater Remediation Evaluation Page 7 of 17 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. 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. Land Application Sites Groundwater Remediation Evaluation Page 8 of 17 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. 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 Land Application Sites Groundwater Remediation Evaluation Page 9 of 17 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, 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. Land Application Sites Groundwater Remediation Evaluation Page 10 of 17 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Tray ayor ATTEST: urtney Paz, teri ity Se6eary APPROVED AS TO CONTENT: 6J- 1 'L 1A Aubrey A. Spe .E., Directo of Water Utilities APPROVED AS TO FORM: y , s ity Attorney Firm HDR Engineering, Inc. Mark Borenstei , P.E., Vice President Land Application Sites Groundwater Remediation Evaluation Page 11 of 17 Exhibit A Land Application Sites Groundwater Remediation Evaluation Scope of Services Background The City of Lubbock has utilized treated wastewater effluent for irrigation at the Lubbock Land Application Site (LLAS) since, at least, the 1930s, and at the Hancock Land Application Site (HLAS) since the 1980s. As early as 1968, the City became aware of a water table mound beneath LLAS. This groundwater also contained high levels of nitrate nitrogen. In the 1970s, the City began pumping groundwater from the water table mound into the Jim Bertram Lake System (JBLS) as part of a remediation program. The remediation program was formalized in the late 1980s in response to an Agreed Order between the City and the predecessor organization to the Texas Commission on Environmental Quality (TCEQ). In 2009, the Agreed Order was closed, and the requirements became part of the Southeast Water Reclamation Plant (SEWRP) operating permit. The City's current permit requires semi-annual sampling at approximately 140 wells at LLAS and 40 wells at HLAS. These data are collected by City of Lubbock personnel and are reported to TCEQ in an annual report for each site in late May. Per permit, a groundwater model was developed to estimate groundwater elevations and quality for the next five years. This modeling has been conducted since 2002. Scope of Services To accomplish the project purpose, it is expected that the following tasks will be completed. Task 1: Prepare and Produce Annual Groundwater Reports for LLAS and HLAS HDR will prepare the annual Groundwater Report for each site as currently required by TPDES Permit No. WQ0010353002. The HDR Team will include the following components in the reports. 1. Static groundwater levels at all monitoring and recovery wells and a resulting water table map; 2. Laboratory results of groundwater sampling at all monitoring and recovery wells and a resulting nitrates concentration map; 3. Future effects of the remediation system as predicted by the groundwater model; 4. Volumes of groundwater routed through the Jim Bertram Lake System and applied for irrigation at other locations; Land Application Sites Groundwater Remediation Evaluation Page 12 of 17 5. A summary of in -situ groundwater remediation activities, as applicable; 6. Planned alternations to cropping and water application plans resulting from water and nitrates balance models completed by the soil science consultant; a. Coordinate with current soil science consultant; 7. Recommended adjustments to the remediation system including optimal well locations. In preparing the annual reports, the HDR Team will provide the professional engineering services described below. Task 1.1 Manage and Analyze LAS Data 1. Compile water level and water quality data collected by City staff into tables and maps. Copies of laboratory reports will be included in the annual reports. 2. Prepare current year surface (contour) maps of the water level elevations and nitrate concentrations; 3. Prepare charts showing time trends of water levels and nitrates concentrations at individual monitor and recovery wells for at least the last five years; and 4. Discussion of the current results compared to available historical data. 5. Note: Field data and water samples will be collected by City staff. Laboratory services will be provided by the City. Data will include, at a minimum, water level, field water quality parameters, and well purging. Task 1.2 Update Groundwater Model Predictive Simulations of the LLAS 1. Compile current year pumping and recharge data, format into the MODFLOW / MT3D model's grid, and load into the model; 2. Reformat groundwater level and nitrates data and enter into the model; 3. Update the model control parameters for a five-year predictive simulation; 4. Perform the predictive simulation, and export predictive water level and nitrate concentration maps; 5. Summarize the MODFLOW / MT3D modeling results into maps, tables and charts; and 6. Communicate findings to the City and the City's soil science consultant. Task 1.3 Prepare Annual Reports 1. Conduct virtual meetings with supporting exhibits (draft graphs, maps, and/or tables) to review and communicate findings with City staff prior to development of the annual reports. 2. Prepare LLAS and HLAS annual reports with details of the data collection and the LLAS MODFLOW / MT3D groundwater model results. 3. Include background, summary discussions, and recommendations; and 4. Assist the City in responding to TCEQ comments related to the reports. 5. Reports will be prepared for five years, including 2023, 2024, 2025, 2026, and 2027. o The fee basis for the annual reports assumes that reporting requirements of TCEQ do not change from year to year. HDR assumes a similar level of effort for each year but adjusting the fee to reflect increases in staff compensation. Deliverables: Land Application Sites Groundwater Remediation Evaluation Page 13 of 17 1. Provide electronic drafts of the reports to the City for review. The HDR Team will respond to comments and prepare final reports within ten business days of receiving the City's comments. The final reports will be delivered in electronic format to the City. 2. Submit hard copy and electronic copy of reports to TCEQ Region 2, TCEQ's Compliance Monitoring Section, and TCEQ's Water Quality Assessment Team to comply with terms of TPDES permit No. WQ0010353002. 3. Deliver to City one electronic and one hard copy of TCEQ requests for information (RFI) responses submitted to TCEQ. Task 2: Operations Analysis The HDR Team will provide continuing evaluation related to the remediation system at the LLAS. The following subtasks will be completed in fiscal year 2023-2024. Task 2.1 Review Remediation Work Plan The HDR Team will review the remediation work plans for both HLAS and LLAS. HDR's assessment will include: 1. Analysis of the frequency of data collection, 2. Evaluation of the current data analyses, and 3. Assessment of the City's goals for groundwater treatment or alternate uses and offer recommendations for updates to the work plans. Task 2.2 Assess Remediation System Well Performance The HDR Team will assess the performance of the remediation system wells at LLAS and how this performance will impact the MODFLOW / MT3D model. HDR's assessment will include: 1. Analysis of the system's SCADA records, including well productivity or lack of, compared to the existing groundwater model results. This analysis could prompt updates of the groundwater model. Task 2.3 Evaluate SCADA System The HDR Team will assess the existing SCADA system. This analysis could prompt updates, upgrades, or other related improvements to the system. HDR's assessment will include: 1. Review of the existing SCADA software version and existing SCADA graphic screens. 2. HDR will perform a SCADA inventory of the physical attributes and quantities that constitute the SCADA system hardware components. a. This will include an assessment of existing installed hardware such as workstation(s), server(s) and network switches. 3. HDR will also study the existing wireless communication from the SEWRP to various remote sites (facilities) that are connected to the SEWRP's SCADA system that enable the Plant to monitor and control various remote facilities. Land Application Sites Groundwater Remediation Evaluation Page 14 of 17 4. HDR will also access the current SCADA data management with respect to long term data storage and the Plant's use of historical data for trending and analysis. One member of the HDR Team will travel to Lubbock for one business day for SCADA assessment, if needed. Assumptions: An update of the remediation work plans is not included as part of this scope of work and is considered Additional Services for which a contract amendment and increase offee will be required. Should the scope of work and fee be amended to develop a remediation work plan, the updated remediation work plan will be developed as a separate document from this deliverable. An update of the groundwater model is not included as part of Task 2.2 and is considered Additional Services for which a contract amendment and increase offee will be required. The scope and fee increase will be determined after the required model updates are identified. Design, installation or programming of any SCADA related improvements are not included as part of this scope of work and are considered Additional Services for which a contract amendment and increase offee will be required. Deliverable: The results of each subtask of Task 2 will be documented in a technical memorandum. For Task 2.3, HDR will include a SCADA Network Architecture diagram, which will show the main components of the SCADA system including remote sites and the communication between them. An electronic draft of the technical memorandums will be provided to the City for review. The HDR Team will respond to comments and prepare a final technical memorandum within ten business days of receiving the City's comments. The final technical memorandum will be delivered in electronic format. Task 3. Present Findings to Staff The HDR Team will present project updates to the Water Utility staff as requested by the City. A PowerPoint presentation of the status of the project and conclusions of the work effort will be prepared for each of these meetings. This scope of work anticipates that one member of the HDR Team will attend two presentations in Lubbock and be available to answer questions. Deliverables: 1. Attendance in Lubbock by one member of the HDR Team for one presentation to Water Utility staff (one per annual reporting year). 2. Attendance in Lubbock by one member of the HDR Team for one presentation to the Lubbock Water Advisory Commission (LWAC). Land Application Sites Groundwater Remediation Evaluation Page 15 of 17 3. PowerPoint presentation and any associated boards and visual aids, including handout packages for the meetings. Task 4. Project Administration, OA/OC and Communication HDR will lead a Project kickoff conference call during the two -week period following notice to proceed from the City. During the kickoff call, HDR and the City will: 1. Discuss the City's long-term plans for use of reclaimed water, 2. Discuss the City's plans for short-term and long-term management of HLAS and LLAS, 3. Review and establish milestone dates for completion of portions of this scope of work, 4. Review invoicing requirements and timing, 5. Establish project communication protocols, 6. Identify data needs from the City and coordinate transfer of information, and 7. Review annual report format. Project administration and quality assurance/quality control (QA/QC) activities will be performed under this task. Assumptions 1. City will provide necessary data, including but not limited to field sampling results, analytical laboratory results, and water and wastewater system operational data. 2. City will review draft annual reports within ten business days of receipt of the reports. Land Application Sites Groundwater Remediation Evaluation Page 16 of 17 Exhibit B Land Application Sites Groundwater Remediation Evaluation Budget CITY and ENGINEER have established a not -to -exceed fee of $890,000 to complete the services under this Contract on a time and materials basis, as shown below by task. 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. 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. The following table summarizes the fee estimated to be required to complete the above scope of services. Task Description FY 2022-23 FY 2023-24 FY2024-25 FY2025-26 FY2026-27 1 Analyze Data & $142,500 $142,500 $142,500 $142,500 $142,500 Prepare Reports 2 Operations $50,000 Analysis 3 Present Findings to $9,800 $9,800 $9,800 $9,800 $9,800 Staff 4 Project $15,700 $15,700 $15,700 $15,700 $15,700 Administration Annual Total 1 $168,000 $218,000 1 $168,000 1 $168,000 $168,000 Grand Total I I I 1 1 $890,000 Land Application Sites Groundwater Remediation Evaluation Page 17 of 17 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. 2023-1000466 HDR Engineering, Inc. Austin, TX United States Date Filed: 03/29/2023 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. 17227 Professional services related to wastewater systems, land application evaluations, and groundwater remediation engineering. 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 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 29th day of MarCh 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. 2023-1000466 HDR Engineering, Inc. Austin, TX United States Date Filed: 03/29/2023 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: 04/21/2023 g 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. 17227 Professional services related to wastewater systems, land application evaluations, and groundwater remediation engineering. 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