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HomeMy WebLinkAboutResolution - 2023-R0181 - Professional Service Agreement 16932 with HDR Engineering 4.11.23Resolution No. 2023-R0181 Item No. 6.21 April 11, 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. 16932 for the planning, evaluation, permitting, designing, and construction water systems including replacement of service lines 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 APPROVED AS TO CONTENT: i Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Amy . S' s, Deputy ttorney RESTSC- HDR Engineering 16932 April 11, 2023 Resolution No. 2023-RO181 Professional Services Agreement STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16932 is entered into this 11 th day of April, 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 water systems including replacement of service lines that do not meet regulatory requirements 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. ARTICLE H. 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 $744,400 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. Lead & Copper Rule Compliance Assistance Page 2 of 26 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 Lead & Copper Rule Compliance Assistance Page 3 of 26 which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Per Claim and in the Aggregate Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 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 Lead & Copper Rule Compliance Assistance Page 4 of 26 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. 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. Lead & Copper Rule Compliance Assistance Page 5 of 26 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. 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/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) Lead & Copper Rule Compliance Assistance Page 6 of 26 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: HDR Engineering, Inc. Greg Pierson, P.E. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Telephone: (512) 912-5183 Email: greg,pierson(a)hdrinc.com C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Aubrey A. Spear, P.E., Director of Water Utilities 406 Municipal Drive Lubbock, Texas 79457 Telephone: 806-775-2585 Email: aspearAnylubbock.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. Lead & Copper Rule Compliance Assistance Page 7 of 26 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. Lead & Copper Rule Compliance Assistance Page 8 of 26 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 or Lead & Copper Rule Compliance Assistance Page 9 of 26 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. Lead & Copper Rule Compliance Assistance Page 10 of 26 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. ATTEST: "Ph-, i S retary APPROVED AS TO CONTENT: g Aubrey A. Spe P.E., Dir for of Water Utilities CITY OF LUBBOCK Firm Lead & Copper Rule Compliance Assistance Page 11 of 26 Exhibit A Lead & Copper Rule Compliance Assistance Scope of Services Background The original federal Lead and Copper Rule (LCR) was published in 1991 by the U.S. Environmental Protection Agency (USEPA). These rules were promulgated to protect people from serious harm associated with chemicals precipitating from old lead and copper service lines and water mains. Several revisions have occurred since then. The most recent comprehensive revisions to the LCR were published in 2022 (Lead and Copper Rule Revisions — LCRR). These recent revisions require all water utilities to develop new testing and treatment protocol, service line identification/replacement plans, as well as public outreach and notification plans. The submission of a comprehensive lead service line replacement plan has a compliance deadline set by the USEPA in October 2024. The Consultant (HDR) will provide professional services and technical assistance to the City of Lubbock (City) in the preparation of plans and other documents required to meet the LCRR compliance deadline of October 16, 2024. This Scope of Services consists of two phases, as described below. Optional 1 Contingent tasks may be added to the Scope of Services as approved by City, as needed. Phase 1— Assessment, Gap Analysis, and LCRR Compliance Plan The objectives of Phase 1 services are to: 1. Perform an assessment of the City's current practices and performance for compliance with the Lead and Copper Rule (LCR) in relation to the requirements of the Lead and Copper Rule Revisions (LCRR). 2. Prepare the Gap Analysis that identifies activities and actions needed for LCRR compliance 3. Prepare the LCRR Compliance Plan. Task 1.1 - Project Initiation and Management HDR will: 1. Prepare for and conduct a project kickoff meeting with key City and HDR's core project members. The kickoff meeting will address scope, QA/QC, responsibilities, project internal communications, and the initial data request, and a preliminary schedule for key work activities to be completed by the initial October 16, 2024 compliance deadline. 2. Prepare an initial data request for the City. The following data are anticipated to be requested: a. Treated water quality. b. LCR lead monitoring data. c. Records of services lines. d. Names of all known schools and childcare facilities served with City water. Lead & Copper Rule Compliance Assistance Page 12 of 26 3. Provide project management activities, including coordination with City and HDR project staff, monitoring and management of scope, schedule, and budget tracking; and invoicing. 4. Provide quality assurance / quality control (QA/QC) for services and deliverables. City will: 1. Provide names and roles of all key City personnel that will be involved during the project. 2. Participate in the project kickoff meeting. 3. Provide available data requested by HDR. Assumptions: 1. The kickoff meeting will be a virtual meeting (web platform call) up to 2 hours in duration. 2. The project management and coordination effort under this task applies only to the tasks under Phases 1 and 2 of this scope of services. Project management effort for Optional / Contingent tasks will be integrated into each of those tasks separately. Deliverables: 1. Kickoff meeting agenda and meeting minutes (PDF format). 2. Monthly project progress reports to accompany monthly invoices. Schedule: 1. The kickoff meeting will be held shortly before or after the Notice to Proceed (NTP). Task 1.2 - Chartering Workshop HDR will: Prepare for and conduct a Chartering Workshop with key City and HDR project staff members. The Chartering Workshop will address and establish the project objectives, stakeholders, roles and responsibilities, data management protocols, initial public communications, and a preliminary schedule for all key work activities to be completed by the October 16, 2024 compliance deadline. City will: 1. Provide names and roles of all key City personnel that will be involved during the project. 2. Participate in the Chartering Workshop and provide inputs for the agenda, materials, and key decisions. Assumptions: The Chartering Workshop will be an in -person meeting at the City and will be up to 4 hours in duration. Deliverables: 1. Chartering Workshop agenda and materials (PDF format) 2. Project Charter (PDF format) Schedule: 1. The target date for completing the Project Charter is within 4 weeks of NTP. Lead & Copper Rule Compliance Assistance Page 13 of 26 Task 1.3 - Service Line Materials Benchmarking and Preliminary Inventory Development HDR will: 1. Review the existing records of services lines information to determine the approximate number of service lines for which the material is not defined. 2. Identify probable private -side premise plumbing materials for residential customers using available City records, including building permits information. 3. Develop and assign a priority level for those residential services that have unknown' missing information and are in areas of the distribution system that may be more vulnerable to lead exposure from all sources. 4. Perform an assessment of the City's existing asset management software and data management practices. Identify improvements to data management and software for updating and extracting relevant service lines information. 5. Prepare a preliminary inventory of service line materials using available City records. The inventory will be in Microsoft Excel format that enables updating of information as it becomes known. 6. Prepare a web -based ESRI ArcGIS Inventory Project Map that provides graphic representations of the locations of service lines, their material types (known or unknown), and lead vulnerability priority level. 7. Identify the City's existing capabilities and constraints for performing field investigations to determine service lines material types. 8. Identify the City's existing capabilities and constraints for replacing services lines. 9. Consult with the Texas Commission for Environmental Quality (TCEQ) to determine the number or percent of service lines that can be identified using predictive analytics methods. City will: 1. Provide current electronic and paper records for service lines in the City's service area. Items may include: a. GIS database(s). b. Customer services database(s). c. Maintenance records. d. Stop and tap cards. e. Building and/or inspection departments records including historical permits, plumbing codes, and local building codes. f. Water system operations standard operating procedures. g. Work orders for service connections and meter installations. 2. Provide input regarding the City's existing capabilities and constraints for performing field investigations to determine service lines material types. 3. Provide input regarding the City's existing capabilities and constraints for replacing services lines. Assumptions: 1. Existing information for most of the service lines is in electronic format. This information will be provided to HDR within 3 weeks from NTP. 2. The City will provide HDR an ESRI ArcGIS portal account with authoring privileges. 3. The City will host the ESRI ArcGIS Inventory Map files. Lead & Copper Rule Compliance Assistance Page 14 of 26 4. Based on HDR's outreach to TCEQ, TCEQ will accept predictive analytics methods for identifying service lines materials. 5. No field investigations will be performed as part of this task. Deliverables: Preliminary Service Lines Inventory in ESRI format. Web -based ESRI ArcGIS Project Map that shows locations of service lines and their material types and lead sampling locations and associated historical lead levels at those locations. This will be delivered using an agreed upon ESRI platform (e.g., ArcGIS Hub). Service Lines Materials Technical Memorandum (TM) (Draft — MS Word format; Final — PDF format) that provides: a. The preliminary inventory of service line materials based on available City records. b. An estimated number of service lines for which the material is not defined (unknown) and their locations within the service area. c. A preliminary estimate of the probable private -side premise plumbing materials in schools, residential, and commercial customers based on approximate dates of construction. 4. Service Lines Data Management TM (Draft — MS Word format; Final — PDF format) that provides: a. An assessment of the City's existing asset management software and data management practices for service lines information. b. Identifies and recommends specific improvements to data management practices and software to better enable updating and maintaining relevant information for service lines. Schedule: 1. Existing service lines information are provided to HDR within 3 weeks of NTP. 2. The target date for completing the initial Service Lines Inventory and the web -based ESRI ArcGIS map of service lines is within 3 months from NTP assuming the available service lines information from the City is provided within 3 weeks of NTP 3. The target date for completing the Service Lines Materials technical memorandum is within 4 months from NTP. 4. The target date for completing the Service Lines Data Management technical memorandum is within 3 months from NTP. Task 1.4 - Assess Lead Monitoring Practices and Requirements HDR will: 1. Perform an assessment of the current lead sampling practices and data management for Lead and Copper Rule (LCR) compliance in relation to LCRR requirements. 2. Based on available monitoring data, identify existing LCR compliance sampling locations within the service area that have historically had relatively higher lead levels. Input all sampling locations and lead monitoring data into the web -based GIS-based map. Evaluate the lead levels measured at the existing sampling locations in relation to the initial service lines materials inventory to identify areas within the service area that are or may be at higher risk for lead. . Lead & Copper Rule Compliance Assistance Page 15 of 26 3. Based on the existing lead sampling data, develop an investigative sampling plan to help better identify areas with a potential greater risk of lead, if needed. 4. Perform an assessment of existing data management software and practices for lead monitoring compliance. 5. Based on the service lines inventory investigations, recommend changes needed to the lead sampling plan for LCRR compliance. City will: 1. Provide LCR compliance lead sampling locations and monitoring results data in electronic format for the past 5 years. 2. Identify LCR sampling practices including who performs sampling and the laboratory (or laboratories) that perform the lead analyses. 3. Provide the water system hydraulic model, if available. Assumptions: 1. LCR compliance lead sampling locations and results data are currently in electronic format. 2. The investigative sampling plan will be limited to not more than 30 new sampling locations with one round of sample collection. Sampling will be done by City staff, if feasible. If not, HDR can perform the sampling as part of a contract amendment. Deliverables: 1. Lead Sampling and Data Management Technical Memorandum (TM) (Draft — MS Word format; Final — PDF format). The TM will include: a. An assessment of the current lead sampling practices and data management for Lead and Copper Rule (LCR) compliance in relation to LCRR requirements. b. Identifies existing LCR compliance sampling locations within the service area that have historically had relatively higher lead levels in relation to the initial service lines materials inventory. c. An investigative sampling plan to help identify areas with a potential greater risk of lead, if needed. d. Results of the investigative sampling. e. An assessment of existing data management software and practices for lead monitoring compliance and recommendations for improvements, if needed. Schedule: 1. The target date for completing the Lead Sampling and Data Management technical memorandum is within 3 months from NTP. Task 1.5.A - Assess Water Quality and Treatment Practices for Lead Control HDR will: Perform an assessment of the current treated water quality conditions for lead control performance. The RTW-AWWA model, information from analogous water systems, and TCEQ guidelines for corrosion control will be used for this assessment. Lead & Copper Rule Compliance Assistance Page 16 of 26 2. Identify and evaluate possible treatment changes that may improve water quality conditions for minimizing lead mobilization in the distribution system based on the water sources currently and the blending ratios currently used. 3. Identify and evaluate possible treatment changes that may be needed to improve water quality conditions for minimizing lead mobilization in the distribution system assuming a new source water is brought on-line and the blending ratios of the source waters change significantly. City will: 1. Treated water quality data from the North and South Water Treatment Plants (WTPs) and the Bailey County Well Field for years 2020 — 2022. 2. The typical source water blend ratio in treated water produced by the North WTP. 3. The distribution system areas / zones served principally with treated water from the North WTP, South WTP, and Bailey Well Field. 4. Decide whether a pilot study should be prepared (Task 1.5.13) or not. Deliverables: A technical memorandum for Water Quality and Treatment Practices for Lead Control (Draft — MS Word format; Final — PDF format). The technical memorandum will include: a. An assessment of the current treated water quality conditions for lead control performance. b. Identifies possible treatment changes that may help improve water quality conditions for minimizing lead mobilization in the distribution system based on the water sources currently and the blending ratios currently used. c. Identifies possible treatment changes that may be needed to improve water quality conditions for minimizing lead mobilization in the distribution system assuming a new source water is brought on-line and the blending ratios of the source waters change significantly. d. A recommendation for whether or not a pilot study of treatment modifications is required to meet LCRR requirements or, if not required for LCRR compliance, a pilot study would be of value for the City's lead control program. Schedule: 1. The target date for completing the Water Quality and Treatment Practices for Lead Control technical memorandum is within 4 months of NTP. Task 1.5.B - Pilot Study Plan for Lead Control Treatment Optimization HDR will: 1. Based on the findings and City's decision in Task 1.5.A, prepare a Pilot Study Plan that includes the design of a pipe loop testing apparatus. City will: 1. Identify a specific site (or sites) where the pipe loop testing apparatus can be located, including available facilities and site features and constraints. Assumptions: Lead & Copper Rule Compliance Assistance Page 17 of 26 1. The design of the pipe loop testing apparatus will be based on the USEPA 1 AWWA guidelines for corrosion control pipe loop testing. 2. Execution of the pilot tests are not part of this task. Deliverables: 1. Pilot Study Plan. (Draft — MS Word format; Final — PDF format) Schedule: 1. The target date for completing the Pilot Study Plan will be determined based on the City's needs and constraints. Task 1.6 - Assess Public Outreach and Risk Communications Practices and Requirements HDR will: 1. Prepare for and conduct an initial public outreach and communications meeting with the City's Public Information (PI) staff. 2. Perform an assessment of the City's current resources and practices for public outreach and risk communications in relation to LCRR requirements. HDR will work with the City's PI staff to complete this assessment. 3. A second meeting with the City's PI staff will be held to review the assessment and begin planning for Phase 2 activities. Information to be Provided by the City: The current number of PI staff and their responsibilities. Current practices and methods used for public outreach and communications. Current examples of public outreach materials that address aspects of the City's water system, such as annual Consumer Confidence Reports (CCRs), billing rate changes, and special 1 emergency water quality notices. 4. Frequency and tone of water system -related media coverage, with examples, over the last two years. Assumptions: 1. Two virtual meetings with City PI staff will be needed to complete the assessment. Deliverables: 1. A Technical Memorandum that provides an assessment of the City's current public communications practices and capabilities that are applicable for LCRR public outreach and risk communications requirements and preliminary recommendations for effective means of public outreach for LCRR compliance. (Draft — MS Word format; Final — PDF format) Schedule: 1. The target date for completing the public outreach and risk communications assessment technical memorandum is 2 months after NTP. Lead & Copper Rule Compliance Assistance Page 18 of 26 Task 1.7 - Prepare Gap Analysis Report and LCRR Compliance Plan HDR will: 1. Prepare the Gap Analysis Report that identifies the specific work elements and actions that are required for LCRR compliance, as well as recommended actions to strengthen the City's lead control program. The Gap Analysis Report will incorporate the findings from the assessments of existing conditions performed in Phase 1 and will include a schedule for implementing the required and recommended actions. 2. Prepare materials for and conduct a Gap Analysis review meeting with key City and HDR project team members. The key outcome of this meeting is to establish the actions that the City will move forward with for LCRR compliance. This meeting will occur shortly after the draft Gap Analysis Report is completed. 3. Prepare the LCRR Compliance Plan that documents the specific work elements and actions that the City will carry out moving forward. City will: 1. Review comments on the draft Gap Analysis Report. 2. Participation and input during the Gap Analysis review meeting. Assumptions: 1. City will provide comments on the draft Gap Analysis Report within 3 weeks of receipt. 2. The City will submit the LCRR Compliance Plan to TCEQ for review and comment. Deliverables: 1. Gap Analysis Report. (Draft — MS Word format; Final — PDF format) 2. Summary document of key decisions and directions from the Gap Analysis review meeting. (Draft — MS Word format; Final — PDF format) 3. LCRR Compliance Plan. (Draft — MS Word format; Final — PDF format) Schedule: 1. The target date for completing the draft Gap Analysis Report and the Gap Analysis review meeting is 4 months from NTP. 2. The target date for completing the final Gap Analysis Report is 5 months from NTP. 3. The target date for completing the LCRR Compliance Plan is 5 months from NTP. Task 1.8 - LCRR Compliance Project Presentations HDR will: 1. Prepare and present specific aspects of the LCRR Compliance Project to the Lubbock Water Advisory Committee (LWAC) and the City Council, as requested by the City. Each presentation will be in PowerPoint format. Presentation topics may include the following: a. Overview of the LCRR and the City's compliance approach. b. Findings and recommendations from the Gap Analysis. c. Overview of the LCRR Compliance Plan. Assumptions: Lead & Copper Rule Compliance Assistance Page 19 of 26 1. The presentations will be in -person unless directed by the City to make a virtual presentation. Deliverables: 1. An electronic copy of each presentation (MS PowerPoint format). For those presentations made in -person, also provide up to 10 hard copies. Phase 2 — Implementation of the LCRR Compliance Plan Phase 2 services consists of preparing key elements of the LCRR Compliance Plan, as described below. Task 2.1 - Complete the Service Lines Materials Inventory HDR will: 1. Prepare a service line unique identifier (UID) system for the final service lines inventory located within the ArcGIS data base. 2. Assign a priority level for field investigations of services to residences, schools, and childcare facilities that have unknown / missing information and are in areas of the distribution system that likely more vulnerable to lead exposure. 3. Prepare a plan for field investigations to identify/verify service lines material based on their priority level. The field investigations plan will include a GIS map showing locations of services to be investigated and their priority level. 4. Utilize predictive analytic methods to help complete the service lines inventory. This work will be performed by HDR's subconsultant BlueConduit as described in Task 2-2. 5. Complete the Service Lines Inventory based on the findings from the field investigations and results from the initial predictive analytics assessment. City will: 1. Provide input for development of the unique identifier (UID) system. 2. Provide input for development of the priority levels for services. 3. Provide input and review of the field investigations plan. Assumptions: 1. BlueConduit will generate a recommended list of service line locations for field investigations (as part of Task 2.2.A). 2. Prioritization for service lines field investigations will be at schools and childcare facilities with older construction (prior to 2014) and in areas more vulnerable to the presence of lead. 3. Field investigations will be performed by the City and/or a contractor under a separate agreement. 4. The Final Services Lines Inventory will be submitted to TCEQ on Form 20943. Deliverables: 1. UID system. 2. Field investigations plan. (Draft — MS Word format; Final — PDF format; GIS map in selected ESRI platform) 3. Final Services Lines Inventory in MS Excel format. Schedule: 1. The target date for completing the Service Lines Inventory is 16 months after NTP. Lead & Copper Rule Compliance Assistance Page 20 of 26 Task 2.2.A — Predictive Analytics to Support the Service Lines Materials Inventory BlueConduit as subconsultant to HDR will: 1. Run an install routine to the ESRI ArcGIS inventory and provide guidance to City and HDR staff for data uploading. 2. Load service lines data into B1ueConduit's Data Science as a Service (DSaaS) platform for analysis and produce a list of up to 75 service line locations for field investigation to determine material types on both the utility side and private side. 3. Run an initial iteration of the predictive analytics model to update the service lines inventory with material type. The updated inventory will have two views: verified and predicted. 4. After field verification data are input into the DSaaS, additional iterations of the predictive analytics model may be performed to update the Service Lines Materials Inventory, if the City determines that this will add value as described in Task 2.2.B CitydWR will: 1. Provide available initial service lines data loaded into the ESRI Lead Service Line Inventory Solution provided by BlueConduit and the ArcGIS Inventory Project Map. 2. Add additional service lines data to the inventory platforms as they become available. 3. Field verification of service lines materials. Deliverables: l . ESRI Lead Service Line Inventory Solution provided by BlueConduit. 2. Initial data upload support. 3. Recommended list of service lines for field investigations (up to 75 locations). 4. Service Lines Materials Inventory Compliance to generate a project dashboard, create reports, and data files to satisfy LCRR compliance requirements. 5. Interactive Service Lines Map developed from the ESRI Community -Safe Website. This map can be published for public -facing use on the City's website. Schedule: 1. The target date for completing the list of service lines for field investigations is 6 months after NTP. 2. The target date for completing the initial predictive model is 8 months after NTP. Task 2.2.B — Additional Predictive Analytics Model Runs BlueConduit as subconsultant to HDR will: 1. After field verification data are input into the DSaaS, run up to 3 additional iterations of the predictive analytics model and to further update the service lines inventory. CitydWR will: 1. Add additional service lines data to the inventory platforms as they become available. 2. Field verification of service lines materials. Deliverables: 1. Updates to the Service Lines Materials Inventory. Lead & Copper Rule Compliance Assistance Page 21 of 26 2. Updates to the Interactive Service Lines Map developed from the ESRI Community -Safe Website (provided by B1ueConduit). Schedule: 1. The target date for completing this task will be determined based on the City's needs and the availability of additional service lines data. Task 2.3 - Service Lines Replacement Plan HDR will: 1. Prepare the Service Lines Replacement Plan. Replacement of service lines will be prioritized based on the findings from the field investigations, predictive analytics, and the final service line inventory completed in Tasks 2.1 and 2.2. 2. Assist the City with establishing criteria and protocols for replacing older service lines that are encountered and exposed as part of utilities routine maintenance work and renewal & replacement construction ("find -and -fix"). City will: 1. Estimate of number of service lines replacements that can be self -performed by the City over a designated time period. 2. Inputs to and review of the draft Service Lines Replacement Plan. 3. Decision for engaging a contractor to help complete the Service Lines Replacement Plan. Assumptions: 1. The Service Line Replacement Plan will be submitted by the City to TCEQ for review and approval. Deliverables: 1. Service Lines Replacement Plan. (Draft — MS Word format; Final — PDF format) 2. Find -and -Fix criteria and protocols. (Draft — MS Word format; Final — PDF format) Schedule: 1. The target date for completing the Service Lines Replacement Plan is 17 months after NTP. Task 2.4 — Lead Control Assistance for Schools and Childcare Facilities HDR will: 1. Work with the City to develop recommended protocols that schools and childcare facilities can utilize to reduce the potential for lead exposure. These may include the following: a. Identification of drinking water fixtures and sinks with lead -bearing brass. b. Identification and condition assessments of school 1 private side service lines and distribution piping. c. Sample specifications for plumbing fixtures with lead-free brass. Assumptions: Lead & Copper Rule Compliance Assistance Page 22 of 26 1. The schools and childcare facilities will carry out all work activities associated with implementing the recommended protocols provided by the City. 2. Neither the City nor HDR will perform any field investigations within school or childcare facilities or perform any implementation of mitigation measures within school or childcare facilities. Deliverables: 1. A single document containing recommended protocols and product specifications for reducing the potential for lead exposure in schools and childcare facilities. (Draft — MS Word format; Final — PDF format) Schedule: 1. The target date for completing this task is 12 months after NTP. Task 2.5 - Lead Monitoring Plan HDR will: Prepare the updated Lead Monitoring Plan that complies with the intent of the LCRR. The Plan will be developed based on the findings from the service line inventory and field investigations (Task 2.1) and the LCRR requirement that at least 20% of the sample locations must be at schools and childcare facilities. City will: 1. Provide inputs to and review of the draft Lead Monitoring Plan. Assumptions: 1. The Lead Monitoring Plan will be designed to be implemented and carried out by City staff. 2. The Lead Monitoring Plan will be submitted to TCEQ for review and approval. Deliverables: 1. Lead Monitoring Plan. (Draft — MS Word format; Final — PDF format) Schedule: 1. The target date for completing the Lead Monitoring Plan is 17 months after NTP. Task 2.6 - Public Outreach and Risk Communications Plan HDR will: 1. Prepare the LCRR Public Outreach and Risk Communications Plan. The Plan will include the following elements and the timing for them: a. Communications and coordination within the City (interdepartmental). b. Communications and coordination with partner governmental agencies (County Health District, Lubbock ISD). c. Communications with City water customers (general). d. Communications with schools and childcare facilities. e. Social media posts. Lead & Copper Rule Compliance Assistance Page 23 of 26 f. News media outreach and releases. g. Public education / information meetings. 2. Specific Public Communications materials. These include: a. Description of the City's LCRR compliance program. b. Sources of lead in drinking water and lead risk education / information (general). c. Key talking points for LCRR compliance for City spokespeople. d. Graphics showing known locations of lead service lines (LSL) and the status of service line replacements, and the most current lead sampling results for the water system. e. Public outreach web page for the LCRR compliance program. Any and all lead communications materials can be uploaded to the web page. f. Customer lead service line (LSL) replacement notification letter template. g. Customer LSL replacement funding letter template. h. Residential customer lead sampling instructions. i. Schools lead sampling instructions. j. Childcare facilities lead sampling instructions. k. Post-LSL replacement instructions for schools and childcare facilities. City will: 1. Provide points of contact for City departments; local governmental partner agencies; and local new media. 2. Provide the name(s) and contact information for the designated City spokesperson(s) for the LCRR compliance program. Assumptions: 1. The Specific Public Communications materials will be those listed above. HDR's assistance in the preparation of any additional materials that may be needed will be determined and added to HDR's scope of services and fee by contract amendment. 2. Spokespersons for the City will be City employees only; no HDR employees will serve as a spokesperson for the City. 3. HDR employees will not speak directly to news media regarding the LCRR compliance program; media inquiries to HDR will be directed to a designated City spokesperson. 4. Bi-weekly virtual meetings with City PI staff are assumed, however the frequency of these meetings can be determined in the second meeting in Task 1.6. Deliverables: 1. LCRR Public Outreach and Risk Communications Plan. (Draft — MS Word format; Final — PDF format) 2. Specific public communications materials needed to support the Public Outreach and Risk Communications Plan. (Draft & Final for each; electronic formats will vary) Schedule: 1. The target date for completing the LCRR Public Outreach and Risk Communications Plan is 5 months after NTP. 2. The target dates for specific public communications materials will vary with the type of materials. Lead & Copper Rule Compliance Assistance Page 24 of 26 Exhibit B Lead & Copper Rule Compliance Assistance Budget CITY and ENGINEER have established a not -to -exceed fee of $744,400 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 No. I Description Task Fee Phase I —Assessment, Gap Analysis, and LCRR Compliance Plan 1.1 Project Initiation and Management $50,200 1.2 Chartering Workshop $37,000 1.3 SLM Benchmarking and Preliminary Inventory Development $83,800 1.4 Assess Lead Monitoring Practices and Requirements $31,300 1.5.A Assess Water Quality and Treatment Practices for Lead Control $13,100 1.5.B Pilot Study Plan for Lead Control Treatment Optimization $16,200 1.6 Assess Public Outreach and Risk Comm. Practices $21,300 1.7 Prepare Gap Analysis Report and LCRR Compliance Plan $69,100 1.8 1 LCRR Compliance Project Presentations $31,800 Phase 2 — Implementation of the LCRR Compliance Plan 2.1 Complete the Service Lines Materials Inventory $32,400 2.2.A Predictive Analytics to Support the SLM Inventory $105,000 2.2.B Additional Predictive Analytics Model Runs $90,000 2.3 Service Line Replacement Plan $16,800 2.4 Lead Control Assistance for Schools and Childcare Facilities $9,700 2.5 Lead Monitoring Plan $8,700 2.6 Public Outreach and Risk Communications Plan $128,000 Total $744 400 Lead & Copper Rule Compliance Assistance Page 25 of 26 Hourly Rate Schedule Rates for January 1, 2023 through December 31, 2023 Specific Rates for Lead and Copper Rule Compliance Assistance HDR Engineering, Inc. Job Titles & Classifications Rate Range Principal and Senior Technical Advisor $ 245.00 $ 375.00 Engineers Project Manager Assistant Project Manager. Senior Engineer $ 195.00 S 270.00 Senior Asset Management Engineer $ 230.00 $ 275.00 Staff Engineer $ 120.00 $ 150.00 Strategic Communications Specialists Strategic Communications Supervisor $ 200.00 $ 250.00 Strategic Communications Technician $ 80.00 $ 100.00 Graphics Designer $ 85.00 $ 100.00 Technical / Support Staff GIS Supervisor, Quality Control $ 180.00 $ 210.00 GIS Analyst $ 100.00 $ 180.00 GIS Technician II $ 75.00 $ 100.00 Administrative II / Accountant S 80.00 $ 130.00 Administrative I / Clerical $ 90.00 $ 120.00 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. Lead & Copper Rule Compliance Assistance Page 26 of 26 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. 2023-1007623 HDR Engineering, Inc. Austin, TX United States Date Filed: 04/14/2023 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. 16932 Lead and Copper Rule Revision compliance assistance 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 14th day of April 12023 (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. 2023-1007623 HDR Engineering, Inc. Austin, TX United States Date Filed: 04/14/2023 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: 04/14/2023 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. 16932 Lead and Copper Rule Revision compliance assistance 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